DOCSLIB.ORG

DIE KONSTITUSIONELE HOF Regter Ismail Mahomed Is Met Ingang Van

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
DIE KONSTITUSIONELE HOF Regter Ismail Mahomed Is Met Ingang Van • DIE KONSTITUSIONELE president van die Transvaalse Judge Tshabalala completed HOF Provinsiale Afdeling aangestel. his articles of clerkship with attor­ Ons wens hom van harte geluk met ney OK Mofolo in 1966 and passed die aanstelling en vertrou dat hy 'n the Attorneys' Admission Exami­ aangename en voorspoedige amp­ nation under the Natal Law stermyn sal beleef. Society. He was a practising advo­ cate at the Natal Bar from 1969 until his appointment to the Bench. Judge Tshabalala obtained senior counsel status in September 1994. He is a former chairman of the Durban branch of Nadel and for­ mer commissioner of the Small Claims Court, while he also acted as assessor in Supreme Court tri­ als. In 1992 he led a delegation on Regter Ismail Mahomed is met behalf of the Institute for a Multi­ ingang van 10 Augustus 1995 Party Democracy to attend a con­ aangestel as Adjunk-president van ference in Federalism in Hanover, die Kontitusionele Hof. Consultus Regter Piet van der Wait West Germany. wil regter Mahomed van harte Judge Tshabalala's wife, Pearl, gelukwens met die aanstelling; ons passed away in 1988. He is the is oortuig daarvan dat hy as NEW JUDGES· father of four sons and twin daugh­ Adjunk-president 'n waardevolle • NUWE REGTERS ters. bydrae sallewer tot die funksioner­ ing van die Konstitusionele Hof in die besonder en die regspraak in die algemeen. DEPUTY JUDGE PRESIDENT RETIRES Mr Justice Curlewis recently re­ tired as Deputy Judge President of the Transvaal Provincial Division. Consultus takes the opportunity to thank him for the friendly and helpful attitude he always adopted towards the Bar during his term of Vuka Tshabalala was appointed to office. We wish Justice Curlewis the Bench in the Ciskei Provincial only the very best for the rest of his Division of the Supreme Court on career as an active member of the 1 March 1995. Photo: De Rebus Transvaal Bench. Judge Tshabalala was born on 23 March 1937 in Orlando East, Johannesburg. He matriculated Cecil Somyalo was appointed to NUWE ADJUNK REGTER­ from St Francis College ill the Bench ill the Transkei PRESIDENT Marianhill and attended the Provincial Division of the Supreme Universities of Fort Hare and Court on 1 May 1995. Judge Regter Piet van der Wait is on­ Natal, where he obtained his BA Somyalo enjoys the distinction of langs as die nuwe Adjunk Regter­ and LLB degrees respectively. being the first attorney to be CONSULTUS, NOVEMBER 1995 III appointed a judge on a permanent articled clerk ceased to exist, Judge Judge Mailula was born on 8 basis by the Judicial Service Desai's articles were ceded to April 1958 and after matriculating Commission. Dullah Omar, then practising as in 1974 at Hwiti High School in After matriculating at AM Omar & Company, where he Pietersburg, she attended the Lovedale High School, Alice, in continued working after his admis­ University of the North, obtaining 1956, he enrolled at the University sion as an attorney in 1978. He the BProc and LLB degrees. College of Fort Hare where he was admitted to the Bar on 7 During her years of ~tudy she graduated with a BA degree in December 1981 and practised as an received Best Student of the Year 1959. After five years in the teach­ advocate until his appointment to Awards in a number of subjects, ing profession, Judge Somyalo the Bench. including Civil Procedure, Private decided to pursue a career in law. Judge Desai has been a speak­ Law, Mercantile and Public He served his articles of clerkship er at numerous human rights con­ International Law, and was award­ at Mr ZJB Mbuqe and was admit­ ferences in various parts of South ed the LLB degree cum laude. ted as an attorney of the Supreme Africa and at conferences dealing Judge Mailula was employed Court of South Africa in June 1971. with the restructuring of the legal as State Advocate in the former From 1971 to 1985 Judge Somyalo profession. He was appointed by Bophuthatswana from 1982 to was a partner in the Port Elizabeth the President as a member of the 1986 and since 1987 she has been firm of Kondile & Somyalo. From Hoexter Commission which was practising at the Johannesburg Bar. 1985, until he was appointed to the set up to investigate and report on From 1 February 1995 until the Bench, he was practising for his the restructuring of the courts in time of her appointment to the own account. South Africa. Bench she was a member of the In addition to his wide and var­ Judge Desai was a founder Browde Judicial Commission. ied legal practice, Judge Somyalo member and former National Vice­ One of Judge Mailula's out­ was chairman of the National President of Nadel. Since his standing