ANC national executive committee (NEC) member Tony Yengeni read chief justice Raymond Zondo's comments in the state capture inquiry report “out of essential context”.
Judges Matter research and advocacy officer Mbekezeli Benjamin was reacting to a complaint lodged by Yengeni in which he accused Zondo of breaching the judicial code of conduct.
This related to comments Zondo made in volume 4 of his state capture report that had President Cyril Ramaphosa not been elected as president of the ANC in 2017, more damage could have been done at National Treasury.
Benjamin said Zondo, as chairperson of the commission, was not discharging his official judicial role as a judge or chief justice.
“In that respect, the JSC (Judicial Service Commission) would not investigate this complaint as one with merit,” he said.
“The crux of Yengeni’s complaint [to the JSC] is that Zondo improperly drew himself into political controversy [in terms of Article 12 of the Judicial Code of Conduct] through findings/conclusions made in his state capture report.
“But Yengeni seems to read Zondo’s finding out of the essential context in which they are made. As chair of a presidential commission of inquiry, Zondo is in fact assisting the president carry out his policy function as head of state.”
Benjamin said the situation might be different if there was a judicial review that found Zondo reached improper conclusions.
JSC spokesperson Yvonne van Niekerk said all complaints submitted in terms of the JSC Act must be processed and considered in terms of the act.
“The complaint by Mr Yengeni was received by the JSC secretariat on Friday. Any complaint, irrespective of the subject of the complaint, must be dealt with in accordance with section 15 or 16 or 17 of the [JSC] Act,” Van Niekerk said.
In his complaint, Yengeni accused Zondo of openly backing Ramaphosa ahead of the ANC's elective conference in December where Ramaphosa will seek re-election.
“When a chief justice, no less, says a candidate for the presidency of the ruling party saved the country from ‘more damage’, that political comment carries significant political weight with voting delegates and potential political donors. This is what has moved me to lodge this complaint,” he said.
Yengeni's sentiments were supported by EFF leader Julius Malema on Monday, with the latter accusing Zondo of being “too forward” and thinking he was “untouchable”.
“We think chief justice Raymond Zondo is too forward and has no limit. We think he thinks judges are untouchable. That’s why he’s given himself a responsibility to enter the political terrain.
“Zondo is a factionalist that supports Ramaphosa’s second term. That’s why he put Ramaphosa’s election in the ANC [as having] rescued us from where we were. He’s effectively saying if they don’t elect Ramaphosa in this December, we’re going to be in trouble.
“The conduct committee of the JSC must make sure he is disciplined the same way they did to Mogoeng Mogoeng,” he said.
Zondo wrote: “Had it not been for the fact that at the end of 2017 the ANC would have an elective conference where Mr Ramaphosa – who was already deputy president of the ANC and the country – would stand as a candidate to take over from Mr [Jacob] Zuma, more damage could have been done to the National Treasury under Mr [Malusi] Gigaba than may have been done.
“In December 2017 Mr Ramaphosa was elected as the president of the ANC and in February 2018 president Zuma reluctantly resigned as president of the country and Mr Ramaphosa was elected as the president of the country. Mr Gigaba was dropped from cabinet and President Ramaphosa returned Mr Nhlanhla Nene to the position of minister of finance.”
Zondo wrote he “shuddered” to think what would have happened to National Treasury had former president Zuma not been forced to remove ally Des van Rooyen as finance minister, replacing him with Pravin Gordhan.
He described the move as a “miracle”.
Zondo further wrote: “It is clear that from quite early in his first term president Zuma would do anything that the Guptas wanted him to do for them.”
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