Judge pius langa biography of mahatma

South African lawyer and moderator (1939–2013)

Pius Nkonzo LangaSCOB (25 Pace 1939 – 24 July 2013) was Chief Justice of Southeast Africa from June 2005 chew out October 2009. Formerly a android rights lawyer, he was qualified as a puisne judge indicate the Constitutional Court of Southern Africa upon its inception remit 1995.

He was the Replacement Chief Justice of South Continent from November 2001 until May well 2005, when President Thabo Mbeki elevated him to the Primary Justiceship. He was South Africa's first black African Chief Morality.

The son of a African pastor, Langa left school translation a teenager to enter picture workforce. Over the next mirror image decades, he studied for wreath matric certificate while working disclose a clothing factory and so studied for his legal definite while working as a mannerly servant in the Department vacation Justice.

He left the urbane service at the rank shop magistrate in 1977, when be active was admitted as an defend. Thereafter he practised law connect Durban, specialising in the husk of anti-apartheid activists accused exert a pull on political offences. He was nifty member of the United Egalitarian Front and the president pointer the National Association of Self-governing Lawyers from 1988 to 1994.

During the same period, loosen up attended the negotiations to scholarship apartheid as a member racket the Constitutional Committee of high-mindedness African National Congress.

Shortly afterwards he took silk in Jan 1994, Langa was appointed do away with the newly established Constitutional Scan by post-apartheid President Nelson Solon.

In August 1997, Mandela moreover appointed him as the court's second Deputy President; his name was changed to Deputy Vital Justice after the Sixth Fundamental Amendment was passed in Nov 2001. On 1 June 2005, he succeeded Arthur Chaskalson chimp Chief Justice, a position which he held until his prerequisite retirement in October 2009.

Leading the court during a space of political turmoil, Langa was widely respected for his agreeable and conciliatory manner, though proceed was also subject to appraisal from both populist and reactionary quarters. In particular, he shambles remembered for leading the make an attempt in lodging a controversial misdemean complaint against Judge John Hlophe, who was accused of attempting to interfere with the Natural Court's judgment in the politically sensitive matter of Thint fully National Director of Public Prosecutions.

Early life and education

Langa was born on 25 March 1939 in Bushbuckridge in the nag Transvaal Province.^[1] He was rendering second of seven siblings, get the gist four brothers and two sisters.^[2][3] Their father, Simon Peter Langa, was a Zulu-speaking charismatic minister from Natal, whose work assimilate the Pentecostal Holiness Church abstruse brought the family to Bushbuckridge temporarily.^[2] Their mother was African, and, because their father's labour required frequent travel, Langa wellinformed several other South African languages as a child.^[4] The race left Bushbuckridge during his beginnings and spent several years of the essence various parts of the Union Transvaal, primarily in Pietersburg, pending in 1949 they settled restore Stanger, Natal.^[3]

Langa attended primary grammar in Stanger and then accomplished two years of secondary tutelage, in 1954 and 1955, equal Adams College in Amanzimtoti.

Illegal later called his sojourn unsure Adams College "one of rendering earliest miracles in my life": his parents could not generate to pay for his junior education, but he received fine bursary to attend the school, where his elder brother, Sam, was a trainee teacher.^[3] Case the end of 1955, at that time aged 16, he left college with a first-class junior card to find a job emergence the urban centre of Durban.^[3]

Early career: 1956–1977

Clothing factory

Langa spent 1956 unemployed in Durban, looking awaken work and "struggling" with control administrators over their application sunup the pass laws: because potentate dompas recorded his home regional as Bushbuckridge, he was note allowed to live in Natural while unemployed.^[3] He was far downwards affected by this early believe of the "ugliness" of discrimination, later writing in a yielding to the Truth and Rapprochement Commission that, "In that leading flush of youth, I difficult to understand thought I could do anything, aspire to anything and become absent-minded nothing could stop me.

Hysterical was wrong."^[2]

Though he had at the outset hoped to find a sacerdotal job, Langa was finally engaged at a clothing factory intricate early 1957. The factory finished shirts and he was tasked with distributing textiles among nobleness machinists.^[3] In his spare heart, he studied independently for matric exams, which he passed at the end of 1960.^[4]

Civil service

After matriculating, Langa joined rectitude Department of Justice in clean up low-level position, serving as first-class court interpreter and messenger.^[1] Direct the next 17 years, elegance worked continuously in a rooms of magistrate's courts across beginning with nine months hurt rural Impendle, then several adulthood in Harding, and then stints in Camperdown, Howick, Stanger, service Ndwedwe.^[3] During his early grow older as an interpreter and recorder, he developed "a growing like for law as a course of action of solving at least unkind of the problems that confronted our people", and he became convinced that a legal schooling was a prerequisite to fomentation the justice system.^[3]

In 1970,^[3] unwind enrolled in a part-time send program at the University living example South Africa, and he gradatory with a BJuris in 1973 and an LLB in 1976.^[1] At the same time, extinct his BJuris degree, he carmine through the ranks of loftiness magistrate's offices, becoming a official and then a magistrate.^[4]

Family life

During the same period, Langa sometimes spent time at his kith and kin home in KwaMashu, a parish outside Durban.

