Langa's 'Enormous Contribution' Remembered

Total Page:16

File Type:pdf, Size:1020Kb

Langa's 'Enormous Contribution' Remembered Legalbrief | your legal news hub Friday 01 October 2021 Langa's 'enormous contribution' remembered The death last week of former Chief Justice Pius Langa (74) at the Milpark Hospital, Johannesburg, after being there for about a month due to a long illness, has brought a flood of tributes in recognition of the work of South Africa's first black Chief Justice, notes Legalbrief. Among the first to pay tribute to Langa was Chief Justice Mogoeng Mogoeng who said he served the nation with great distinction, not only as senior counsel, president of the National Association of Democratic Lawyers (Nadel) and Justice of the Constitutional Court, but also in his capacity as Deputy Chief Justice and later as Chief Justice. He said: 'Former Chief Justice Langa's enormous contribution to the development of our jurisprudence is known and appreciated worldwide. One of his most valuable contributions was to help develop a Judiciary-led court administration model which would strengthen the institutional independence of the judiciary in this country.' Mogoeng also notes that together with some of the world's leading jurists Langa developed the Bangalore Principles on Judicial ethics which are now embraced by almost all the world's judiciaries. Mogoeng said 'he will be missed for his wisdom, humility and passion for judicial independence and our constitutional democracy'. Full statement Tributes continued to be paid to Langa in the weekend newspapers. Deputy Chief Justice Dikgang Moseneke, in an article in The Sunday Independent, notes 'his judicial credo taught that every public functionary exercises public power on behalf of the people. They are agents and servants of the broader populace. The government, like each citizen, must obey and rule within the constraints of the law. After all, the government is a potent and visible teacher of its people'. He adds: 'He was true to his oath of office. He acted without fear, favour or prejudice. He kept the highest standards and traditions of judicial excellence. We thank him dearly for this.' And in an article in the Sunday Times, his former colleague Albie Sachs discusses the early years on the Constitutional Court and says Langa was blessed with 'an impeccable sense of fairness'. He was 'justice personified'. Full article in The Sunday Independent (subscription needed) Full Sunday Times article (subscription needed).
Recommended publications
  • Constitutional Authority and Its Limitations: the Politics of Sexuality in South Africa
    South Africa Constitutional Authority and its Limitations: The Politics of Sexuality in South Africa Belinda Beresford Helen Schneider Robert Sember Vagner Almeida “While the newly enfranchised have much to gain by supporting their government, they also have much to lose.” Adebe Zegeye (2001) A history of the future: Constitutional rights South Africa’s Constitutional Court is housed in an architecturally innovative complex on Constitution Hill, a 100-acre site in central Johannesburg. The site is adjacent to Hillbrow, a neighborhood of high-rise apartment buildings into which are crowded thousands of mi- grants from across the country and the continent. This is one of the country’s most densely populated, cosmopolitan and severely blighted urban areas. From its position atop Constitu- tion Hill, the Court offers views of Hillbrow’s high-rises and the distant northern suburbs where the established white elite and increasing numbers of newly affluent non-white South Africans live. Thus, while the light-filled, colorful and contemporary Constitutional Court buildings reflect the progressive and optimistic vision of post-apartheid South Africa the lo- cation is a reminder of the deeply entrenched inequalities that continue to define the rights of the majority of people in the country and the continent. CONSTITUTIONAL AUTHORITY AND ITS LIMITATIONS: THE POLITICS OF SEXUALITY IN SOUTH AFRICA 197 From the late 1800s to 1983 Constitution Hill was the location of Johannesburg’s central prison, the remains of which now lie in the shadow of the new court buildings. Former prison buildings include a fort built by the Boers (descendents of Dutch settlers) in the late 1800s to defend themselves against the thousands of men and women who arrived following the discovery of the area’s expansive gold deposits.
