HAS MOGOENG THE GUTS NOT TO BE A PUPPET?

New South African Chief Justice Mogoeng Mogoeng assumed office on Tuesday when the National Assembly bade farewell to former Constitutional Court chief justice Sandile Ncgobo.

The role of the judiciary came under the spotlight when that master of insinuation, Jacob Zuma, set the ball rolling with a speech that was hardly surprising but ominous in its effect.

Zuma said 'There is a need to distinguish the areas of responsibility between the judiciary and the elected branches of the state, especially with regards to policy formulation. The executive must be allowed to conduct its administration and policy-making work as freely as it possibly can. The powers conferred on the courts cannot be disregarded as superior to the powers resulting from a mandate given by the people in a popular vote.'

If a genie were to offer Jacob Zuma and the ANC a single wish, they would unhesitatingly ask to be rid of the constitution of South Africa - not because it encumbers their 'policy formulation' but because it places obstacles and scrutiny in their endless and irredeemable path of cronyism and corruption. To them the rule of law is anathema. Without it, they could achieve so much - for all senior party cadres. The poor are factory fodder, inculcated with party political rhetoric and promise of a new tomorrow that never sees the light of day.

After Zuma had finished his speech, Osiame Molefe, who witnessed the event, wrote in the Daily Maverick: 'The image that followed - of Justice Mogoeng sitting with President Zuma and sharing laughs as justice minister Jeff Radebe ever so tenderly lavished adoration on Mogoeng is, in isolation, not concerning. But given the ruminations from the ANC on curbing the authority of the judiciary, it ought to give pause.'

And indeed it should. Mogoeng's appointment to the top judicial post was controversial, to say the least. Whether or not he is an established Zuma crony is a moot point. If he is, our constitution will not be well represented. But if he has a streak of independence, and wants to serve his office with probity, the pressing question remains whether or not he will have the guts, in times of constitutional crisis, to stand up to those who anointed him. Only time will tell, but initial signs are not promising.