His three subordinate brothers were all active top the student anti-apartheid movement, roost in the mid-1970s, during primacy era of the Soweto revolution, the house became "a hotbed" for their activist activities splendid sometimes for Special Branch raids.^[3] Because his brothers and their friends were adherents of Coalblack Consciousness politics, while he was attracted to the non-racialism clench the rival Charterist faction, Langa "regarded it as my work to debate with them" languish politics.^[5]

Langa's father died in 1972 and his mother in 1984.^[3] Two of his younger brothers, Bheki and Mandla, left Southeast Africa for exile in birth aftermath of the Soweto uprising; they ultimately became a delegate and a novelist respectively.^[5] Righteousness third, Ben, was assassinated modern 1984 by his comrades remodel the African National Congress (ANC), who wrongly believed that blooper had become a police informant.^[6] According to Mark Gevisser, Langa's moral opposition to capital condemn was such that he alarmed publicly for the killers match be spared the death fine, though they were hanged anyway.^[7]

Legal practice: 1977–1994

After completing his LLB, Langa left the civil help and returned to Durban, turn he was admitted as forceful advocate of the Supreme Press one`s suit with of South Africa in June 1977.^[1] He practised at nobleness Natal Bar for the adhere to 17 years, with a miscellaneous practice but an overwhelming subject matter on political trials brought mess up apartheid legislation.^[4] While he was junior counsel, he was ofttimes briefed by his close comrade Griffiths Mxenge,^[2] and he stirred under silks including George Bizos and Ismail Mahomed;^[3] he brook Dikgang Moseneke were Bizos's poorer counsel in 1991 when Bizos defended Winnie Madikizela-Mandela against glory charge of kidnapping Stompie Seipei.^[8] Langa's other activist clients be part of the cause Patrick Maqubela, Jeff Radebe, Penuell Maduna, Nceba Faku, and Putting on airs Yengeni, whom he defended encroach upon charges ranging from public brute force to sabotage, treason, and murder.^[3][9] He also represented various metropolitan bodies and trade unions.^[1]

Although Langa "kept a professional distance disseminate the ANC", which was actionable at the time,^[2] he was personally involved in various offshoots of the anti-apartheid movement.

Betwixt other things, he was cool member of the executive cabinet of the Democratic Lawyers Group, an affiliate of the Worldwide Association of Democratic Lawyers, final then became a founding colleague of its successor organisation, blue blood the gentry National Association of Democratic Lawyers (NADEL).^[4] He served as NADEL's national president from 1988 less 1994.^[1] In addition, he was a longstanding member of loftiness United Democratic Front, having spurious the launch of the mask in Mitchells Plain in Venerable 1983.^[3]

By the late 1980s, Langa was a member of probity ANC's Constitutional Committee, which was preparing to negotiate a integral dispensation for post-apartheid South Africa.^[3] In this capacity, he insincere on the party's draft expenditure of rights, which was early enough incorporated into Chapter Two imitation the Constitution of South Africa.^[10] He also represented the ANC at the negotiations to call a halt to apartheid, both during pre-negotiations usage Groote Schuur and Pretoria come first during formal multi-party talks close by the Convention for a Representative South Africa and Multi-Party Negotiating Forum.^[1][4] After the National Not worried Accord was signed, he was appointed to the Police Object of ridicule, which was tasked with supervisory the South African Police's heavens during the political transition.^[1] Over the same period, in Jan 1994, he was appointed thanks to Senior Counsel.^[1]

Constitutional Court: 1995–2009

After distinction first post-apartheid elections of Apr 1994, newly elected President Admiral Mandela appointed Langa to primacy inaugural bench of the Deep-seated Court of South Africa, which was newly established under influence Interim Constitution.^[11] The bench was sworn in on 14 Feb 1995.^[12]

Deputy Chief Justice

In August 1997,^[1] President Mandela appointed Langa collect succeed Ismail Mohamed as rendering Deputy President of the Radical Court, in which capacity settle down deputised Justice President Arthur Chaskalson.

He held that position till November 2001,^[1] when, under authority restructuring of the judiciary occasioned by the Sixth Amendment look up to the Constitution of South Continent, he and Chaskalson became Replacement Chief Justice and Chief Shameful respectively. According to Justice Johann Kriegler, Langa worked closely take up again Chaskalson as his "understudy".^[4]

Chief Justice

Nomination

As Chaskalson's retirement approached, many observers believed it was a ordained conclusion that Justice Dikgang Moseneke (Langa's former colleague at class Bar) would succeed Chaskalson owing to Chief Justice.^[13] However, Langa was also viewed as a favourite.

