On 3 October 2019, Chief Justice Mogoeng Mogoeng presented the second Judiciary Annual Report on judicial functions and court performance for South African for 2018/19.
Mogoeng is the Head of the Judiciary and the Head of the Constitutional Court. His report was also released in a 55 page document.
Where “Judiciary Day” began
In 2018, the Heads of Court, led by the Chief Justice, presented
the first Judiciary Annual Report for the year ending 31 March 2018. The report
was meant to hold the courts accountable for its work to the nation.
The day the report was given was then known as “Judiciary
Day” and became an annual event. The report gave an overall outlook on how the
Superior Courts performed for the period April 2018 to March 2019.
What Mogoeng outlined in the SA Judiciary Report
While giving his report, the Chief Justice revealed that a
wellness programme had been developed to support magistrates and judges. The
aim of the programme was to help them cope with the trauma of dealing with
cases such as rape, murder, and criticism against the judiciary.
He also shared that the courts would be modernised to encourage improved performance. The latest technology like iPads and smartphones were mentioned.
Mogoeng mentions someone offered him money
The Chief Justice also revealed: “We’ve made a lot of
progress in the limited period we have had to bring about change.” He mentioned
that someone had offered to pay him R600 million to assist in modernising the
“I may have mentioned it to some that I was approached by somebody, offering R600 million so that we can modernise, but I know that person, I know that institution, I rejected it with the necessary contempt because that’s how capture happens.”
Chief Justice Mogoeng Mogoeng
The Chief Justice added:
“We don’t want to be funded in the middle of the night however people may posture as benevolent givers of assistance.”
Chief Justice Mogoeng Mogoeng
However, he didn’t mention who that specific person or institution was that offered him the money. He did admit that the Judiciary hadsuffered from a lack of funding.
The role of prosecutors and the state of the judiciary
The Chief Justice also insisted that the responsibility of
prosecutors was to present cases and support an acquittal. He noted that the interests
of justice were meant to be served by prosecutors, “not to pursue a conviction
at all costs.”
The Zondo commission, xenophobia, GBV, and “spanking”
After his address, Mogoeng also conducted a question and
answer session. Speaking about the Zondo commission, the Chief Justice stated
that he perceived some people in society were against it.
He insisted that there was no damage intended by the commission
and that there appeared to be a well orchestrated plan to undermine it.
Addressing the recent Xenophobia attacks in South Africa he
“I don’t know how you differentiate a person from DRC, Congo a person from Limpopo ,Mpumalanga, Kwa-Zulu Natal, I don’t know.”
Chief Justice Mogoeng Mogoeng
Addressing the spate of Gender-Based Violence (GBV) that hit
the country, Mogoeng said: “We need to deal with the root causes of GBV.” He
also tackled the new “spanking” ruling.
The Chief Justice defended the Constitutional Court’s ruling
on spanking. A few weeks ago, the court mandated that moderate chastisement was
He also called on the public to report expose corruption in
The former boss of the Crime Intelligence unit Richard Mdluli has finally been found guilty for crimes he committed in 1999. The former top cop has been convicted for a string of offences after Judge Ratha Mokgoatlheng came up with a verdict four years after the review was launched:
What Richard Mdluli has been charged with
Mdluli will now be sentenced on Wednesday, and given the extensive charges on his rap sheet, jail time is possible. His accomplice, Mthembeni Mthunzi, is also in for some hefty punishment. After a decision two decades in the making was handed down, here’s what the courts have concluded.
- Four counts of intimidation
- Two counts of common assault
- Two counts of GBH
- Two counts of kidnapping
The crimes of Richard Mdluli
Infamously, Richard Mdluli was suspended following charges for the 1999 murder of Oupa Abel Ramogibe – Mdluli’s ex-girlfriend’s husband. He was arrested on March 31 2011, and officially suspended on May 8 of that year. The former CI chief continued to receive his wage right up until January 2018.
Ramogibe allegedly had an affair with Mdluli’s former lover, Tshidi Buthelezi. They married in-private back in July 1998, only for Ramogibe to allegedly receive death threats after tying the knot. The court heard was told to leave her or he would be killed.
However, the one-time head honcho of the Crime Intelligence unit was found not guilty when it came to the murder charges, which were presented in the Gauteng High Court in Johannesburg.
A seven-year salary, without doing anything
It’s understood that, during his seven-year suspension, the former crimefighter acquired about R10 million without lifting a finger – another expense that was slammed on the taxpayer’s tab.
Both Nomcobo Jiba and Lawrence Mrwebi have been accused of dropping the ball on this particular case, but it seems their indiscretions haven’t been enough to get them permanently ejected from the world of advocacy. They were kicked from the NPA by Cyril Ramaphosa but survived an application to get them banned from practising law.
Former crime intelligence boss Richard Mdluli found guilty of 4 counts of intimidation and 2 counts of kidnapping at High Court in Johannesburg. Mdluli together with his co-accused also found guilty of 2 counts of common assault and 2 counts of assault with intent to cause GBH
— SAfm news (@SAfmnews) July 30, 2019
Rob Packham’s bid to gain leave to appeal his murder conviction was denied at the high court in Cape Town.
Rob Packham leave to appeal rejected
Packham’s representatives approached the court trying to gain a chance to appeal his conviction based off of the fact that they felt there was not enough evidence to convict their client of murder, especially with the way in which Packham was identified by witnesses.
They argued a live line-up should have been done for witnesses at the earliest opportunity, that it should have been done before Packham’s arrest instead of after, extensive media coverage may have affected witnesses, and the fact that witnesses should not have been transported to the court together.
Keanan Thomas, for example, said in his original witness statement that he saw a coloured man in his 30s, which obviously does not describe the middle-aged caucasian Rob Packham in the slightest.
Courts not swayed
However, the Cape Town High Court was not convinced. The court stated it believed there was no real chance an appeal would succeed and were unimpressed the bid was made by Packham’s representatives without the addition of any new evidence or information.
“There are no reasonable prospects of the proposed appeal against the conviction of the accused succeeding, neither is there any other compelling reason why the appeal should be heard,” Judge Elize Steyn said in her written judgment.
“The application for leave to appeal against the conviction of the accused is accordingly refused.”
Conviction for murder of his wife
In June 2019, Packham was sentenced to 22 years behind bars for the murdering his wife Gill back in 2018.
Rob was reportedly having an affair, which put a big strain on their marriage. Gill was reported missing towards the end of February 2018 after failing to turn up for work. Her burnt-out car was eventually found in Diep River with her dead body in the boot.
Packham claimed she was the victim of a hijacking incident, but Judge Steyn did not buy his version of events and found him guilty of murder and was perturbed by his apparent lack of sadness or remorse.
Despite calls from Packham’s children for leniency, Judge Steyn gave him more than the minimum 15 years by handing him a 20-year sentence for murder and adding another four for defeating the ends of justice, two of which were suspended.