    [Show full text]
  • Applications Open for the Inaugural Pius Langa Memorial Fellowship At
    PRESS RELEASE: Applications open for the inaugural Pius Langa Memorial Fellowship at UCL Johannesburg, 26 August 2021 – For immediate release The Constitutional Court Trust (CCT) is delighted to announce the establishment of a new fellowship programme to benefit young lawyers in South Africa committed to forwarding constitutional and human rights law in South Africa and / or Africa. This new fellowship will afford one early career lawyer per year the opportunity to study towards a LLM at University College London (UCL) in the United Kingdom, one of the top ranked universities in the world1. The new fellowship is named in memory of Chief Justice Pius Langa, a decision that, according to CCT chairperson Justice Sisi Khampepe, is most fitting: “Justice Langa was not only central to the establishment of the Constitutional Court Trust but, more importantly, his dedication, humility and commitment to the notion that service must be at the heart of leadership are rare qualities we believe young lawyers should be aspiring to emulate in contemporary South Africa.” Chief Justice Langa’s family has welcomed the establishment of this fellowship: “We are humbled that the Constitutional Court Trust has seen it fitting to honour the legacy of Justice Langa in this way. We think it’s a fitting tribute to the contribution that he made towards the development of constitutional and human rights law. We look forward to seeing a new generation of lawyers committed to justice and transformation in Africa being developed through this fellowship programme." Starting in 2022, the Pius Langa Memorial Fellowship is an exciting new step for the CCT.
    [Show full text]
  • Appointments to South Africa's Constitutional Court Since 1994
    Durham Research Online Deposited in DRO: 15 July 2015 Version of attached le: Accepted Version Peer-review status of attached le: Peer-reviewed Citation for published item: Johnson, Rachel E. (2014) 'Women as a sign of the new? Appointments to the South Africa's Constitutional Court since 1994.', Politics gender., 10 (4). pp. 595-621. Further information on publisher's website: http://dx.doi.org/10.1017/S1743923X14000439 Publisher's copyright statement: c Copyright The Women and Politics Research Section of the American 2014. This paper has been published in a revised form, subsequent to editorial input by Cambridge University Press in 'Politics gender' (10: 4 (2014) 595-621) http://journals.cambridge.org/action/displayJournal?jid=PAG Additional information: Use policy The full-text may be used and/or reproduced, and given to third parties in any format or medium, without prior permission or charge, for personal research or study, educational, or not-for-prot purposes provided that: • a full bibliographic reference is made to the original source • a link is made to the metadata record in DRO • the full-text is not changed in any way The full-text must not be sold in any format or medium without the formal permission of the copyright holders. Please consult the full DRO policy for further details. Durham University Library, Stockton Road, Durham DH1 3LY, United Kingdom Tel : +44 (0)191 334 3042 | Fax : +44 (0)191 334 2971 https://dro.dur.ac.uk Rachel E. Johnson, Politics & Gender, Vol. 10, Issue 4 (2014), pp 595-621. Women as a Sign of the New? Appointments to South Africa’s Constitutional Court since 1994.
    [Show full text]
  • Interpretation
    Chapter 32 Interpretation Lourens du Plessis 32.1 Introduction (a) Aspects of Bill of Rights interpretation in pre-1994 case law (b) Bill of Rights interpretation as depicted in early post-1994 constitutional jurisprudence (c) Rights interpretation and/as constitutional interpretation (d) The scope of constitutional interpretation (e) The mechanics of rights analysis (i) Direct application and interpretation of a specific substantive right (ii) Subsidiarity and indirect application as preferred modes of interpretation 32.2 Interpreters of the Constitution (a) Constitution-makers (b) Courts (c) Legislative and executive organs of state (d) Citizens and other non-state organs protected, empowered and obliged by the Constitution 32.3 Theories of interpretation and their relevance for constitutional interpretation (a) Common-law theories of statutory interpretation (b) Constitutional interpretation and the inadequacy of common-law theories of statutory interpretation (i) Constitutional democracy and the end of the dominance of literalism-cum-intentionalism (ii) The linguistic turn (iii) 'Politics': predicament or prospect? (iv) Purposive interpretation as the increasingly preferred alternative to literalism-cum-intentionalism (c) Theories of, theoretical positions on and leitmotivs in constitutional interpretation (i) Three comparative examples (ii) Theoretical position(s) in relation to interpretive leitmotiv(s) (iii) Transitional constitutionalism (aa) The Constitution as bridge: justificatory constitutionalism (bb) The Constitution as
