The ANC has expressed concern following sentiments attributed to Chief Justice Mogoeng Mogoeng expressing his apparent support for Israel during a webinar hosted by The Jerusalem Post.
In a statement issued on Thursday, ANC national spokesperson Pule Mabe said Mogoeng had entered the arena of political commentary which might make him vulnerable should he adjudicate a human rights matter in the future.
"The Chief Justice is indeed a citizen, but he is the primary protector of the Constitution of SA and if the government was in violation of the Bill of Rights he and the Bench must defend the Constitution above all else and any other consideration, for this reason, his disagreement with the policy of the government is of grave concern where the main argument of the policy on Palestine is premised on human rights.
It said it was in the process of consulting with its legal advisors following the Chief Justice’s criticism of South Africa's foreign policy and the country's support for freedom and justice of the Palestinian people.
"The Chief Justice having participated in such an overtly political event hosted by the Jerusalem Post and the Chief Rabbi, when this matter is in front of his court, is considered improper at worst or highly questionable in the very least," it said.
