Govt should be based on the will of the people: Chief Justice Mogoeng

Chief Justice Mogoeng Mogoeng
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Chief Justice Mogoeng Mogoeng has reiterated his stance that the government of the day should be based on the will of the people. Mogoeng insists that private political party funding should be discouraged in a constitutional democracy in order to avoid the risk of state capture.

The Chief Justice has delivered the prestige lecture at the University of the Free State, titled “Transformative Constitutionalism.”

Mogoeng says political parties should be funded by the taxpayers.

This week, Parliament legal services briefed the Portfolio Committee on Justice on the Promotion of Access to Information Amendment Bill (PAIA). If the new bill becomes law, political parties will have to disclose their funders every quarter.

The Chief Justice Mogoeng questioned the role of those privately funded.

“If I’m a multi-millionaire and I give you R1 billion as party to run your campaign and you win; are you based on the will of the people as government or on Mogoeng’s will? And once you are there, do I even have to remind you? Mine is just to come and greet you.”

The Chief Justice has also emphasised the importance of having an independent judiciary and the National Prosecuting Authority (NPA).

“But if anybody wants to contribute, let them give money to treasury. The NPA must never know where the money comes from. They can even do it by paying more tax; volunteering to pay more tax.”

Mogoeng says transformation demands of the public to ensure that government is truly based on the will of the people.

Chief Justice Mogoeng has defended his views saying constitutional interpretation is closely linked with politics. He has urged members of the public to guard against abuse of power and capture.

The Chief Justice says an effective monitoring and evaluation system can help shape the country. Mogoeng has added that constitutionalism can be enhanced through ethical, courageous and visionary leadership.