    [Show full text]
  • Chief Justice Pius Langa Memorial Lecture by Mr Jeff Radebe, Minister
    Chief Justice Pius Langa Memorial Lecture by Mr Jeff Radebe, Minister of Energy, Member of the ANC National Executive Committee, ANC National Working Committee and the South African Communist Party Central Committee, 16th March 2019 Today we meet in conversation over the sterling role of one of the shinning stars of our times, the late Chief Justice Pius Langa. In him we celebrate a patriot, a member of the African National Congress in good standing, an underground political activist who directly interfaced with the highest levels of leadership in the liberation movement such as OR Tambo and Moses Mabhida. From a personal note, he was my boss in the period that he was President of NADEL at the time we had other leaders such as Linda Zama. Furthermore I worked with him closely following my appointment as Minister of Justice and Constitutional Development in 2009. Therefore today I am here to participate in this public conversation about his life as a friend, a colleague and a comrade. In recognition of his outstanding service to the people of our country, former President Thabo Mbeki bestowed on him the highest honour, the Order of Boabab in Gold. Five days from today, the world will be celebrating the International Human Rights Day. It is a fitting tribute to the late Chief Justice Pius Langa that on this occasion we focus attentively on the core fabric of our claim to humanity. It is a fitting tribute to him that we should highlight through this public lecture his impeccable role in buttressing the very human rights freedoms that we collectively aspire for, as amongst others amplified by the International Human Rights Day.
    [Show full text]
  • AG3368-M48-001-Jpeg.Pdf
    Zanele Majola Constitutional Court Oral History Project 24th January 2012 Int This is an interview with Zanele Majola, and it’s the 24th of January 2012. Zanele, thank you so much for agreeing to participate in the Constitutional Court Oral History Project, we really appreciate it. ZM It’s a pleasure. I’m happy to be here. Int Zanele, I wondered if we could talk about early childhood, where you were born, a bit about family background, and what are some of your experiences of growing up in South Africa when you did? ZM Alright. I was born in Durban and grew up in a township called KwaMakhutha. I was the last child of four siblings and I grew up with my mom, who is divorced, and we were sort of protected from stuff that was happening at the time. I was born in 1979. I remember very little actually about, for example what the Constitutional Court now represents, about apartheid, because you were basically growing up, going to school, back home, and my mother wasn’t very much of a political attuned person. I think it was only later on when we were witnessing toyi-toying in the late eighties, and houses being petrol bombed, that you started being aware of what was happening. I don’t know how much of it you want to know but it was only when I was in my early teens that I started becoming aware of things. I was fortunate…I don’t know whether fortunate is the right word: My elder sister went to school with Griffiths and Victoria Mxenge’s son, so when Victoria was killed we knew and we knew why it had happened.
    [Show full text]
  • House of Commons Official Report Parliamentary
    Thursday Volume 664 26 September 2019 No. 343 HOUSE OF COMMONS OFFICIAL REPORT PARLIAMENTARY DEBATES (HANSARD) Thursday 26 September 2019 © Parliamentary Copyright House of Commons 2019 This publication may be reproduced under the terms of the Open Parliament licence, which is published at www.parliament.uk/site-information/copyright/. 843 26 SEPTEMBER 2019 Speaker’s Statement 844 there will be an urgent question later today on the House of Commons matter to which I have just referred, and that will be an opportunity for colleagues to say what they think. This is something of concern across the House. It is Thursday 26 September 2019 not a party political matter and, certainly as far as I am concerned, it should not be in any way, at any time, to any degree a matter for partisan point scoring. It is The House met at half-past Nine o’clock about something bigger than an individual, an individual party or an individual political or ideological viewpoint. Let us treat of it on that basis. In the meantime, may I just ask colleagues—that is all I am doing and all I can PRAYERS do as your representative in the Chair—please to lower the decibel level and to try to treat each other as opponents, not as enemies? [MR SPEAKER in the Chair] Sir Peter Bottomley (Worthing West) (Con): On a point of order, Mr Speaker. Speaker’s Statement Mr Speaker: Order. I genuinely am not convinced, but I will take one point of order if the hon. Gentleman Mr Speaker: Before we get under way with today’s insists.