achievements is her Association of Democratic schooldays he has been active in language ability - in addition to her Lawyers (Nadel) from 1993 to various social and cutural organisa­ home language, Northern Sotho, 1995 and a commissioner of the tions, and he was recently elected she is conversant in English, Small Claims Court from the date chairperson of the Cape Town Afrikaans, Setswana, South Sotho, of the inception of these courts. Community Land Trust which was Ndebele, Zulu, Seswati and established to redevelop District Tshivenda. Six. Judge Mailula is the mother of Judge Desai is married to a nine year old daughter. Faieza, a nursing sister, and they have two sons and a daughter. Sirajudien Desai was appointed to the Bench of the Cape Provincial Division ofthe Supreme Court on 1 Mahomed Navsa se was appoint­ July 1995. ed to the Bench in the Transvaal Judge Desai was born on 10 Lucy Mailula, advocate at the Division ofthe Supreme Court on 1 January 1951 at Salt River in the Johannesburg Bar and the first July 1995. Cape and matriculated at the woman to be nominated by the Judge N avsa was born on 24 Trafalgar High School in District Judicial Service Commission for May 1957 and attended the Six, Cape Town in 1986. He stud­ permanent appointment to the University of the Western Cape ied at the University of Durban Supreme Court Bench, took up her where he obtained a BA degree in Westville, where he obtained both position in the Transvaal Provincial 1978 and an LLB degree in 1980. the BA and LLB degrees. Division of the Supreme Court on Judge Navsa was admitted to After the firm he started with as an 31 July 1995. the Bar in 1981 and took up 112 CONSULTUS, NOVEMBER 1995 employment with the Legal attorney for seven years before he was a partner at Edward N athan Resources Centre in 1982 where he being admitted as an advocate in & Friedland Inc of Johannesburg. headed the Advice Centre October 1983. Judge Wunsh has published a Programme for the Johannesburg He joined the Pretoria Bar in large number of articles both in office. He was director of the December 1984 where he practised international and South African Johannesburg office from April until his appointment to the Bench. legal journals, written a number of 1990 to May 1994 and reponsible He took Silk in November 1994. books and addressed numerous for all litigation conducted by that Judge Ngoepe was a member ofthe seminars and conferences over the office. In October 1993 Judge Technical Committee on years. N avsa was appointed as a member Constitutional Issues in 1993 Judge Wunsh is married to of the Magistrates' Commission which helped draft the country's Cynthia Gitlin and is the father of after being nominated thereto by Interim Constitution at the World two daughters. 0 the General Council of the Bar. In Trade Centre for the Multi-Party June 1994 he became the fourth Negotiating Process. In addition to member of the LRC's constitution­ his wide-spread involvement in al litigation unit and in September constitutional matters, he is a con­ FAREWELL ... of the same year he was appointed tributing co-editor of the South senior counsel. African Constitutional Law At a cocktail party, held at the Shortly thereafter he was Reports. He also acted as a judge Royal Hotel, Durban, on Friday 5 appointed as an Acting Judge ofthe of the Constitutional Court from 15 May 1995, David Gordon SC paid Supreme Court, initially for the August 1995 to the end of an eloquent farewell to the follow­ first term and later for the second September 1995. ing five judges on behalf of the term also. Judge Ngoepe is married to a Natal Bar. Over the years Judge N avsa paediatrician and the couple have has been involved in numerous two daughters and a son. "My Lord the Judge President, my community-oriented organisations. Lords and Members of the Society. He is married to Roziah and they This evening we have gathered to have three children. celebrate the appointment of John Didcott and Pius Langa to the Constitutional Court and to bid farewell to our Chairman Hassen Mall, who has been appointed to the Natal Bench, our member Vuka Tshabalala, appointed to the Ciskei Bench and Douglas Shearer, who is retiring from the Natal Bench. John Didcott is the most deserving appointment to the Constitutional Court. On the Natal Basil Wunsh, only the second Bench he displayed great personal attorney to be appointed a judge, courage and independence and he and the first attorney to be appoint­ has made a significant contribution ed to the Bench in the Transvaal to the development of the law. Bernard Ngoepe se was appoint­ Provincial Division of the Supreme Some of his judical writing is pure ed to the Bench in the Transvaal Court, took up his position on 31 literature touched with a sense of Provincial Division of the Supreme July 1995.
