The Judiciary March 2018 CCJA Bureau Meets in Durban Enhancing Judicial Accountability The State Capture Commission CONTENTS Editorial Staff and Contributors. 2 CCJA Bureau Meeting Editors Judge President John Hlophe & 4 Justice receives Biko-Fanon Award Judge President Dunstan Mlambo. Writers Lindo Nkomonde; Pfunzo 5 Justice Nkabinde retires Mafenya, and Yvonne van Niekerk. 6 State of the Nation 2018 Photographers Cornelius Silaule, Pfunzo Mafeny and Murendeni Mugivhi. 7 State Capture Commission Thanks To Judicial Contributors 10 Enhancing Judicial Accountability 10 SAJEI Workshop 13 Seminar on organised crime 16 The Gentleman Judge remembered NATIONAL OFFICE 188 14th ROAD NOORDWYK MIDRAND 1685 010 493 2500 [email protected] www.judiciary.org.za From the Editor Dear colleagues, Cooperation between African Jurisdictions for the advancement of constitutionalism and the rule of law Welcome to 2018 and to our first Issue for the year! was also the theme when the South African We trust that you have had a good start to the year Judiciary met with Judges from neighbouring states and that, so far, you are on track with all the goals to share experiences on the adjudication of you have set yourselves for the current twelve organised crimes, specifically relating to human month period. trafficking, wildlife trafficking and money laundering. We expand more on this event on pages 11 and 12. A lot has happened within the Judiciary space since the last time we published this newsletter. Notable Lastly, but certainly not least; we are all aware that among these was the retirement of our esteemed the Honourable Deputy Chief Justice of the Republic colleague, Justice Bess Nkabinde, whose twelve of South Africa, Judge Ray Zondo, was appointed year term at the Constitutional Court ended in by the former President of the Republic of South December 2017. A moving farewell ceremony was Africa, President Jacob Zuma, to chair the held in her honour – read about it on page 4. We Commission of Inquiry into Allegations of State of take this opportunity to wish her an enjoyable Capture, Corruption and Fraud in the Public Sector retirement. including Organs of State in January this year. This is a momentous task that has been given to the As we all know, His Excellency the Chief Justice of Deputy Chief Justice and the work of the the Republic of South Africa, the Honourable Commission will be watched closely not only within Mogoeng Mogoeng, has since April 2017 been our borders, but also beyond by the global serving the Judiciaries of the Continent of Africa as community. In March, the Deputy Chief Justice the President of the Conference of Constitutional announced a high-level team that will assist him in Jurisdictions of Africa (CCJA). undertaking this work. The details are page 7. We assure the Deputy Chief Justice of our full support The CCJA is an organisation which brings together as he undertakes this important assignment. the African constitutional jurisdictions (Constitutional Council, Court, Tribunal, Supreme Court, and We trust that you will enjoy this Issue as much as Constitutional Chambers) and aims to support and you enjoyed our first one! deepen democracy in the African continent by upholding constitutionalism and the rule of law in Judge President John Hlophe the member states. The CCJA Executive Bureau, Chairperson: Judicial Communications led by His Excellency Chief Justice Mogoeng Committee Mogoeng, held its 9th Annual Session in January to discuss its programme of action for the year as well The South African Judiciary as constitutional developments in its various member countries. You can read more about the @OCJ_RSA great work the CCJA is doing on pages 2 and 3. @OCJ_RSA T H E J U D I C I A R Y | 1 T H E C C J A C O N C E R N E D A B O U T T H R E A T S T O J U D G E S Chief Justice Mogoeng Mogoeng issued by the CCJA raising concern lauded by other jurisdictions of the says the Conference of about negative remarks allegedly world as ‘trend-setting’. Constitutional Jurisdictions of made by President Uhuru Kenyatta Africa (CCJA) is concerned about following a decision of the Supreme “During the course of elections [in threats to Judges in the African Court of Kenya that nullified his re- Kenya], when [Judges] were continent by ‘powerful forces’ who election as President last year. reportedly subjected to want to erode the independence of unprecedented insults – and what the Judiciary. In a media statement on behalf of could have been understood to be the CCJA, Chief Justice Mogoeng utterances of intimidation by very He was speaking during a media Mogoeng said “The CCJA