The fallout was sparked by a controversial speech he gave at an Advocates for Transformation gathering last month.
Mogoeng said there was a need to resist all efforts geared at the protection [of] white male dominance in the legal profession and the judiciary.
The speech led to a public outcry even though Mogoeng's supporters claimed his only "scandal" was to tell the truth.
Director of the Institute for Accountability in Southern Africa, Paul Hoffman, lodged a complaint with the Judicial Service Commission (JSC) on Monday (5 August), calling for Mogoeng's impeachment and asking the JSC to deal with the matter urgently.
In the contentious speech, the chief justice called for opposition to an illegitimate neopolitical campaign to have certain people appointed as judges.
Hoffman was among those who labelled the chief justice's speech inappropriate, especially as it was made in his official capacity. Mogoeng's alleged verbal response to his criticism was: "You can continue to challenge me, but you will continue to be frustrated."
Hoffman claims the speech, together with Mogoent's response, amount to improper conduct in any judge, let alone a chief justice.
He says Mogoeng is guilty of contempt of court, attempting to defeat the ends of justice, bringing the judiciary into disrepute and breaching the Code of Judicial Conduct for Judges.
These, he claims, constitute gross misconduct or alternatively gross incompetence - both of which justify his removal from the his position as chief justice.
On Tuesday (6 August), JSC secretary Sello Chiloane said the complaint would be dealt with by the judicial conduct committee.
The constitution provides for a judge to be removed from office only in exceptional circumstances.
Mogoeng's spokesman, Lulama Luti, said the chief justice had received a copy of the complaint and was waiting for the JSC processes to unfold.
Source: Sowetan via I-Net Bridge
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