Do Women on South Africa's Courts Make a Difference?
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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. -
Download 2014 Annual Report
Faculty of Law 2014 Centre for ANNUAL Faculty of Law Human Rights REPORT 2 The Centre for Human Rights, based at the Faculty of Law, CONTENTS University of Pretoria, is both an academic department and a non- DIRECTOR’S MESSAGE 4 governmental organisation. ACADEMIC PROGRAMMES 6 The Centre was established in the Faculty of Law, University of Pretoria, in 1986, as part of domestic efforts against the apartheid system of the time. RESEARCH 8 The Centre for Human Rights works towards human rights education in Africa, a greater awareness of human rights, the wide dissemination of publications on human rights in Africa, and the improvement of the PROJECTS 10 rights of women, people living with HIV, indigenous peoples, sexual minorities and other disadvantaged or marginalised persons or groups across the continent. PUBLICATIONS 31 Over the years, the Centre has positioned itself in an unmatched network of practising and academic lawyers, national and international civil servants and human rights practitioners across the entire continent, with a CENTRE PERSONNEL 33 specific focus on human rights law in Africa, and international development law in general. Today, a wide network of Centre alumni contribute in numerous ways to the advancement and strengthening STAFF ACTIVITES 36 of human rights and democracy all over the Africa continent, and even further afield. FUNDING 40 In 2006, the Centre for Human Rights was awarded the UNESCO Prize for Human Rights Education, with particular recognition for the African Human Rights Moot Court Competition and the LLM in Human Rights and Democratisation in Africa. In 2012, the Centre for Human Rights was awarded the 2012 African Union Human Rights Prize. -
Top Court Trims Executive Power Over Hawks
Legalbrief | your legal news hub Sunday 26 September 2021 Top court trims executive power over Hawks The Constitutional Court has not only agreed that legislation governing the Hawks does not provide adequate independence for the corruption-busting unit, it has 'deleted' the defective sections, notes Legalbrief. It found parts of the legislation that governs the specialist corruption-busting body unconstitutional, because they did not sufficiently insulate it from potential executive interference. This, notes a Business Day report, is the second time the court has found the legislation governing the Hawks, which replaced the Scorpions, unconstitutional for not being independent enough. The first time, the court sent it back to Parliament to fix. This time the court did the fixing, by cutting out the offending words and sections. The report says the idea behind the surgery on the South African Police Service (SAPS) Act was to ensure it had sufficient structural and operational independence, a constitutional requirement. In a majority judgment, Chief Justice Mogoeng Mogoeng said: 'Our anti-corruption agency is not required to be absolutely independent. It, however, has to be adequately independent. 'And that must be evidenced by both its structural and operational autonomy.' The judgment resolved two cases initially brought separately - one by businessman Hugh Glenister, the other by the Helen Suzman Foundation (HSF), notes Business Day. Because both cases challenged the Hawks legislation on the grounds of independence, the two were joined. Glenister's case - that the Hawks could never be independent while located in the SAPS, which was rife with corruption - was rejected by the court. -
JSC Rejects Hlophe Bid for Recusal of Five Members
Legalbrief | your legal news hub Thursday 30 September 2021 JSC rejects Hlophe bid for recusal of five members The Judicial Service Commission (JSC) will for the first time hold an inquiry that could be the prelude to the impeachment of a judge, after it rejected a request that five of its members should recuse themselves, says a report in the The Sunday Independent. The JSC, which met at the weekend to consider the complaints by the Constitutional Court and Cape Judge President John Hlophe, found that in view of the 'conflict of fact' on papers before it, oral evidence would be required from both sides. The report quotes an unnamed leading senior counsel as saying: 'The inquiry that is going to be held is of huge importance. If this matter is proved, it is difficult to imagine anything more serious.' The request for recusal by counsel for Hlophe was based on concerns that he would not get a fair hearing because last year the five had felt the Judge President should face a gross misconduct inquiry relating to his 'moonlighting' for the Oasis group of companies. At the time, during the Oasis matter, the JSC had been split largely on racial lines, and it was Chief Justice Pius Langa who cast the deciding vote that saw Hlophe escape an inquiry that could have led to his impeachment. According to a report on the News24 site, JSC spokesperson Marumo Moerane said both parties made presentations regarding the future conduct of the matter. He said notice of the date and venue of the oral hearing would be made known once arrangements had been finalised. -
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. -
