Date Published: 09/08/11
Chief Justice Nominee has 'Appalling' Record on Gender Violence and Rape
Sep. 6 (GIN) - The proposed appointment of Judge Mogoeng Mogoeng to chief
justice has raised a loud outcry among women's groups, labor and other
rights groups who cite his "appalling" record on gender violence, marital
rape and homosexuality, according to local media accounts.
The Southern African Litigation Centre, in a new report, raises serious
doubts about Judge Mogoeng's rulings, such as reducing a sentence for
child rape, saying in one case that it was not clear if the 7 year old
girl was penetrated by a sexual organ or a finger and that her injury was"not serious."
A rape conviction of a 14 year old girl was reduced because "the accused
was mindful of the victim's tender age and was careful not to injure her
private parts except accidentally."
The SALC wrote: "It is hard to see how an injury to a seven-year-old which
results from sexual abuse . can ever be classified as 'not serious'."Comments like this have no place in cases of child rape."
In another case, the judge suspended the sentence of a man who tied his
girlfriend to his car's bumper and drove her at high speed over a gravel
road. Despite abrasions on her stomach, thigh and knees, the boyfriend
failed to take her for immediate medical treatment. Judge Mogoeng called
the proposed sentence of two years "excessive" because, "by pleading
guilty, the accused - a first time offender - was showing remorse."
Further "he was provoked by the complainant. The sentence is too high by
any standard."
A submission against the appointment by the Sonke Gender Justice Network
and other gender rights groups pleaded: "Judge Mogoeng's are not befitting
a judicial officer, let alone one who occupies a seat on the
Constitutional Court. . It is our view that he is not suitable for the
position of Chief Justice of South Africa."
But in a vote by the Judicial Services Commission, Judge Mogoeng's
appointment was approved by a vote of 16-7. President Zuma is reportedly
reconsidering his chosen candidate due to widespread opposition. w/pix of
Judge Mogoeng |