and the powerful forces in their country – briefing in his capacity as the South African Judiciary, are deeply caught not only the eyes of major President of the CCJA at the concerned about the remarks players in the continent, but also conclusion of its 9th Annual reportedly made by His Excellency major players in the global stage. Session of the Executive Bureau President Uhuru Kenyatta about So much so that, when we held in Durban on 24 January 2018. Chief Justice Maraga and other the Congress of the World colleagues in the Kenyan Judiciary… Conference of Constitutional Chief Justice Mogoeng Mogoeng His Excellency the President is Jurisdictions in Lithuania, our said the Session of the Executive reported to have said that Kenya has intervention was so trend-setting Bureau had spent some time a ‘problem’ with its Judiciary that that it became a subject matter of deliberating on this matter so that must be fixed, asked ‘who even extended deliberations by the the CCJA could intervene elected you’, and said ‘six people world body,” said Chief Justice decisively in instances where the have decided that they will go Mogoeng Mogoeng during the independence of the Judiciary was against the will of the people’. He media briefing. threatened. allegedly went so far as to label the Chief Justice and his colleagues as Chief Justice Mogoeng Mogoeng The CCJA has intervened in a ‘wakora’ or ‘crooks’.” attended the 30th African Union number of such cases in the (AU) summit in Addis Ababa and African continent. One of these Chief Justice Mogoeng Mogoeng used the opportunity to raise these interventions was the statement said that this intervention was issues with the political leadership T H E J U D I C I A R Y | 2 CCJA Sets Agenda for 2018 of the continent. He was invited in understand better the challenges The CCJA’s 9th Annual Session of his capacity as President of the facing the AU in enforcing the AU the Executive Bureau was held to CCJA as a special guest to the Charter on Human and People’s discuss its programme of action for summit by AU Commission Rights and the strengthening of the year as well as constitutional chairperson Moussa Faki judiciaries in constitutional developments in its various Mahamat. democracies, but he was also there member countries. to advise the politicians about the It was meant to help him worries of Judges on the continent. Chief Justice Mogoeng with Mr. Medelci Mourad (President of the Constitutional Court of Algeria and Madam Justice Guilhermina Contreiras Prata (Vice President of the Constitutional Tribunal of Angola). Deputy Chief Justice Zondo addressing delegates at the Gala Dinner. From L-R: Mr. Aboudou Salami Maman Sani (Secretary-General of the CCJA; Chief Justice Mogoeng Mogoeng (President of the CCJA); Mr. Laraba Moussa (Deputy Secretary General of the CCJA) and Mr. Tabbech Abdelmadjid (Treasurer General of the CCJA). Delegates visited cultural and tourist sites in Durban Chief Justice Mogoeng addressing delegates at the Gala Dinner following the Executive Bureau meeting. T H E J U D I C I A R Y | 3 C H I E F J U S T I C E M O G O E N G R E C I E V E S B I K O - F A N O N A W A R D Chief Justice Mogoeng Mogoeng received the Biko of Chief Justice Mogoeng’s contributions to public Fanon Award for Psychological Liberation. The awareness, creating a singular source of hope for award - jointly made by the Steve Biko Foundation, morality in the South African and continental the Psychological Society of South Africa (PsySSA), citizenry. He was honoured during an evening event the Pan-African Psychology Union (PAPU) and the held at Zoo Lake Bowling Club in Johannesburg on Fondation Frantz Fanon - was made in recognition March 12. Chief Justice Mogoeng received the Biko-Fanon Award for Psychological Liberation, and was presented with a blanket depicting Steve Biko the father of Black Consciousness. Well known musician Sipho ' Hotstix' Mabuse performed at the event, held at Zoo Lake. T H E J U D I C I A R Y | 4 J U S T I C E B E S S N K A B I N D E R E T I R E S December 2017 marked On December 7, a ceremonial Constitutional Court Judge Bess sitting of the Constitutional Court Nkabinde’s end of her twelve was held in which Judge year term as a Justice of the Nkabinde handed down her last Constitutional Court of the judgment. The judgment on her Republic of South Africa. She final day was on a labour matter was bade farewell in a two-part where she found Section 38(2) ceremony during 6 and 7 (b)(i) of the Public Service Act December 2017. unconstitutional. Constitutional Court Judges Representatives from the serve for a term of twelve years.