Judge Piet Koen says he was devastated by Mogoeng’s attack - In an interview for a position on the SCA, the trial judge in the Zuma corruption case said the then chief justice’s criticism was unfounded
argued that the trial must be placed on hold
“It does not seem to me that this court has much of a discretion, if it has one at all, to deny those appeal rights statutorily ordained, unless in the clearest of cases where there is an abuse of rights,” he said in the ruling. Koen replied that the other two judgments were given in an acting capacity at the SCA, and he felt it was necessary to submit a recent high court ruling and “something that was topical”. But his answer suggested he was also addressing popular concern that a high court judge had readily ceded to so-called Stalingrad tactics.
He noted that the introduction of the Superior Courts Act of 2013 had consequences that may call for reform on section 18 of the act, which suspended the operation of a court ruling when leave to appeal was sought. The reply did not sit well with Economic Freedom Fighters leader Julius Malema, who said Koen’s answer showed that he was overly mindful of public opinion.
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