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Mojapelo said: “Judges must stay out of politics and are only allowed to rule on the legal and constitutional limits that can be applied to those policies.
“When they are asked to speak, they do so on the basis of the constitution and the law, and not on the basis of any preconceived notion, not even religion, however committed it may be to those notions. That is what the constitution and its oaths or affirmations oblige them to ”.
Mogoeng was ordered to “retract without reservation” from his later statement: “Even if 50 million people marched every day for 10 years for me to do so, I would not apologize. If I perish, I perish. ”
He was instructed to do so within 10 days. On the day of that deadline, March 14, the JCC secretariat said in a statement that the president of the Supreme Court had “expressed his intention” to appeal.
The Daily Maverick reported that Mogoeng, in a sermon on the same day, redoubled his refusal to retract his apology and gave some clues as to his grounds for appeal. It reported that Mogoeng had said that the JCC finding had been based on “undermining the official South African government policy towards Israel”, but that no such policy existed.
He quoted Mogoeng as saying: “When a policy is made, it can only be done in terms of 85 (2) b of the constitution, along with section 101, subsections one and two of the constitution. There must be a document signed by the president and the minister responsible for that portfolio … There is no SA policy towards Israel that contradicts everything I have said. “
The deadline for Mogoeng’s appeal was Sunday, and his 39-page affidavit was filed on Saturday, but signed and dated Friday.
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