Load more

Recommended publications
  • 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]
  • Bram Fischer and the Meaning of Integrity Stephen Ellman
    View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by University of North Carolina School of Law NORTH CAROLINA JOURNAL OF INTERNATIONAL LAW AND COMMERCIAL REGULATION Volume 26 | Number 3 Article 5 Summer 2001 To Live Outside the Law You Must Be Honest: Bram Fischer and the Meaning of Integrity Stephen Ellman Follow this and additional works at: http://scholarship.law.unc.edu/ncilj Recommended Citation Stephen Ellman, To Live Outside the Law You Must Be Honest: Bram Fischer and the Meaning of Integrity, 26 N.C. J. Int'l L. & Com. Reg. 767 (2000). Available at: http://scholarship.law.unc.edu/ncilj/vol26/iss3/5 This Comments is brought to you for free and open access by Carolina Law Scholarship Repository. It has been accepted for inclusion in North Carolina Journal of International Law and Commercial Regulation by an authorized editor of Carolina Law Scholarship Repository. For more information, please contact [email protected]. To Live Outside the Law You Must Be Honest: Bram Fischer and the Meaning of Integrity Cover Page Footnote International Law; Commercial Law; Law This comments is available in North Carolina Journal of International Law and Commercial Regulation: http://scholarship.law.unc.edu/ncilj/vol26/iss3/5 To Live Outside the Law You Must Be Honest: Bram Fischer and the Meaning of Integrity* Stephen Ellmann** Brain Fischer could "charm the birds out of the trees."' He was beloved by many, respected by his colleagues at the bar and even by political enemies.2 He was an expert on gold law and water rights, represented Sir Ernest Oppenheimer, the most prominent capitalist in the land, and was appointed a King's Counsel by the National Party government, which was simultaneously shaping the system of apartheid.' He was also a Communist, who died under sentence of life imprisonment.
    [Show full text]
  • The Struggle for the Rule of Law in South Africa
    NYLS Law Review Vols. 22-63 (1976-2019) Volume 60 Issue 1 Twenty Years of South African Constitutionalism: Constitutional Rights, Article 5 Judicial Independence and the Transition to Democracy January 2016 The Struggle for the Rule of Law in South Africa STEPHEN ELLMANN Martin Professor of Law at New York Law School Follow this and additional works at: https://digitalcommons.nyls.edu/nyls_law_review Part of the Constitutional Law Commons Recommended Citation STEPHEN ELLMANN, The Struggle for the Rule of Law in South Africa, 60 N.Y.L. SCH. L. REV. (2015-2016). This Article is brought to you for free and open access by DigitalCommons@NYLS. It has been accepted for inclusion in NYLS Law Review by an authorized editor of DigitalCommons@NYLS. NEW YORK LAW SCHOOL LAW REVIEW VOLUME 60 | 2015/16 VOLUME 60 | 2015/16 Stephen Ellmann The Struggle for the Rule of Law in South Africa 60 N.Y.L. Sch. L. Rev. 57 (2015–2016) ABOUT THE AUTHOR: Stephen Ellmann is Martin Professor of Law at New York Law School. The author thanks the other presenters, commentators, and attenders of the “Courts Against Corruption” panel, on November 16, 2014, for their insights. www.nylslawreview.com 57 THE STRUGGLE FOR THE RULE OF LAW IN SOUTH AFRICA NEW YORK LAW SCHOOL LAW REVIEW VOLUME 60 | 2015/16 I. INTRODUCTION The blight of apartheid was partly its horrendous discrimination, but also its lawlessness. South Africa was lawless in the bluntest sense, as its rulers maintained their power with the help of death squads and torturers.1 But it was also lawless, or at least unlawful, in a broader and more pervasive way: the rule of law did not hold in South Africa.
