Yengeni’s gripe with Zondo is groundless, says law professor

A CONSTITUTIONAL law expert says that Tony Yengeni’s complaint against Chief Justice Raymond Zondo to the Judicial Service Commission (JSC) is groundless and has little prospects of success.

ANC heavyweight Yengeni lodged the complaint with the JSC last week, two weeks after the release of the fourth instalment of the state capture commission’s report which focused on Eskom and the other SOES.

He took offence at Justice Zondo’s remarks in the report that read: “Had it not been for the fact that at the end of 2017 the ANC would have an elective conference where Mr (Cyril) Ramaphosa, who was already Deputy President of the ANC and the country, would stand as a candidate to take over from Mr (Jacob) Zuma, more damage could have been done to the National Treasury under Mr (Malusi) Gigaba.”

Yengeni said the remarks amounted to political meddling and that Justice Zondo’s conclusion was troubling in many respects.

Professor Koos Malan, from the University of Pretoria’s Department of Public Law, said that even though Justice Zondo's assertions regarding Zuma and Gigaba may be challenged, there were sound factual grounds for the commission having made the statement.

“The statement, moreover, is of particular relevance to the subject matter of the commission’s inquiry and is premised on evidence presented before the commission.

“The nature of the inquiry and the content of the evidence necessitated statements of the kind that Yengeni complained about. Legally, Yengeni’s complaint is patently groundless and it has no success prospects,” Malan said.

Yengeni this week said he believed that Justice Zondo was deeply immersed in ANC factional battles and biased towards Ramaphosa.

Yengeni declined requests for an interview to discuss his stance, saying: “My complaint is being processed by the JSC and I have nothing more to add or say.”

JSC secretary Yvonne van Niekerk acknowledged that the complaint lodged by Yengeni had been received.

“All complaints submitted in terms of the Judicial Service Commission Act must be processed and considered in terms of the act. Any complaint, irrespective of the subject of the complaint, must be dealt with in accordance with Section 15 or 16 or 17 of the act,” Van Niekerk said.

“The secretariat is still processing the complaint and it will be placed before the relevant chairperson to consider in terms of the act. The private office (of the chief justice) may be aware of the complaint but the complaint has not been sent to the chief justice.”

EFF leader Julius Malema this week backed Yengeni’s complaint and urged the JSC’S Conduct Committee to ensure that Zondo was disciplined “in the same way they did with chief justice Mogoeng Mogoeng when he descended into the terrain of politics”.

Malema slammed Justice Zondo, saying that judges were respected for their judgments and not their political views and activities, while referring to the justice as a factionalist who supported Ramaphosa’s second term.

“That’s why he saw it necessary for him to say that Ramaphosa’s election in the ANC rescued us from where we were, because he’s effectively saying if you don’t elect Ramaphosa in December we are going to be in trouble.

“Tony Yengeni must be commended for being brave and taking such a bold step against a celebrity wannabe chief justice,” Malema said.

Spokesperson for the Office of the Chief Justice, Nathi Mncube’s phone rang unanswered and he did not respond to questions sent via text by the time of going to print.