Photo: Twitter screenshot
Photo: Twitter screenshot
The Judiciary has made it clear that there is no funny business associated with Chief Justice Mogoeng Mogoeng’s decision to take an extended period of leave, with a statement released on Thursday 6 May aiming to dispel rumours that he is set to leave his position.
Judiciary clears the air
Spokesperson for the Judiciary, Nathi Mncube, said in the statement that the nature of Mogoeng’s leave period, which came into effect on May 1, is in line with the regulations permissible in terms of the Employment Act.
“Regulation 3 of the Judges’ Remuneration and Conditions of Employment Act, 2001 provides for Judges to take leave of three and half months for every period of four years’ actual service,” she said, adding that the leave period is lengthier than many may have expected but that this is perfectly appropriate given the work he has done since 2018.
“This leave is referred to as long leave within the Judiciary. The Chief Justice’s four-year cycle to take his long leave commenced on 01 July 2018 but he was unable to take it due to his judicial and extra judicial commitments,” she said.
Mogoeng Mogoeng temporarily replaced
Mogoeng had to take leave at this point, otherwise he would have forfeited the time off that he had accumulated, Mncube said.
“In terms of Regulation 8 of the Judges Remuneration and Conditions of Employment Act, Judges leave is not cumulative and therefore had the Chief Justice not taken his leave it would have been forfeited as it has happened on previous occasions.”
She said that Mogoeng had “accordingly informed the Minister [Ronald Lamola] and the President [Cyril Ramaphosa] about his intention to take his long leave and requested that Justice Khampepe be appointed as Acting Deputy Chief Justice which the President has duly done”.