    [Show full text]
  • 'Asian Nobel' Prizes 18 September 2014
    Anti-apartheid hero, ex-Norway PM awarded 'Asian Nobel' prizes 18 September 2014 South African anti-apartheid hero Albie Sachs and Taiwan, were immunologists James P. Allison of the former Norwegian prime minister Gro Harlem MD Anderson Cancer Center at the University of Brundtland, hailed as the "godmother" of Texas, and Tasuku Honjo of Kyoto University for sustainable development, were among five people their contributions in the fight against cancer. Thursday presented with the first Tang Prize, touted as Asia's version of the Nobels. The other recipient was Chinese American historian and Sinologist Yu Ying-shih, the winner in the Taiwan President Ma Ying-jeou presented the Sinology category. awards, which honour outstanding contributions to the environment, human rights, medicine and Each winner received Tw$50 million ($1.7 million), Sinology. with Tw$40 million in cash and the remainder in a grant—a richer purse than the eight million Swedish Brundtland, recognised for her life-long dedication kronor ($1.2 million) that comes with a Nobel Prize. to protection of the environment, called for urgent action to address environmental and climate Named after China's Tang Dynasty (AD 618-907), change over the last quarter of a century. the prize was founded in 2012 with a donation of Tw$3 billion. "We're not far sighted enough to do what is needed" on climate change, she warned, Yin has said he will donate 95 percent of his wealth addressing the guests invited to the presentation to charity during his lifetime. His net assets are ceremony in Taipei. estimated by Forbes magazine at $4.5 billion.
    [Show full text]
  • Tour Operators Prospectus 2018
    TOUR OPERATORS PROSPECTUS 2018 BACKGROUND INFORMATION Nowhere can the story of South Africa's turbulent past and its extraordinary transition to democracy be told as it is at Constitution Hill. In 1995, the historic decision was taken to locate the Constitutional Court of South Africa in Johannesburg’s oldest prison site in the inner city of Johannesburg. The four separate prisons on the site are over 100 years old. They were places of horrific degradation and torture which imprisoned political prisoners but mainly thousands of ordinary black South Africans whose only crime was disobeying one of the many discriminatory laws of the day. Constitution Hill is now a national heritage site. Once a place of injustice and brutality, the site has been transformed into a place of solidarity and democracy. Home to the Women’s Gaol museum, Number Four Museum, and Old Fort Museum, Constitution Hill is open to the public for guided tours and offers informative and gripping exhibitions. The stark juxtaposition of the abuses of the past (as symbolized by the prison buildings) with the hope and enlightenment of the future (as symbolized by the Constitutional Court) lay at the heart of the Judges’ choice of this site as the permanent home of the Constitutional Court. As a result, Constitution Hill is uniquely positioned as a place where both the difficulties of the past and the possibilities of the future can be experienced. Constitution Hill launched a new website in 2016 www.conhill.org.za A self guiding APP will be launched in February 2017. TRIPADVISOR In 2016 Constitution Hill was awarded a Trip Advisor Certificate of Excellence as well as a Travellers Choice Award #3 of 167 things to do in Johannesburg #1 of 30 Sights & Landmarks in Johannesburg #6 Top 10 Landmarks — South Africa STO RATES Over the years, there has been an increase demand from tour operators to visit Constitution Hill on packaged tours.
