Pretoria – The South African Zionist Federation (SAZF) on Friday said it felt disappointed after former Chief Justice Mogoeng Mogoeng apologised for his controversial pro-Israel comments, which he made during a webinar in June 2020.
A few hours before the deadline given to him, Mogoeng on Thursday apologised for his pro-Israel comments.
In the comments made at a webinar hosted by the Jerusalem Post in 2020, Mogoeng said that he was under an obligation as a Christian to love Israel and pray for Jerusalem’s peace, which means that country’s peace.
“If I curse Abraham and Israel, the almighty God will curse me too. I cannot do anything, as a Christian, other than love and pray for Israel because I know hatred for Israel by me and for my nation can only attract unprecedented curses,” he said at the time.
But the Judicial Conduct Committee ordered Mogoeng to apologise for his remarks, citing him for misconduct, stating that he had, among other things, involved himself in political controversy by commenting on, criticising and proposing changes to the official policy of the South African Government towards Israel.
The South African Zionist Federation said the Judicial Conduct Committee should not have ordered Mogoeng to apologise.
“The SAZF finds this ruling disappointing and misguided. It is neither tendentious nor controversial to call for peace in the Middle East or any part of the world. It is common decency to make such remarks, unlike the complainants in this case, who actively and regularly call for the destruction of the world’s only Jewish State,” said SAZF spokesperson Rolene Marks.
“Had he made remarks about peace between Ukraine and Russia, or China and Taiwan, would there have been a similar furore and outcome? Of course not,” she said.
Marks said the former chief justice should never have been censured for his comments on the Jerusalem Post panel, “which were seized on and politicised by anti-semitic factions”
“The SAZF condemns the coordinated and sustained attack by the BDS (Boycott, Divestment and Sanctions) movement on the former Chief Justice. BDS will stop at nothing to work against Israel and Jews around the world.
“We are concerned this will have a chilling effect on the discourse surrounding Israel and further bolster the extremist voices intent on derailing the cause of peace in the Israeli-Palestinian conflict,” Marks said.
On the other hand, Africa4Palestine, one of the organisations which raised the initial complaint against Mogoeng, said the “forced by the law apology” made by former Chief Justice Mogoeng Mogoeng was a victory over fanaticism and ego.
The Judicial Conduct Committee also found that Mogoeng had participated in an extra-judicial activity which was incompatible with confidence in or the impartiality or independence of Judges, by expressing a view on the diplomatic relations between South Africa and Israel, and that he had accepted an appointment that was inconsistent with an independent Judiciary by agreeing to participate in the webinar.
While Mogoeng appealed the ruling, #Africa4Palestine, which had taken Mogoeng to task over his remarks, lodged its submission with the Judicial Services Commission (JSC) in a bid to oppose the appeal.
It described the appeal by the former chief justice as a "classic case of a straw man argument.
In his apology released on Thursday, Mogoeng said: “Individually and together with my judicial colleagues, I have over the years made orders and expected all, including presidents, to comply with them and they did.
“I am now forced by the law - the order of the lawfully constituted Appeal Panel of the Judicial Conduct Committee to apologise unconditionally in terms of the prescribed apology. And because I am not above the law, I hereby apologise as ordered...“
He added that following his appeal on other aspects of the ruling by the committee, he had not maintained that he would not apologise.
Reacting to Mogoeng’s apology, Tisetso Magama, #Africa4Palestine spokesperson said the former chief justice was forced to the apology table – kicking and screaming.
“The apology is even more significant given that he was compelled. He was forced, kicking and screaming to the apology table. We see this as a victory over fanaticism and ego.
“We see this as a victory for the rule of law and an indication of the strength of our judiciary. It is a landmark apology which shows that even the chief justice is not above the law. It is a good day for the South African judiciary,” he said.
Magama added that Mogoeng’s apology was a victory for pro-Palestinian activists.
“The message is clear, South Africa and South Africans are in support of international law and human rights, and to suggest otherwise is incorrect,” he said.
IOL