LSSA saddened at the passing of Judge Jake Moloi
After serving in the Department of Justice as interpreter, prosecutor and magistrate, he joined law firm Schoeman & Kellerman in Welkom as a candidate attorney. In 1979 he became the Free State’s first black attorney, opening his own practice, Jake Moloi & Partners, where he was a practising attorney until 1998. In 1996 he became a member of the Amnesty Committee of the Truth and Reconciliation Commission. He was President of the Black Lawyers Association from 1997 to 2001
With LLM degrees in Human Rights and International Trade Law, Judge Moloi was contracted by the European Union in Brussels to assist in regulating and improving international trade relations from 2003 to 2006. Upon his return to South Arica, he served as an acting judge on the Free State, Northern and Western Cape Benches for several terms in 2008 and 2009, and was appointed a permanent judge in the Free State Division of the High Court in 2009.
The LSSA is deeply saddened at the loss of this giant of the legal profession who was so instrumental in unifying attorneys in this country. The LSSA wishes to uphold his memory by continuing to act in the interests of the profession.
We extend the sincere condolences of the attorneys’ profession to Judge Moloi’s family and friends, and to his fellow judges on the Free State Bench.
ISSUED ON BEHALF OF THE CO-CHAIRPERSONS OF THE LAW SOCIETY OF SOUTH AFRICA, WALID BROWN AND DAVID BEKKER
by the Law Society of South Africa Communication Department
Contact: Barbara Whittle, Communication Manager, barbara@LSSA.org.za (012) 366 8800 or 083 380 1307
Nomfundo Manyathi-Jele, Communications Officer, nomfundom@LSSA.org.za Tel: (012) 366 8800 or 072 402 6344.
LSSA saddened at the passing of Judge Jake Moloi
Appointment of Madam Justice Leona Theron of the Supreme Court of Appeal as a Justice of the Constitutional Court
Notwithstanding her humble beginnings she persevered in her chosen profession with commitment, determination, energetic application and was soon regarded as a highly respected advocate. At the very young age of 33 Justice Theron was one of the youngest appointees to judicial office and was thereafter appointed as a Judge of the Supreme Court of Appeal.
In such office she further distinguished herself and built an enviable reputation and illuminating career respected both by her peers and the legal profession both as a practitioner and subsequently as a Judge. She assiduously applied the provisions of our noble Constitution in the belief that our survival, prosperity and greatness as a nation was dependent on our ability as a nation, through its institutions of governance, to give content to the values of the Constitution. These, inter alia, address the issues of dignity, equality and freedom as well as address historical and legacies issues of discrimination and socio-economic inequality.
In 2008 Theron handed down a seminal judgment in the KZN High Court when she ruled that women in customary marriages were, in effect, married in community of property and so accrued similar rights and benefits.
In Gumede (born Shange) v President of the Republic of South Africa and Others, Theron wrote that the “proprietary regime established by the codification of customary law, is, prima facie, discriminatory. It is discriminatory as only South African women are subjected by the law to such consequences. The discrimination is on two of the prohibited grounds listed in Section 9(3) of the Constitution, namely race and gender.”
Justice Theron, in her private life, is a deeply committed to her family and friends. In the past she has made time for an active engagement in the training of aspirant Judges; she is an accomplished pianist and violinist and also has a passion for poetry.
Her appointment is an inspired one and will be a further credit to the esteem in which the South Africa judiciary is held, especially for its independence.
LSSA welcomes the appointment of Justice Raymond Zondo as Deputy Chief Justice
‘Justice Zondo brings 20 years of experience in the judiciary to the Office of Deputy Chief Justice. We offer the support of the attorneys’ profession to Justice Zondo in his new role as Deputy Chief Justice,’ say LSSA Co-Chairpersons David Bekker and Walid Brown.
The LSSA supported the nomination of Justice Zondo and recommended his appointment as Deputy Chief Justice in correspondence to the Judicial Service Commission (JSC) prior to his interview.
Justice Zondo served as a judge of the Labour Court and then as President of the Labour Appeal Court prior to his appointment as an Acting Judge of the Constitutional Court from November 2011 to May 2012. He was appointed as Justice of the Constitutional Court in September 2012.
‘The Constitutional Court functions mostly as a Court of Appeal. To this end, the experience that Justice Zondo has obtained as President of the Labour Court and Labour Appeal Court has been invaluable,’ say Mr Bekker and Mr Brown.
