Deputy Chief Justice Dikgang Moseneke said he was aware of criticism levelled at him by the ANC and its Youth League on Tuesday and would make his reaction known in a full statement soon.

"I have no comment at this stage. I will make a full statement in due course," Moseneke told Sapa. He would also comment on whether he felt his remarks were reported accurately, he said, in response to a question.

The ANC released a statement on Tuesday reporting that its National Working Committee felt that comments Moseneke made at his 60th birthday party showed disdain for delegates to the ANC National Conference (in December 2007).

The statement said that the comments highlighted the difficulty the judiciary "appears to have in shedding its historical leanings and political orientation".

An ANC spokesman earlier told Sapa the comments referred to were published in the Sunday Times' coverage of Moseneke's 60th birthday celebrations.

In this report, Moseneke said: "I chose this job very carefully. I have another 10 to 12 years on the bench and I want to use my energy to help create an equal society. It's not what the ANC wants or what the delegates want; it is about what is good for our people."

ANC spokesman Tiyani Rikhotso could not immediately elaborate on the NWC's stance.

The Youth League has called on Moseneke to apologise for the remarks. "During the solemn occasion of his 60th birthday, the Deputy Chief Justice discussed the ANC in the company of his friends including the former Head [of the National Prosecuting Authority] Bulelani Ngcuka, who led a crusade of suicide bombers against Comrade Jacob Zuma. "Some of the issues which are [the] subject of appeal before the Constitutional Court arise from the actions of Bulelani Ngcuka."

Ngcuka, who used to head the NPA, controversially stated that while there was a prima facie case against then deputy president Jacob Zuma, it was not winnable.

"This confirms our long held view that Cde Jacob Zuma can and will never get a fair trial, worst when a judge of the High Court in the Land discusses such matters in a party."

The Youth League wrote that: "Judges must be above reproach and must refuse manipulation even if it's a perception. Our judiciary faces a credibility crisis and we need to restore the confidence of the public in the justice system.

"The comments that the Deputy Chief Justice made have put the name of the judiciary into disrepute, and once more have raised questions about the independence and objectivity of the judiciary."

Moseneke is expected to be part of the bench that will consider the pending Constitutional Court application by Zuma, the party's newly elected president, to have aspects of the search and seizure process against him challenged.

In December Zuma was also charged on 16 counts, including
racketeering, corruption and fraud, a move his supporters view as part of a conspiracy against him.

The earlier ANC statement also said the sudden withdrawal of charges against Scorpions Gauteng head Gerrie Nel raised a number of questions.

"The manner in which this case has been handled suggests that South Africa has a long way to go to achieve equality before the law. "It strengthens suspicions that those who occupied positions in agencies of the former apartheid government can act with impunity while the offensive against cadres of the democratic movement is intensified.
This brings into sharp relief the transformation of state agencies."

Nel was arrested last Tuesday for allegedly defeating the ends of justice, and the charges against him were withdrawn on Monday. Nel is leading the investigation against National Police Commissioner Jackie Selebi.

According to the Mail & Guardian's "A-Z" of South African politics, Moseneke has "experience on both sides of the courtroom". He was the first black member of the Pretoria Bar and spent 10 years in jail for sabotage on behalf of the Pan Africanist Congress.

According to the "Who's Who of Southern Africa" his career includes being defence counsel in numerous human rights and political trials, co-counsel in the Winnie Mandela trial, a founder member of the Black Lawyers Association, and a national treasurer of the National Association of Democratic Lawyers.

The Democratic Alliance said in response, "...It is now beyond all doubt that the ruling party is putting the ANC's interests before the Constitution and the people of South Africa.

The DA said that since Zuma assumed the leadership of the ANC, "the party has shown that it has no demonstrable commitment to the principles enshrined in our Constitution, including the independence of the judiciary".