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“Do not judge, lest you be judged yourself”: this is the message, more or less, from the Chief Justice Mogoeng Mogoeng to the Chairman of the Ingonyama Board of Trustees (ITB), Jerome Ngwenya.
Last week, Mogoeng ordered Ngwenya, a former judge, to stop referring himself to the title judge or Judge Ngwenya, because he had no right to do so.
Ngwenya, who was appointed a judge for the Western Cape section of the high court in 2000, resigned for personal reasons. In 2011 he applied for one of several vacant positions and was interviewed by the Judicial Service Commission (JSC). It was unsuccessful.
Earlier this week, the Minister of Agrarian Reform, Rural Development and Agriculture, Thoko Didiza, reappointed Ngwenya as chairman of the ITB interim board until a permanent board is appointed for the entity.
In a letter to Ngwenya, that the Mail and tutor As you have seen, the chief of staff at Mogoeng’s private office, Seal Chiloane, said that the Chief Justice had ordered him to raise the matter “to avoid or alleviate unintended embarrassment.”
“For years, he has stood by or allowed people to consider him, address him and treat him as a judge or a judge, as … confirmed in various documents, including the annual reports of the Board of Trustees of Ingonyama. But, as you know, they are not, ”Chiloane said.
Chiloane said that Ngwenya’s position was “different” from that of a retired judge, who could correctly use the title.
“This is so because he resigned from the magistracy and his subsequent attempt to become a judge was unsuccessful,” Chiloane said.
Chiloane said that other judges who have resigned, such as attorney Mervin King and attorney Ismail Hoosain, “never seek to be treated as such because they, like you, resigned and accept that they can no longer be considered judges.”
“Unlike serving and retired judges, when you have allegedly done or said something that is considered unethical, the Judicial Services Commission cannot take action against you, precisely because it is not a judge. It is necessary that only those who are subject to the authority of the JSC are treated and treated as judges, ”said Chiloane.
Chiloane said the time had come to clarify the matter and said the Chief Justice required written confirmation that Ngwenya would actively distance himself from the use of the title and “correct those who address you as such.”
He said a statement on the matter will be issued within seven days.
Ngwenya did not respond to calls from the M&G.
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