    [Show full text]
  • Representative Standing in South African Law
    1 REPRESENTATIVE STANDING IN SOUTH AFRICAN LAW Clive Plasket BA, LLB, LLM (Natal), PhD (Rhodes), Judge of the High Court (Eastern Cape Division), Republic of South Africa Honorary Visiting Professor, Rhodes University, Grahamstown [A] CONSTITUTIONAL DEVELOPMENTS IN SOUTH AFRICA: FROM COLONIAL OUTPOST TO NON-RACIAL DEMOCRACY From the second British occupation of the Cape of Good Hope in 18061 until recently, British constitutional institutions have dominated South African political life.2 At the heart of the various South African constitutions since Union in 1910 – the South Africa Act of 1909 (the union Constitution), the Republic of South Africa Constitution Act 32 of 1961 (the republican Constitution) and the Republic of South Africa Constitution Act 110 of 1983 (the tricameral Constitution) – lay the doctrine of the sovereignty of Parliament. It is now widely accepted that this doctrine, because it was separated from its principal political counter-balance, universal franchise, was particularly inappropriate. It allowed for gross abuses of human rights by those in power.3 One of the dominant features of the doctrine of parliamentary sovereignty was that it envisaged, in the words of the late Mr Justice Ismail Mahomed, a 'legally emasculated judiciary with no judicial teeth to bite into or destroy enactments emanating from Parliament which invade without justification, the deepest wisdom of the common law, or which transgress rights so fundamental for each individual in our 1 See generally, Davenport and Saunders South Africa: A Modern History (5 ed) London, MacMillan Press Ltd: 2000, 42. 2 See Dugard Human Rights and the South African Legal Order Princeton, Princeton University Press: 1978, 8-9 and 14-28.
    [Show full text]
  • Speech by Inge Ceustermans Managing Director the Festival
    Speech by Inge Ceustermans Managing Director The Festival Academy Opening Ceremony of the Atelier for Young Festival Managers Johannesburg 2018 23 March, Johannesburg, 2018 Dear Ambassador, thank you for hosting this welcome reception, Dear colleagues and honorary guests, Dear mentors, And dear participants, I remember a moment, almost 2 years ago, I was sitting in a meeting I asked for with three African heads at a conference of the European Festivals Association in Wroclaw, a city in Poland, capital of culture at the time. It was the dreariest grey rainy European weather one can imagine, like it has been here for the past two days. One head was the Arterial Network head, one was representing Afrifesnet and one the African Arts Institute head. I was talking with them about a possible and first atelier in Africa, previously, let’s say 2 years before conversations had been going on already with Ismail Mahomed, then director of the Grahamstown festival still and I wanted to pick it up once more. They were all looking a bit warily at me, which got me a little unnerved or irritated even. And I remember I said at a certain point, you will see we will meet each other in Africa for a first Atelier. Some weeks after I learned the head of Arterial network was leaving, Afrisfestnet was as good as non- existent and struggling with governance issues and the African Arts Institute was stopping all together. Sigh. And that was only the start of this adventure. The top of the mountain was not yet in sight.
    [Show full text]
  • Ew South African Chief Justice
    ew south African Chief Justice 1997 saw the appointment of Judge was renowned for his appearance in a scious that the country is now irrevers­ Ismail Mahomed as the Chief Justice number of trials on behalf of leading ibly committed to a new constitutional of the Republic of South Africa. His anti-apartheid activists and his part in future, based on equality and freedom. appointment has been welcomed by the challenging administrative and execu­ The President and my country of birth Law Societies of South Africa, who tive decrees from the government. have deeply honoured me by appointing describe him as a "man of his time". This challenge has now turned into me to a very high judicial office which Justice Ismail Mahomed was admit­ that of restoring the faith of the people of would give me the oppoprtunity of giv­ ted to the Johannesburg Bar in 1957, as the Republic of South Africa in their ing effect to that commitment. I hope the bar in his home town of Pretoria was legal system, a challenge which he sees that I will be able to contribute to the reserved for whites. Even in Johannes­ as belonging to all lawyers in that coun­ urgent need to salvage the image of the burg, he was unable to occupy an office try, following the introduction of the law so that it in fact is, and is perceived at the bar because chambers were situ­ final Constitution, signed by President to be, a friend and protector of the peo­ ated in a 'whites only' area.
