Mogoeng Mogoeng is a judge in the Constitutional Court of South Africa

Constitutional Court of South Africa

The Constitutional Court of South Africa was established in 1994 by South Africa's first democratic constitution: the Interim Constitution of 1993. In terms of the 1996 Constitution the Constitutional Court established in 1994 continues to hold office. The court began its first sessions in February...

. President Jacob Zuma

Jacob Zuma

Jacob Gedleyihlekisa Zuma is the President of South Africa, elected by parliament following his party's victory in the 2009 general election....

 announced Mogoeng as his preferred candidate to fill the vacant post of Chief Justice of South Africa

Chief Justice of South Africa

The Chief Justice of South Africa is the head of the judiciary of South Africa, who exercises final authority over the functioning and management of all the courts...

 and his appointment was confirmed on 8 September 2011.

Constitutional expert Pierre de Vos

Pierre De Vos

Pierre de Vos is a South African constitutional law scholar.- Background and career :Born in Messina, Transvaal , he was educated at the University of Stellenbosch, Columbia University and the University of Western Cape...

 has referred to Mogoeng as the most conservative member of the court, pointing to ambivalence over gay rights in Le Roux and Others v Dey and a "deferential" approach to the executive in The Citizen and Others v Robert McBride. Mogoeng's appointment led to the role of the Judicial Service Commission (JSC) in the process being called into question.

Mogoeng has ruled for reduced sentences in child rape trials, stating that the non-violent nature of the rape negates the seriousness of the offense:

"One can safely assume that [the accused] must have been mindful of [the victim's] tender age and was thus so careful as not to injure her private parts, except accidentally, when he penetrated her. That would explain why the child was neither sad nor crying when she returned from the shop, notwithstanding the rape. In addition to the tender approach that would explain the absence of serious injuries and the absence of serious bleeding, he bought her silence and cooperation with Simba chips and R30."

Mogoeng has been accused by the Nobel Women's Initiative of invoking dangerous myths about rape, and of blaming victims.

The 2005 case of State v Moipolai involved the rape of an 8 months pregnant woman by her long-term boyfriend and father of her two other children. Justice Mogoeng reduced a sentence of 10 years imprisonment to 5 years and he stated here that the rape was not as “serious” as it would have been had a stranger committed it.

The 2001 case of State v Mathebe saw Mogoeng reduce the sentence from two-years to a fine of R4000, for a man who tied his girlfriend to his car and dragged her 50m along a dirt road. Mogoeng said the man had been "provoked".