They add; ‘As Judge of the Labour and Labour Appeal Courts he handed down a number of judgements which shaped the development of a sound labour law jurisprudence for our country. During his leadership as President of the Labour Appeal Court, he was responsible for the transformation of that court in terms of racial and gender composition.’
In his documents submitted to the JSC, Justice Zondo mentioned the challenges facing the country regarding the appointment of women to leadership positions in the judiciary. ‘We urge Justice Zondo to take concrete steps to ensure that women are appointed to leadership positions in the judiciary,’ say Mr Bekker and Mr Brown.
ISSUED ON BEHALF OF THE CO-CHAIRPERSONS OF THE LAW SOCIETY OF SOUTH AFRICA, WALID BROWN AND DAVID BEKKER
by the Law Society of South Africa Communication Department
Contact: Barbara Whittle, Communication Manager, barbara@LSSA.org.za (012) 366 8800 or 083 380 1307
Nomfundo Manyathi-Jele, Communications Officer, nomfundom@LSSA.org.za Tel: (012) 366 8800 or 072 402 6344.
LSSA welcomes the appointment of Justice Raymond Zondo as Deputy Chief Justice
LSSA strongly condemns disturbing personal attacks on Judge Bashier Vally and on the judiciary
The Law Society of South Africa (LSSA) once again reiterates its previous condemnation against any attack on the judiciary. In particular, we now again strongly condemn the disturbing personal attack by a branch of the ANC Youth League and by Mr Mzwanele Manyi, on Judge Bashier Vally as a result of Judge Vally’s judgment against President Zuma, in the North Gauteng High Court last week. Such unwarranted attacks appear to have the sole aim of undermining the judiciary and thereby fail to be in the interest of society.
The court ordered the President to submit the record and reasons of the decision to reshuffle his Cabinet on 31 March 2017. The LSSA has noted the announcement by President Zuma that he has filed an application for leave to appeal the decision of the court. It is the President’s right to do this.
‘It is, however, established law that executive decisions are subject to a challenge based on legality and rationality, as was conceded by the President in this matter. But even if this were not the case, we are shocked by the disturbing accusations against Judge Vally – and the judiciary in general -- and regard them as an attack on the rule of law and the independence of the judiciary,’ say LSSA Co-Chairpersons Walid Brown and David Bekker.
Should they feel strongly about their convictions, the LSSA urges the complainants to submit these complaints with full grounds to the Judicial Service Commission for urgent investigation, as this is the correct body to investigate such serious allegations against a judge.
The LSSA further urges the African National Congress and Government to distance themselves from these irresponsible public statements, which in the absence of substantiated allegations, must be seen as an attack on the judiciary.
ISSUED ON BEHALF OF THE CO-CHAIRPERSONS OF THE LAW SOCIETY OF SOUTH AFRICA, WALID BROWN AND DAVID BEKKER
by the Law Society of South Africa Communication Department
Contact: Barbara Whittle, Communication Manager, barbara@LSSA.org.za (012) 366 8800 or 083 380 1307
Nomfundo Manyathi-Jele, Communications Officer, nomfundom@LSSA.org.za Tel: (012) 366 8800 or 072 402 6344.
Editor’s note:
The Law Society of South Africa brings together its six constituent members – the Cape Law Society, the KwaZulu-Natal Law Society, the Law Society of the Free State, the Law Society of the Northern Provinces, the Black Lawyers Association and the National Association of Democratic Lawyers – in representing South Africa’s 25 200 attorneys and 5 700 candidate attorneys.
LSSA strongly condemns disturbing personal attacks on Judge Bashier Vally and on the judiciary
LSSA urges Judicial Service Commission to scrutinise judicial candidates for racist tendencies
The Law Society of South Africa (LSSA) notes the resignation of High Court Judge Mabel Jansen, as announced by the Department of Justice and Constitutional Development yesterday. The now infamous comments by Judge Jansen on social media have been correctly condemned in all sectors of our society.
The LSSA once again condemns any form of racism in our society and particularly within the judiciary. As a profession and a country we rightly look upon our independent judiciary with pride.
However, there is no place for any undercurrent of racism in judges appointed to the Bench. In this regard the recent revelations at the Judicial Service Commission (JSC) interviews about alleged institutional racism in some of our courts, are also noted. Should these allegations be based on any semblance of fact, it is also condemned unconditionally.
