Mogoeng's silence is worrying

In exactly seven days chief justice Mogoeng Mogoeng’s term in office comes to an end. 

President Cyril Ramaphosa has invited South Africans to nominate candidates for the next chief justice, a welcome move to promote transparency and public participation. 

A panel set up to compile a shortlist of candidates for the position of chief justice has begun its work. 

Mogoeng has led the apex court during what was arguably its most tumultuous period, with the court often thrust into the centre of our precarious politics, testing the very limits of our constitution.

His supporters will argue, rightfully so, that Mogoeng and his colleagues on the bench were often our last line of defence against the impunity of the state and politicians. 

Their groundbreaking judgments held power to account and reinforced constitutional principles of transparency and the rule of law. 

Mogoeng’s legacy in this regard must be commended.

Not withstanding this, the chief justice, a devout Christian, had also increasingly become a controversial figure whose faith-based utterances overstepped the parameters guiding his conduct as a judge. 

In April he appealed against the Judicial Conduct Committee’s finding of misconduct and ordered him to apologise after inappropriately expressing pro-Israel views during a webinar last year. 

When called out, he remained defiant, pledging his commitment to his beliefs and freedom of speech over what he perceived as an infringement on his rights. 

In May, Mogoeng took long leave. 

At the time, his office said: “The chief justice’s four-year cycle to take his long leave commenced on July 1 2018 but he was unable to take it due to his judicial and extrajudicial commitments.” 

However, the decision to go on leave ahead of crucial judgments such as the subsequent jailing of former president Jacob Zuma sparked unfortunate speculation about his departure. 

Many questioned whether there was a more sinister reason for leaving the court aside from that given by his office.

Others jumped at the opportunity to shape a baseless narrative that Mogoeng’s departure suggested that the judiciary was compromised.

There is of course no evidence to support any of this.

However, it is deeply concerning that in the final stretch of his term the country’s most powerful judge has summarily left office and remains quiet even when his name is used to unfairly cast aspersions on our judiciary.