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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, . 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 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 and 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. humour and as a colleague and Court on 1 July 1995, after having Judge Wunsh was born in fairly often an opponent one held an acting position for the peri­ Johannesburg on 20 September enjoyed the affidavits drafted by od February 1995 to June 1995. 1932 and after matriculating at him and more particularly his Judge Ngoepe was born on 22 Parktown Boys High School in requests for further particulars! As October 1947 in Pietersburg and 1948, he enrolled at the University a colleague he was helpful and after matriculating at Hebron of Stellenbosch. He obtained a BA patient and an inspiration to many Institute, Pretoria North in 1967, he Law degree (cum laude) in 1951 of us. His search for answers is enrolled at the University of the and an LLB degree (cum laude) in forthright, some would say aggres­ North for the degree BIuris which 1953. sive and many demonic, but one he completed in 1972. He studied He was admitted as an attorney must understand that he is always for the LLB degree through Unisa on 1 March 1956 and in the same seeking your help, your input and while serving his articles of clerk­ year as notary and conveyancer. your contribution. The juniors will ship. Judge Ngoepe practised as an From 1 May 1964 to 31 July 1995 be happy to know that I saw John

CONSULTUS, NOVEMBER 1995 113 shortly before his interview at the of his wife he brought up six young Judicial Service Commission and children as a single parent but also his patent apprehension far out­ found time for a great deal of com­ weighed the whiter shade of pale munity service. He served on edu­ which many of you display before a cation committees, was National Didcott Motion Court. Chairman ofthe YMCA and partic­ Pius Langa and I are about the ipated in the administration of foot­ same age. He left school after ball, boxing and athletics. A con­ Junior Certificate and became a siderable portion of his practice in learner/sorter in a clothing factory. recent years has been in the Eastern He completed his Matric by corre­ Cape and he will take to the Bench spondence and after the clothing a wide experience of people and factory was liquidated he lost his also, we are sure, his unrivalled Judge Douglas Shearer job and became an interpreter/ sense of humour. messenger in the Magistrates' Our Chairman, Hassen Mall Court at Impendle. He became an has at long last made himself avail­ Shearer, after 28 years on the interpreter/clerk, a senior clerk, he able for permanent appointment. I Natal Bench, longer than any other again studied through correspon­ am personally delighted because incumbent, is a sad moment. dence with the University of South together with the late John Milne Douglas and I have been close per­ Africa, became Prosecutor, we were instrumental in persuading sonal friends for over 30 years and Magistrate, a pupil at the Bar,an him to accept an acting appoint­ share a love of the thoroughbred Advocate, a Silk, and is now a ment when, with afterthought, one racehorse and the high C of "Di member of our first Constitutional recognises the time was inoppor­ quella pira". He is a superbly cul­ Court. When I compare his strug­ tune. He faced the community tured person and a gentlemen in gle with the relative ease with controversy at his acting appoint­ every respect. He triumphs at which we privileged few followed ment with fortitude and courage whatever he turns his attention to our chosen careers, one stands back and we are delighted that his deci­ - a single figure golfer, a superb in admiration of his breath-taking sion is now met with acclaim. He is bowls player and today a cultivator success story. Pius is blessed with polite and hard working, warm and of stunning roses. He is blessed modesty, an enormous decency and friendly and I think many of us with an enormous intellect and the a winning wry sense of humour. I have had the opportunity of enjoy­ record shows his contribution to wish to prophesy that he will make ing his company. He is a most liberal values in Natal. He is a man a significant and worthy contribu­ interesting and stimulating person completely without prejudice, he tion to the Constitutional Court. with an incredible knowledge of has never discriminated against Our friend, Vuka Tshabalala, Gandhi, whose life has no doubt anyone and his patience and tolera­ who cannot be present with us this contributed to Hassen's gentle tion made every appearance before evening through illness, has been nature. His is a well deserved and him a pleasure. It is sad to say appointed to the Ciskei Bench. His well earned appointment and we goodbye to him but we wish him a is a story of personal triumph over wish him well long, happy and fruitful retire­ personal tragedy. After the murder To say farewell to Douglas ment." 0

INAMUNDELL Haar pos by die Balie behels letterlik 'n honderd-en-tien Administratiewe Beampte pligte. Sy is verantwoordelik vir die gladde verloop van die van die Johannesburg-Balie kantooradminstrasie, en met 'n skrale personeel van vyf behartig die span 'n reuse taak. Sy is verantwoordelik vir die 'n Raakvatter en organiseerder duisend, en iemand wat aanstelling van pro Deo-advokate vir sake in die werklik op harde werk floreer - dis nou Ina Mundell, die Hooggeregshof, en moet soms spring om onmiddellik 'n Administratiewe Beampte van die Johannesburg-Balie wat advokaat te vind om met 'n saak aan te gaan. so byna twee jaar gelede by haar voorganger, Chris Angel, Die inname van pupille, die reeling van die lesings, die leisels oorgeneem het. eksamens en gereelde kontak met die pupille totdat hulle geslaag het en aanvaar is as volwaardige lede, is ook haar

114 CONSULTUS, NOVEMBER 1995