In this regard the LSSA encourages the JSC to continue interrogating any potential judicial appointees on any history of racist tendencies. In order for us to move forward as a society we need to start respecting each individual as an equal, as enshrined in our Constitution.
ISSUED ON BEHALF OF THE CO-CHAIRPERSONS OF THE LAW SOCIETY OF SOUTH AFRICA, WALID BROWN AND DAVID BEKKER
by the Law Society of South Africa Communication Department
Tel: (012) 366 8800 or website: www.LSSA.org.za
Contact:
Barbara Whittle, Communication Manager 083 380 1307; barbara@LSSA.org.za
Nomfundo Manyathi-Jele, Communications Officer 072 402 6344; nomfundom@LSSA.org.za
LSSA urges Judicial Service Commission to scrutinise judicial candidates for racist tendencies
Placing the blame for medical malpractice suits at the door of attorneys will not lead to the improvement of the standard of public health care for the majority in South Africa
The Council of The Cape Law Society has noted with grave concern the recent report in the Daily Dispatch where MEC Belinda Francis Scott is quoted, inter alia, as saying that attorneys are “not only criminal, but parasitical. They are vultures”.
There appears to be an unfortunate tendency, by the Minister and some of the MEC’s responsible for health, of avoiding responsibility for the weaknesses in their Departments, by deflecting public attention away from these weaknesses and focusing attention on the contingent liability claims against their Departments, coupled with the suggestion that attorneys manufacture these claims against the State, which results in a budgetary crisis. No mention is made of the poor service that the majority of the population is subjected to daily in the public health facilities of South Africa, which ultimately gives rise to such claims.
It is not constructive, is unhelpful and is in fact a disservice to the majority of the public who rely on these services to overlook the symptoms of a dysfunctional public health service in South Africa and to instead blame attorneys for those symptoms. A person who believes that he/she has suffered damages as a result of medical negligence is entitled to be advised and represented by an independent attorney, to have his/her matter determined in a fair public hearing before a court and if so determined by a court, to receive compensation. The same right to approach courts to enforce rights is exercised regularly by public officials whenever they wish to assert certain rights or defend themselves against claims of various natures. The Department is plainly not in a position to assist a person who has been injured and suffered damages as this would give rise to a clear conflict of interest.
Attorneys promote the right to access to justice that is enshrined in Section 34 of the Bill of Rights. They help members of the public, who may sometimes be impecunious, to take cases to court where the judiciary determines the merits of each case without fear, favour or prejudice. They do this consistent with their oath of office (see Schedule 2, Item 6 (1) of the Constitution).
It is of great concern that some political leaders responsible for health have expressed the view that users of public sector health care facilities should be denied their constitutional right of access to justice. In all medical negligence cases, the Department of Health is legally represented. Where the Department loses cases brought against it, its lawyers ought not to be victimised, as they cannot be expected to undo the negligence that health care professionals visit on those members of the public who place their lives in the hands of health care professionals.
The Department of Health should respect the right of all South Africans to access to quality health care as enshrined in Section 27(1)(a) of the Bill of Rights and must respect the dignity of all the people of South Africa as enshrined in Section 10 of the Bill of Rights.
The Cape Law Society calls on those political leaders responsible for health to refrain from making unfair generalisations and ill considered public pronouncements that are calculated to tarnish the image of the legal profession in South Africa. Such antics are not constructive.
Those political leaders responsible for health who are unable to ensure that the majority of the people of South Africa receive the high quality health services they deserve, should do the responsible thing and resign as soon as possible.
The Cape Law Society believes that an improved understanding can be enhanced through dialogue and extends an invitation to political leaders responsible for health to engage in constructive discussions with the organised legal profession in the spirit of working together. Furthermore, The Cape Law Society will not hesitate to take action against any attorney found to have acted unprofessionally by touting for work at hospitals. The Department is encouraged to report any such instances to The Cape Law Society.
Issued by
Lulama Lobi
Acting President of The Cape Law Society
Issued on behalf of the Council of the Cape Law Society
24 April 2017
The Cape Law Society
Tel: (021) 443 6700„ Fax: (021) 443 6751/2„ Email: cls@capelawsoc.law.za„
Website: www.capelawsoc.law.za