    [Show full text]
  • Pius Langa Constitutional Court Oral History Project Interview 1: 1St December 2011 Interview 2: 17Th January 2012 Interview 3: 3Rd February 2012
    Pius Langa Constitutional Court Oral History Project Interview 1: 1st December 2011 Interview 2: 17th January 2012 Interview 3: 3rd February 2012 (All three interviews were substantively and substantially edited by the interviewee) Interview 1: Int This is an interview with Chief Justice Pius Langa and it’s the 1st of December 2011. Pius, thank you so much for agreeing to participate in the Constitutional Court Oral History Project, we really appreciate you taking the time. PL Thank you, it’s a pleasure. Int Thank you. Pius, I wondered if we could start by talking about early childhood memories and how you think certain events in your life may have configured to actually prepare you for life as an advocate and as a judge, eventually? PL Well, I was born in Bushbuckridge, a small town in the part of the country that was known then, as Eastern Transvaal. The town is now located in Limpopo. My parents were there temporarily as my father was a pastor, having originated, together with my mother, at iNgwavuma in (KwaZulu) Natal. I have no recollection of the place of my birth because we left Bushbuckridge while I was a baby, travelled up north; my father was busy establishing other missions in places like Messina, Louis Trichardt briefly, Potgietersrust, and Pietersburg. The latter town is now known as Polokwane. I became conscious of things slightly in Messina, as a growing baby. I remember Potgietersrust. We occupied a mission house on the premises of my father’s church. The building was also used as a school, but I was too young to be a learner then.
    [Show full text]
  • 1 Gilbert Marcus Constitutional Court Oral History Project 20Th December
    Gilbert Marcus Constitutional Court Oral History Project 20th December 2011 Int This is an interview with Advocate Gilbert Marcus and it’s the 20th of December 2011. Gilbert, thank you so much for agreeing to participate in the Constitutional Court Oral History Project, we really appreciate it. GM It’s a pleasure. Int I’ve had the pleasure of interviewing you before for the Legal Resources Centre Project and during that interview we didn’t really get an extensive biography, and I wondered whether we could actually start at the very beginning today and talk a bit about your background in terms of what it was like growing up in South Africa during apartheid, and where your social and political conscientisation arose? GM Well, I’m born and bred in South Africa. I’ve lived here all my life apart from one year when I studied in England. But I came from a political family, for want of a better description. Political in this sense: my mother was a refugee from the Nazis. In 1939 she fled from Czechoslovakia to escape Nazi persecution. Her immediate family were lucky enough to escape but many of her family were killed in the concentration camps. And my father was a World War Two veteran; he spent six years in the South African army, but also fighting Germany and the Nazi regime. So with both parents coming from backgrounds like that, I had an upbringing, which was at least acutely conscious of human rights issues, and I think that that certainly had a fairly profound influence on my life and my thinking.
    [Show full text]
  • Speech by Minister of Justice And
    JUSTICE AND CONSTITUTIONAL DEVELOPMENT REPUBLIC OF SOUTH AFRICA Private Bag X276, PRETORIA, 0001 ● Momentum Building, C/O Prinsloo and Pretorius Streets, PRETORIA ● Tel: (012) 315 1761/2/3, Fax: (012) 315 1708 ● www.doj.gov.za Private Bag X256, CAPE TOWN, 8000 ● 120 Plein Street, CAPE TOWN ● Tel: (021) 467 1700, Fax: (021) 467 1730 ● www.doj.gov.za Speech by Mr Jeff Radebe, MP Minister of Justice and Constitutional Development, At the 12th Anniversary of the Law Reform Essay Competition, delivered on 16 April 2010, at the Constitutional Court, Braamfontein, Johannesburg Chairperson of the South African Law Reform Commission, Honourable Justice Mokgoro, The Vice-Chairperson of South African Law Reform Commission and Chairperson of the Independent Commission on the Remuneration of Public Office Bearers, Judge Seriti The Public Protector, Adv Thuli Madonsela Distinguished Guests, It is a pleasure to be with you tonight on the occasion of the 12th Law Reform Essay Competition named after of one of the profound legal mind of all times, the late Justice Ismail Mahomed. I am sure we are all happy to be associated with this legal legend, who has contributed so much in the development of jurisprudence both in this country and in our neighbouring the SADC countries. This occasion provides the opportunity to unwind our minds to reflect on the legacy of the courageous and impeccable jurist who, after addressing some 300 Americans about the political tension at the Zellerbarch Theatre back in 1992 Law Professor Douglas Frenkel described him as “eloquent and powerful” and that “he was mesmerized by his craft with words”.