The Judiciary As a Site of the Struggle for Political Power: a South African Perspective
The judiciary as a site of the struggle for political power: A South African perspective Freddy Mnyongani: [email protected] Department of Jurisprudence, University of South Africa (UNISA) 1. Introduction In any system of government, the judiciary occupies a vulnerable position. While it is itself vulnerable to domination by the ruling party, the judiciary must at all times try to be independent as it executes its task of protecting the weak and vulnerable of any society. History has however shown that in most African countries, the judiciary has on a number of occasions succumbed to the domination of the ruling power. The struggle to stay in power by the ruling elite is waged, among others, in the courts where laws are interpreted and applied by judges who see their role as the maintenance of the status quo. To date, a typical biography of a post-independence liberation leader turned president would make reference to a time spent in jail during the struggle for liberation.1 In the post-independence Sub-Saharan Africa, the situation regarding the role of the judiciary has not changed much. The imprisonment of opposition leaders, especially closer to elections continues to be a common occurrence. If not that, potential opponents are subjected to charges that are nothing but a display of power and might. An additional factor relates to the disputes surrounding election results, which inevitably end up in court. The role of the judiciary in mediating these disputes, which are highly political in nature, becomes crucial. As the tension heats up, the debate regarding the appointment of judges, their ideological background and their independence or lack thereof, become fodder for the media. -
The Extraordinary Journey of Justice Yvonne Mokgoro
BREAKING THE CHAINS OF DISCRIMINATION AND FORGING NEW BONDS: THE EXTRAORDINARY JOURNEY OF HAPTER JUSTICE YVONNE MOKGORO C 5 Narnia Bohler-Muller, Marie Wentzel & Johan Viljoen Source: http://www.constitutionalcourt.org.za/site/judges/justiceyvonnemokgoro/index1.html 1Introduction In this chapter we make an attempt to highlight the main contributions of Justice Yvonne Mokgoro to South African constitutional jurisprudence. As the first black African woman appointed to the Bench in 1994, she brought with her fresh scars of the oppressive system of apartheid that alienated and marginalised her as a black person and as a woman. Her childhood and youth were marked by the struggle; her first encounter with Robert Sobukwe put her firmly on a path of resistance to injustice. As a member of the Constitutional Court Justice Mokgoro was active and engaged, with her most lasting contribution being her efforts to Africanise human rights through the dignification of the law and the operationalisation of ubuntu as a constitutional value. The three cases discussed in this chapter are chosen to illustrate the powerful and unique impact of her judgments and philosophies. In 102 Justice Yvonne Mokgoro 103 Makwanyane (the constitutionalism of the death penalty), Khosa (the right of foreign nationals to social grants) and Dikoko (determining the quantum of damages in defamation cases) Mokgoro brought to bear her life views and expressed them in ways that continue to shape the ubuntu jurisprudence of the Court. Even post-Bench she has continued to live out her convictions that the Constitution should reflect values that South Africans can accept as their own in order to ensure its legitimacy. -
Justice Yvonne Mokgoro, Doctor of Laws
CITATION: YVONNE MOKGORO Justice Yvonne Mokgoro was appointed Justice of the Constitutional Court in 1994 and served that Court until 2009. She is known and admired for her commitment to sociological jurisprudence particularly in the fields of human rights, customary law and the impact of law on society generally, and on women and children specifically. She was born in Galeshewe Township near Kimberley and matriculated at the local St Boniface High School in 1970. She studied at the University of Bophuthatswana from 1982 to 1987 where she obtained the B.luris LLB and LLM degrees. She has also been awarded a LLM degree by the University of Pennsylvania. Her work experience prior to her judicial career covered a wide field including nursing, sales, clerking and employment as a maintenance officer and public prosecutor. Her passion and interest in education and research was evidenced by her employment at various academic institutions including the universities of Bophuthatswana, Western Cape and Pretoria as well as teaching at universities in the United Kingdom, the United States of America and the Netherlands. Her courses included Constitutional Law, Human Rights Jurisprudence, Comparative Law and Customary Law, and she rose to the rank of an associate professor. She was also employed as a specialist researcher (human rights) at the Centre for Constitutional Analysis at the Human Science Research Council. In the course of her legal career she participated in a number of research projects and held positions on various non- governmental organisations including community-based organisations and other initiatives in South Africa and internationally where she was used extensively as a resource person. -
