Mogoeng Mogoeng recently made headlines when the All African Alliance Movement announced him as their presidential candidate. Questions have been raised around whether former Chief Justice is allowed to join the 2024 Presidential race given his previous work.
Research and Advocate Officer with Judges Matters, Mbekezeli Benjamin, spoke to the Newzroom Afrika news anchor to explain more in the question that has been around about Mogoeng Mogoeng being possibly elected as the next president of the Republic of South Africa if voted come 2024.
Mbekezeli said; "The code of conduct is very explicit, it says retired judges may not enter party politics that means that as a retired judge you can not represent a political party in the public office, you cannot even participate in the activities of the political party including running for office or any other leadership role in that political party."
The purpose for this is to protect judiciary independence and the integrity of the judiciary. Judges that are still hearing cases in court are also not allowed to be members of political parties. They may also not participate in the activities of political parties.
But again there is also an issue of independent candidate that may run up for presidency without having to affiliate themselves with any political party.
Mbekezeli Benjamin continued and clearfield on that and said that the code itself is very clear when it says that a judge may only hold judiciary office and cannot hold any other office.
In South Africa if you are a judge you can't be a Minister in the government, you cannot even run a business on the side because that would be regarded as office of profit.
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