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Chief Justice Mogoeng Mogoeng. (Photo: EPA-EFE / Mike Hutchings / Pool)
Chief Justice Mogoeng Mogoeng has denied that he personally ordered additional security for the Vice President of the Western Cape Judge, Patricia Goliath, after an alleged assassination plot was discovered. He also denied having sent officials to investigate the plot.
In the emerging showdown between Western Cape Chief Justice John Hlophe and Chief Justice Mogoeng Mogoeng, the Office of the Chief Justice finally broke its silence on the matter.
In a press release issued Sunday, nine days after reports of the alleged plot were released. revealed for the first time in the media, the Office of the Chief Justice (OCJ) sought to clarify its “position” on the “handling of the alleged plot to assassinate Deputy Chief Justice Goliath.”
The OCJ also revealed that two months after the alleged plot, in which a high-ranking member of Cape Town’s DPCI (Hawks) had been implicated, was reported and investigated, the Western Cape SAPS had still not provided a report to the office.
The investigation into the alleged planned coup was conducted by the Judicial Inspection of Correctional Services (JICS) and a report was compiled that found sufficient evidence existed to warrant further investigation.
Inspection Judge Edwin Cameron later confirmed that he had sent “two high-ranking members like an arrow” from his executive to the prison to interview all the actors.
Cameron added that he trusted “his integrity, his good sense and his good judgment as well.”
The JICS report implicated the former police officer Example Myeza, who was arrested in connection with the murder of former ANCYL secretary general and later Umzimkhulu adviser, Sindiso Magaqa, in 2017. He also found that Myeza He seemed “untouchable” within the confines of the penitentiary and that even the officials seemed to give in to him.
In a statement issued on 11 of SeptemberHlophe’s legal representative, Barnabas Xulu, dismissed the JICS report, saying it was “flawed.”
Xulu also claimed that the JSC itself had sent two officials to the prison where the plans for the alleged plot were located. These JSC officials had returned, Xulu said, with the view that “they did not believe the complainant and that his statements should not be more entertaining ”.
However, in its statement, the OCJ denied that the JSC carried out any investigation into the plot or sent officials to interview the complainant. The OCJ explained how on June 4 the JSC Secretariat had received a call from a member of the Grahamstown Bar on an alleged plot to assassinate President Goliath’s Deputy Judge.
“This information was immediately transmitted to the OCJ’s Chief of Security. It is necessary to mention that the Secretariat did not send investigators at any time to investigate the alleged plot.
“This is because neither the Secretariat nor the JSC have the mandate to investigate such allegations.”
The responsibilities of the JSC Secretariat, said the OCJ, were limited to providing administrative support to the JSC.
Sunday night’s statement was issued, the OCJ said, specifically to address the role of the Office of the Chief Justice “in relation to its role in supporting the Judiciary with respect to its security.”
On the same date as the threat, the OCJ security chief had received telephone information from Goliath herself and from the JSC Secretariat about the alleged plot, the OCJ said.
“Based on this information, the Head of Security, per OCJ’s standard protocol, requested Western Cape SAPS to conduct a threat and risk assessment in order to provide security for the DJP, if necessary.
“As an interim measure, while awaiting the outcome of the threat and risk assessment, a contracted security service was provided to the DJP.”
The result of the threat assessment had been verbally communicated to the OCJ security chief and Goliath.
“To date, OCJ has not received any written reports from Western Cape SAPS.”
The security provided to members of the judiciary facing a threat was an administrative function of the OCJ “that did not require the participation of the President of the Supreme Court.”
“The President of the Supreme Court does not commission any investigation into threats to members of the Judiciary and this matter was no exception.
“It is the responsibility of the officials of the OCJ, under the leadership of the Secretary General, as Head of the OCJ as a National Department, request the SAPS to carry out evaluations of threats and risks for the Judiciary when necessary,” the statement read .
Xulu, in his statement, accused Mogoeng of being “influenced” by the JICS report when he (Mogoeng) ruled on July 3 that a complaint by Goliath against Hlophe should be heard by the Court of Judicial Conduct.
“We took note of an appeal against that ruling on August 3, 2020. In her ruling, Mogoeng CJ made reference to violence or abuse against women. However, this did not appear in the documents before him. “
Xulu said that on August 31 Hlophe had filed a complaint of “serious judicial misconduct” against Mogoeng “in relation to the biased manner in which he handled the Goliath DJP complaint against him and the fact that the Chief Justice had resolved a complaint that was potentially a witness to the accusations “.
Xulu denounced that Mogoeng, after “receiving” the report from JICS, had strengthened the security of Goliath. This and the fact that Hlophe later had to deal with an adverse ruling “requires a proper investigation into how these complaints have been resolved.”
Hlophe has requested a judicial commission of inquiry into the alleged murder plot. DM
