Legal Expert Says Former Chief Justice Mogoeng Mogoeng Cannot Run for Presidency in 2024
- The former Chief Justice Mogoeng Mogoeng's decision to potentially run for office has been analysed by experts
- One legal expert says the law does not allow Mogoeng or any retired judge to participate in politics
- Mogoeng has garnered a lot of support from some South Africans who say they will vote for any party he leads
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JOHANNESBURG - Some political analysts have weighed in on former Chief Justice Mogoeng Mogoeng's decision to lead a political organisation and bid for the presidency in 2024.
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Mogoeng was approached by a group of religious groupings called the All African Alliance Movement and analysts say this is a significant move.
Speaking on eNCA, Advocate Greta Engelbrecht stated that the Chief Justice might not be able to run for office because of the role he played in his previous position. Engelbrecht says Mogoeng is restricted by two pieces of legislation, namely, the Judges Remuneration and Conditions of Employment Act and the Judicial Services Commission Act.
Engelbrecht explains that when judges retire, still continue to get a salary and may be called back to service at any time, which means that they are still subject to the same rules and regulations that they were subject to while in office.
The Code of Conduct also stipulates that judges may not accept any appointment that could affect the independence of the judiciary or could undermine the separation of powers.
Engelbrecht also added that article 17 of the Code of Conduct expressly states that a retired judge may not enter party politics. She further explained that the Minister of Justice, with the current Chief Justice, can decide to allow a retired judge to take office. However, Engebrecht stated that it would be highly unlike for that decision to be taken.
According to SABC News, the Independent Electoral Commission (IEC) recently confirmed that the All African Alliance Movement is not registered as a political party and has not submitted an application yet.
Here's what South Africans had to say:
Leeson Govender said:
"I will support this man. I wanted him to come into politics a long time ago. He is the right leader to lead this country forward."
Sili Kay said:
"I will vote for any party that Mogoeng leads."
erij3 said:
"Mogoeng Mogoeng is indeed needed in our politics. This is a difficult time for leadership. Good luck."
Knoxman said:
"Never bothered to vote before. But Mogoeng sure has my vote "
Karl drogo said:
"I don't think an entire former Chief Justice wouldn't know the law that governs his profession. This is how the media campaign against the former Chief Justice has begun. A retired Judge is not a threat to the judiciary as much as a retired police officer is not barred from taking on private security work, an ex-soldier being a mercenary or an ex-nurse going private...we see the campaign "
Former Chief Justice Mogoeng Mogoeng may run for presidency in 2024
Briefly News previously reported that former Chief Justice Mogoeng Mogoeng seemingly plans to run in the 2024 presidential election. However, his potential run has already faced harsh criticisms and left South Africans divided.
While some believe that the former chief justice is the right man for the presidential office, others are convinced that the younger generation should be given the opportunity to rule the country. According to TimesLIVE, Moegeng once said that if God chooses him to lead the nation, he will do so.
The All African Alliance Movement’s Secretary-General Bishop Mishark Tebe reaffirmed rumours of his potential run and said citizens want a movement that they are proud of and a leader of high calibre.
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Source: Briefly News
