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President Cyril Ramaphosa has firmly stated that he will not engage in a "wrestling match with the judiciary," in response to retired Chief Justice Mogoeng Mogoeng's critical comments on his CR17 presidential campaign funding. Speaking from the sidelines of the COP28 conference in Dubai, United Arab Emirates, Ramaphosa maintained his stance of not publicly confronting judicial figures, whether active or retired.
His remarks came as a rebuttal to Mogoeng's assertion that political ascension should be scrutinized with regard to campaign financing. Mogoeng, who served his term until 2021, vocalized concerns about the potential conflicts arising from accepting private campaign donations, during an inaugural SAFM lecture. He emphasized the risk of leaders being compromised and the reciprocal expectation of influential returns in the form of tenders and favors from benefactors.
Mogoeng criticized the absence of transparency in political donations and its possible effects on undermining a nation's sovereignty, strategic objectives, and constitutional responsibilities. He called out the danger of unchecked or secretive funding, including those originating from foreign bodies, that can bind elected representatives and prevent them from serving their constituents impartially and equitably.
In turn, Ramaphosa highlighted that a court of law has already pronounced on the matter, which related to allegations of money laundering and failure to disclose donations. The original report by former Public Protector Busisiwe Mkhwebane, which raised suspicions of malfeasance regarding a R500,000 donation by Bosasa, was dismissed by the high court and the Constitutional Court, although Mogoeng expressed a dissenting view at the time.
The President's spokesperson Vincent Magwenya reiterated Ramaphosa's position, pointing out that the judiciary has addressed the issues Mogoeng raised. Similarly, Minister in the Presidency Khumbudzo Ntshavheni downplayed Mogoeng’s remarks, describing them as regrettable and likening them to an attempt to exert influence from beyond his tenure.
The scrutiny of Ramaphosa's CR17 campaign finances remains a contentious issue, striking at the heart of concerns about governance, transparency, and accountability within South African politics. It also highlights the delicate balance between the independence of the judiciary and the political sphere, where commentary from judicial members on political matters can stir significant controversy and debate.