The General Council of the Bar of SA on Wednesday called on the justice
minister to put Mokotedi Mpshe's appointment as an acting judge on hold amid
concerns over the independence of the judiciary.
"The General Council of the Bar of SA ("GCB") has learnt with dismay and concern
that the Minister of Justice... has appointed Adv Mpshe, a State employee, to
act as a judge," said GCB chairman Patric Mtsaulana.
At a heads of court meeting in October 2008, the council expressed concerns
about the appointment of state employees such as members of staff of the State
Attorney's office, the Asset Forfeiture Unit and the National Prosecuting
Authority, as acting judges.
Mpshe was the acting National Director of Public Prosecutions while Vusi Pikoli
was suspended and later fired.
Mpshe was then appointed to act in the North West High Court, Mafikeng between
February 1 to July 31, 2010.
The council said the then chief justice had promised to place the matter on the
agenda of the meeting of the heads of court and the Judicial Service Commission
(JSC).
The council believed that the JSC had decided against state employees acting as
judges.
"In the light of the above the GCB calls on the minister to withdraw, or at
least suspend, the appointment of Adv Mpshe as an acting judge pending
verification by him of the above."
They had also not yet received a reply to a letter on the subject written to the
justice minister this year.
"The GCB believes very strongly that the employment of state employees as acting
judges undermines the independence of the judiciary."
Pikoli was eventually fired, and Mpshe was succeeded by Menzi Simelane.
Simelane's position is being challenged by the Democratic Alliance.
The man has done his deployed task and got the
commander in chief off the hook.
Now he is being amply rewarded with a position on the bench and a double salary
to boot.
That Minister of Justice and chief ANC chameleon Jeff Radebe is going out to bat
for this donkey proves it.
But this person is severely compromised.
Some years ago he was accused of a raft of instances of misconduct. He made a
plea arrangement with the GCB and was only convicted of one in exchange for
withdrawing the other charges.
Indeed the reason he got noticed by Mbeki and appointed to the NPA in the first
place was that his name came up as having been found to be a very naughty
advocate.
But he is seriously compromised in being a judge - whichever way it is looked
at.
Just another in the series of shockers that we are going to endure until the
commander's undercarriage gives way.