Harmony and Discord in South African Foreign Policy Making
Composers, conductors and players: Harmony and discord in South African foreign policy making TIM HUGHES KONRAD-ADENAUER-STIFTUNG • OCCASIONAL PAPERS • JOHANNESBURG • SEPTEMBER 2004 © KAS, 2004 All rights reserved While copyright in this publication as a whole is vested in the Konrad-Adenauer- Stiftung, copyright in the text rests with the individual authors, and no paper may be reproduced in whole or part without the express permission, in writing, of both authors and the publisher. It should be noted that any opinions expressed are the responsibility of the individual authors and that the Konrad-Adenauer-Stiftung does not necessarily subscribe to the opinions of contributors. ISBN: 0-620-33027-9 Published by: Konrad-Adenauer-Stiftung 60 Hume Road Dunkeld 2196 Johannesburg Republic of South Africa PO Box 1383 Houghton 2041 Johannesburg Republic of South Africa Telephone: (+27 +11) 214-2900 Telefax: (+27 +11) 214-2913/4 E-mail: [email protected] www.kas.org.za Editing, DTP and production: Tyrus Text and Design Cover design: Heather Botha Reproduction: Rapid Repro Printing: Stups Printing Foreword The process of foreign policy making in South Africa during its decade of democracy has been subject to a complex interplay of competing forces. Policy shifts of the post-apartheid period not only necessitated new visions for the future but also new structures. The creation of a value-based new identity in foreign policy needed to be accompanied by a transformation of institutions relevant for the decision-making process in foreign policy. Looking at foreign policy in the era of President Mbeki, however, it becomes obvious that Max Weber’s observation that “in a modern state the actual ruler is necessarily and unavoidably the bureaucracy, since power is exercised neither through parliamentary speeches nor monarchical enumerations but through the routines of administration”,* no longer holds in the South African context. -
Reform Review Anticipate
SOUTH AFRICAN LAW REFORM COMMISSION THIRTY-SIXTH ANNUAL REPORT 2008/2009 REVIEW REFORM ANTICIPATE THE PAST THE PRESENT THE FUTURE To Mr J T Radebe MP Minister of Justice and Constitutional Development I have the honour to submit to you, in terms of section 7(2) of the South African Law Reform Commission Act 19 of 1973, the Commission’s report on all its activities from 1 April 2008 to 31 March 2009 Yours sincerely Madam Justice JY Mokgoro Justice of the Constitutional Court Chairperson of the South African Law Reform Commission GALLERY OF COMMISSIONERS 2008/2009 Justice JY Mokgoro Judge WL Seriti Ms TN Madonsela Chairperson and Justice Vice-Chairperson and Full-time Member of the Constitutional Judge of the Gauteng Court North High Court Prof C Albertyn Judge DM Davies Mr NT Ngcukaitobi Professor of Law Judge President Practising Attorney University of the of the Competition Bowman Gilfillan Witwatersrand Appeal Court Incorporated Attorneys Advocate DB Ntsebeza SC Prof PJ Schwikkard Advocate M Sello Advocate of the High Court Dean of Law Advocate of the High of South Africa University of Cape Town Court of South Africa VISION MISSION To be a centre for excellence, producing The continuous reform ground-breaking research pivotal to the of the law of South Africa improvement and renewal of the legal in accordance with the system of South Africa principles and values of the Constitution to meet VALUES the needs of a changing In the execution of its duties the SALRC society operating under strives to uphold the values of equality, the rule of law integrity, inclusiveness, professionalism, impartiality, excellence, responsiveness, efficiency and respect for the dignity of others. -
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). -
Deputy Chief Justice Interview of Justice RMM Zond
Judicial Service Commission interviews 3 April 2017. Constitutional Court: Deputy Chief Justice Interview of Justice R M M Zondo DISCLAMER: These detailed unofficial transcripts were compiled to the best of the abilities of the monitor. However due to capacity constraints they have not been fully edited. We have therefore made the video recordings available that were taken during the interviews available. Those wishing to cite or quote from the transcript are encouraged to check accuracy with reference to the video file. Chairperson, Chief Justice Mogoeng Mogoeng: Good morning, Justice Zondo. Justice Zondo: Good morning Chief Justice, good morning commissioners. Mogoeng: Maybe I should ask you what I ask all candidates – Are you a bit nervous or not? Zondo: Despite the fact that I am coming to this commission for the seventh time, yes I am a bit nervous. Mogoeng: I need to declare that I have known you since we met in 1981 as first year students at the University of Zululand, and more importantly that we have been friends ever since. Commissioner Didiza: Thank you Chief Justice. I also want to declare that I have known Judge Zondo for a long time as a family friend. Mogoeng: Where were you born? Zondo: I was born at Ixopo in KZN. 1 I was one of at some stage nine children. I was the third and my father worked in Johannesburg so we lived with my mother most of the time. My father came home only very irregularly so that most of the time it was my mother who took care of us.