Former chief justice Mogoeng Mogoeng says he refused to be captured during his tenure as head of the Constitutional Court and that the next chief justice needs to be as bold.
Speaking on eNCA's Power to Truth with JJ Tabane on Monday night, Mogoeng - whose 10-year-term ceased in October 2021 - recalled how he was offered R600 million for the "modernisation“ of South Africa’s courts.
"My conscience said no," Mogoeng explained, adding that he had quickly picked up that something was amiss during his conversation with the individual in question.
The project to renovate the country's courts would have necessitated that Mogoeng approves the modernisation programme in order to ensure that courts have proper systems including the latest technology.
Although in 2019 he had spoken and declared the attempt to buy him off, Mogoeng on Thursday still would not divulge the name of the individual.
His interview with Tabane also comes at a time when President Cyril Ramaphosa is yet to announce the new Chief Justice following the recent interviews of four candidates by the Judicial Service Commission (JSC).
And while the JSC has recommended Judge President of the Supreme Court of Appeals Mandisa Maya as the next chief justice, there has also been a steadfast debate and mixed reactions over the manner in which the interviews were conducted this time around.
Mogoeng in 2019 said those in the judiciary "owed it to the country and generations to come" to ensure that the country does not have a compromised judiciary, adding it was imperative for the public to know how candidates are elected to office and observe carefully how people are interviewed.
"There are times you can tell that certain people are shielded from being asked critical questions," he said at the time.
Asked by Tabane what his views were about the manner in which the interviews were conducted two weeks ago Mogoeng replied: "I've had my say, I'm not going to comment on the process at all. I've said what I've said and that's it. I'm not going to try and act like someone who is trying to rule from the grave. I've done my bit. That's it."
On those who hold high office, Mogoeng highlighted that they had to have absolute integrity.
"Any human being and any professional is capable of being captured. Haven't you heard of attorneys or advocates being struck off the roll as a result of dishonesty?
“What do you think is going to happen if that lover of money, that lover of fame, of power... somehow finds his or her way in the judiciary and an impressive offer is being made."
"At the end of the day, we are all human. It's all a question of whether you are a person of integrity or not. Becoming appointed as a judge does not automatically render you insulated from the influences out there," he said.
He further added: “Are there principles that you hold so dear that you would rather be mocked, rather be lied about, killed than compromise? That is the bottom line. That is what is going to determine whether you are a potential candidate for capture or not."
On his future plans and when asked if he would run for the presidency, Mogoeng said: "I will do whatever the Lord wants me to do."
noni.mokati@inl.co.za
Political Bureau