Pierre de Vos said Mogoeng was clearly the most conservative member of the Constitutional Court. He pointed to Mogoeng's ambivalence over gay rights – in Le Roux v Dey Mogoeng dissented, without giving reasons, from paragraphs which said it was not defamatory to call someone gay – and to his dissenting judgment in The Citizen v Robert McBride, which would severely restrict freedom of expression. Interview and appointment Moseneke, as the country's Acting Chief Justice pending a permanent appointment, chaired the Judicial Service Commission (JSC) when it interviewed Mogoeng to determine his suitability. Mogoeng seemed prickly throughout, having to apologize to Moseneke for lashing out at one of his questions. In response, one commissioner told Mogoeng he seemed "arrogant" and unsuited to the position. Commentators said that Mogoeng's conduct at the interview heightened concerns about his judicial temperament. Mogoeng's own view was that he had been "rock solid" at his interview. Mogoeng's appointment was recommended by the JSC and confirmed by President Zuma on 8 September 2011. The JSC's decision to appoint Mogoeng, despite his many critics, coupled with the partisan conduct of the JSC's political appointees during his interview, suggested to some that the JSC had been captured by political interests. Record as Chief Justice Separation of powers Criticism of Mogoeng's suitability, and of his close ties with the Zuma administration, continued well after his appointment. But he has been defended by highly respected colleagues, like Kate O'Regan and Edwin Cameron, who described him as a man "of serious purpose, deeply committed to the Constitution", and is now widely thought to have dispelled suspicions that he would be an executive-minded Chief Justice.In his public addresses he has been "outspoken" and "forthright". He has regularly championed judicial independence and deplored interference by the executive. He has also publicly criticised Minister of Justice Michael Masutha for failing to ensure that the judiciary is autonomous and adequately funded. In June 2015, it emerged that Mogoeng had been the target of two smear campaigns – apparently showing that Mogoeng had, through his outspokenness, "made enemies" in the establishment. The following month, Mogoeng called a meeting of senior judges who released an exceptional press statement "reject[ing]" criticisms of the judiciary made by Gwede Mantashe and Blade Nzimande in the wake of the ANC government's allowing Omar al-Bashir to leave South Africa in contravention of a court order. Mogoeng also requested a meeting with President