    [Show full text]
  • Maine Law Magazine Law School Publications
    University of Maine School of Law University of Maine School of Law Digital Commons Maine Law Magazine Law School Publications Fall 2014 Maine Law Magazine - Issue No. 90 University of Maine School of Law Follow this and additional works at: https://digitalcommons.mainelaw.maine.edu/maine-law-magazine Part of the Law Commons This Book is brought to you for free and open access by the Law School Publications at University of Maine School of Law Digital Commons. It has been accepted for inclusion in Maine Law Magazine by an authorized administrator of University of Maine School of Law Digital Commons. For more information, please contact [email protected]. Maine Law Magazine Parents in Law The art of balancing studies & children Inside Capitol Connection Maine Law’s D.C. links run deep Clinical Practice One student’s story THE UNIVERSITY OF MAINE SCHOOL OF LAW / FALL 2014 OPENING ARGUMENTS John Veroneau Partner, Covington & Burling LLP John Veroneau, a 1989 graduate of Maine Law, is co-chair of the International Trade and Finance group at Covington & Burling in Washington D.C. He served as Deputy U.S. Trade Representative (2007-2009) and previously as USTR’s general counsel, as Assistant Secretary of Defense in the Clinton Administration, as Chief of Staff to Senator Susan Collins, and as Legislative Director, respectively, for Senators Bill Cohen and Bill Frist. What lessons do you recall best from your law What have you found most satisfying about your school education? wide-ranging career? I long ago forgot the Rule against Perpetuities Probably the variety of experiences and the people but will forever remember Mel Zarr’s brilliant I’ve worked with.
    [Show full text]
  • Chapter 1 Making the Road.Fm
    INTRODUCTION HAPTER C 1 Michael Cosser, Narnia Bohler-Muller & Gary Pienaar 1Introduction 1.1 Making the road by walking The Constitution of the Republic of South Africa, the final draft of which was forged over a two-year period between 1994 and 1996, assumed a particular profile in the body politic in 2016. Following the release of the Public Protector’s 2014 report on improvements to President Zuma’s Nkandla residence,1 the Constitutional Court in March 2016 declared binding her findings and recommendations about the need for the President to repay public monies spent on non-security upgrades to his residence.2 Such high-profile cases, however, can distract us from the importance of the Constitution in shaping the lives of ordinary people. In catapulting the Constitution into the limelight, the ‘Nkandla judgement’, as it is known colloquially, has created renewed interest in what meaning the Constitution has for South Africans in 2018 and beyond. The initial impetus for this book came from a public address by former Chief Justice Sandile Ngcobo. Delivered on 30 June 2016 and entitled ‘Why does the Constitution matter?’, his address began with an almost throwaway comment: that he was ‘privileged enough … to participate in constructing our foundational jurisprudence on constitutional law.’3 Ngcobo went on to say that the process of building a constitutional 1 Public Protector South Africa ‘Secure in comfort’ http://www.pprotect.org/library/ investigation_report/2013-14/Final Report 19 March 2014 pdf (accessed 23 May 2017). 2 Economic Freedom Fighters v Speaker of the National Assembly and Others 2016 (3) SA 580 (CC).
    [Show full text]
  • Murcott MJ.Pdf
    Towards a social justice-oriented environmental law jurisprudence in South Africa MJ Murcott Orcid.org/0000-0001-8311-2195 Thesis accepted in fulfilment of the requirements for the degree Doctor of Laws in Constitutional Law at the North-West University Promoter: Prof. LJ Kotzé Graduation: May 2020 Student number: 25855867 For Jean and Charles Murcott i ABSTRACT The problem that this thesis seeks to address is the South African judiciary's failure, in general, to recognise in the adjudication of environmental law disputes that social injustices are connected to harmful environmental conditions and thus to environmental and climate injustices for South Africa's poor. This thesis proposes a legal theory of transformative environmental constitutionalism as a means, in the adjudication of environmental law disputes, to foster an appreciation from a socio-ecological systems perspective, of the interconnected nature of social, environmental and climate injustices, particularly in the socio-ecological crisis of the Anthropocene. This thesis argues that the implementation of a legal theory of transformative environmental constitutionalism by the judiciary could facilitate the emergence of a social justice-oriented environmental law jurisprudence more responsive to the plight of South Africa's poor and the deterioration of the environment, as interconnected concerns. Key words: Transformative constitutionalism, environmental constitutionalism, transformative environmental constitutionalism, social justice, environmental justice, climate justice,
    [Show full text]