    [Show full text]
  • Bram Fischer and the Meaning of Integrity Stephen Ellmann New York Law School, [email protected]
    digitalcommons.nyls.edu Faculty Scholarship Articles & Chapters 2001 To Live Outside the Law You Must Be Honest: Bram Fischer and the Meaning of Integrity Stephen Ellmann New York Law School, [email protected] Follow this and additional works at: http://digitalcommons.nyls.edu/fac_articles_chapters Recommended Citation 26 N.C.J. Int'l L. & Com. Reg. 767 (2000-2001) This Article is brought to you for free and open access by the Faculty Scholarship at DigitalCommons@NYLS. It has been accepted for inclusion in Articles & Chapters by an authorized administrator of DigitalCommons@NYLS. TO LIVE OUTSIDE THE LAW YOU MUST BE HONEST: BRAM FISCHER AND THE MEANING OF INTEGRITY* STEPHEN ELLMANN** ABSTRACT It is often suggested that anti-apartheid South Africans' use of the old order's courts in the course of their struggle contributed to the new South Africa's commitment to the rule of law. At the same time, it is widely felt that apartheid South Africa's laws were so illegitimate that moral citizens were not obliged to obey them, and indeed were entitled to take up arms against them. Could a lawyer who chose to break the law at the same time contribute to the ideal of the rule of law? Bram Fischer, whose life has recently been compellingly recounted in a full-length biography by Stephen Clingman, followed a moral path that eventually brought his ethical duty as a lawyer and his moral duty to end apartheid into conflict, and in the end chose to breach his duties as a lawyer in order to meet his responsibility as a human being.
    [Show full text]
  • Social Norms and Constitutional Transformation: Tracing the Decline of the Application Distinction in South Africa
    Washington University Global Studies Law Review Volume 9 Issue 3 January 2010 Social Norms and Constitutional Transformation: Tracing the Decline of the Application Distinction in South Africa Ziona Tanzer University of Michigan Law School Follow this and additional works at: https://openscholarship.wustl.edu/law_globalstudies Part of the Comparative and Foreign Law Commons, and the Constitutional Law Commons Recommended Citation Ziona Tanzer, Social Norms and Constitutional Transformation: Tracing the Decline of the Application Distinction in South Africa, 9 WASH. U. GLOBAL STUD. L. REV. 457 (2010), https://openscholarship.wustl.edu/law_globalstudies/vol9/iss3/4 This Article is brought to you for free and open access by the Law School at Washington University Open Scholarship. It has been accepted for inclusion in Washington University Global Studies Law Review by an authorized administrator of Washington University Open Scholarship. For more information, please contact [email protected]. SOCIAL NORMS AND CONSTITUTIONAL TRANSFORMATION: TRACING THE DECLINE OF THE APPLICATION DISTINCTION IN SOUTH AFRICA ZIONA TANZER TABLE OF CONTENTS I. INTRODUCTION .................................................................................... 457 II. APPLICATION CLAUSES AND SOCIAL NORMS: THE INITIAL DEBATE. 465 III. APARTHEID CONCEPTIONS OF COMMON LAW ADJUDICATION AND FAMILY LAW ................................................................................... 473 IV. POST-APARTHEID INDIRECT APPLICATION AND BONI MORES: A LOOK AT SAME-SEX
    [Show full text]
  • The Johannesburg Bar Practise in His Majesty's Building ­ - a Great Institution Which Was Refused
    THE BAR IN SA from the Minister of Native Affairs to The Johannesburg Bar practise in His Majesty's Building ­ - a great institution which was refused. Opposition to Nokwe 's being afforded the same rights and amenities as fellow members of the Matthew Welz Bar came from those such as BJ Vorster, later to become Prime Minister, and ry little can be said about the Despite the fact that the colour bar had GGA Munnik and J van Wyk de Vries, Johannesburg Bar in 1 500 words. been a point of discussion in the society both later appointed to the Bench. ~That is the beauty of the institution. for many years before then, 1956 was Undaunted, the Bar allowed Nokwe the year in which the first black counsel, to share chambers with George Bizos Certainly one can list important dates: Duma Nokwe, signed the register. from 1956 until 1962, when, following 1902, when the first members signed Nokwe was active in ANC circles with persecution and detention, Nokwe went the register; 1926, when the first woman his student friend and fellow lawyer was admitted to our Bar; 1950, when into exile. Nelson Mandela, and his admission to the Johannesburg Bar achieved corpo­ Another 'non-European' member of the the Bar and membership of our society rate status on the adoption of its consti­ came at a particularly significant time. Bar at around the same time was Ismail tution; and 1956, when the first black Mahomed, later to become our first member of this Bar signed the register. In 1951, on the back of the govern­ black Chief Justice, who signed the reg­ ment's defeat in the Appellate Division One can list statistics, and use these to ister in 1957.
    [Show full text]