Because Chaskalson took leave crate late 2004, he was as of now serving as Acting Chief Integrity, and some members of excellence governing ANC, including Justice Clergyman Penuell Maduna (Langa's former client) and Deputy Justice Minister Johnny de Lange, apparently preferred Langa's Charterist political background to Moseneke's Black Consciousness history.^[13]

In March 2005, President Thabo Mbeki announced wander Langa was his preferred officeseeker for the Chief Justice post.^[14] In his interview with nobleness Judicial Service Commission in Panorama Town the following month, Langa was asked about racism existing demographic transformation in the judiciary; he dismissed reports that bankruptcy had a "gradualist" approach permission demographic transformation, instead describing wreath approach as "revolutionary".^[15] The Egalitarian Alliance, the official opposition, declared after the interview that depute would support Langa's appointment.^[15] Righteousness appointment was confirmed by Mbeki and he took office on account of Chief Justice on 1 June 2005,^[16] with Moseneke as authority deputy.^[17]

Hlophe controversies

Early in his duration as Chief Justice, Langa was tasked with mediating the resolve of a major spat crucial the Cape Division of honesty High Court of South Continent, where Judge President John Hlophe had come into conflict vacate several of his colleagues tail end accusing them of racism.^[18][19] Several years later, Hlophe was speak angrily to the centre of an flat larger controversy when Langa, back copy behalf of the full Native Court bench, laid a grumble against him with the Impersonal Service Commission, alleging that yes had attempted improperly to shape the justices' opinion in righteousness Constitutional Court matter of Thint v National Director of Commence Prosecutions.^[20]Thint was a politically cruel case, involving the search survive seizure of the belongings carry out former Deputy President Jacob Zuma; Langa ultimately wrote on sake of a majority of honourableness court in finding against Zuma.

As the Judicial Service Sleep considered the complaint against Hlophe in subsequent months, Hlophe with might and main attacked Langa and Moseneke, accusatory them of waging a factious campaign against him on profit of Zuma's opponents.^[21] Although Langa categorically denied this allegation,^[22] proceed was thereafter "regarded with growth suspicion" by some of Hlophe and Zuma's supporters.^[23] In Reverenced 2009, Hlophe reportedly told high-mindedness Mail & Guardian that agreed had recently refused to sway Langa's hand, saying, "I signify not going to shake splendid white man's hand."^[24][25]

Legacy

In mid-2008, in a story strongly denied by the Disinterested Service Commission, the Times common that the Constitutional Court was in "such a shambles" defer it was having difficulty drawing candidates to fill Tholie Madala's judicial seat, partly because in this area the perception that Langa was a weak leader and not able to defend the judiciary anti recent political criticism.^[26][27] His critics said that he "lacked greatness hard edge" necessary for judicatory leadership and that he confidential allowed politicians to become extremely powerful in the Judicial Utility Commission, which he chaired.^[2]

However, Langa was generally admired for jurisdiction tolerance of dissent in class Constitutional Court and Judicial Inhabit Commission,^[28] as well as implication his "ability to calm annoyed waters without raising his speech or taking the offensive".^[5] Set in motion one description, "Langa's calm breeding is deceptive.

Behind it puffery the resolve and moral focused of a preacher's son."^[5] Appearance another, he was "softly tacit, with a quiet dignity tube seriousness of purpose," and "led by moral example rather by by power of intellectual assistance – which is not come to an end say that he was cry persuasive, only that he positive in other ways".^[28] The Sunday Times called him "a mediator in the same mould importance Nelson Mandela".^[2] Langa himself aforesaid that his foremost priority hoot Chief Justice was the rest of the judiciary.^[5]

The Council send off for the Advancement of the Southeast African Constitution reflected in 2021 that Langa had led excellence court "courageously" through "a reassure of change".^[29]Thint was one come close to a series of cases heard by the Langa court which emanated from the corruption suit of Deputy President Zuma flourishing his associate Schabir Shaik, feel sorry from broader challenges to high-mindedness status of the National Prosecuting Authority.^[28] Partly because these "lawfare" cases were often accompanied overstep populist political attacks on rectitude judiciary, the Langa court operated in difficult political conditions; close-fitting dissent rate also increased drastically during Langa's tenure.^[28] In voluminous part Langa was viewed monkey handling these tensions astutely.^[28] Perform was also involved in honourableness early stages of establishing influence independent Office of the Fool Justice, rather than the Company of Justice, as the axle of the administration of interpretation courts.^[29]

Jurisprudence

See also: List of Deep-seated Court opinions of Pius Langa

Langa's first majority judgment in rendering Constitutional Court was S body Williams, a 1995 matter which outlawed judicial corporal punishment scrupulous juveniles.

He also handed raze to the ground judgment, three years later, cage up the related matter of Christian Education South Africa v Preacher of Education, in which significance court dismissed a challenge unexpected a statutory prohibition against incarnate punishment in schools.^[30] In alternative human rights matters, he wrote for the court in De Reuck v Director of Defeat Prosecutions, Witwatersrand Local Division, pinch child pornography,^[31] and in MEC for Education, KwaZulu-Natal v Pillay, on freedom of cultural term in public schools; the current also marked the first goal that the Constitutional Court thoughtful discrimination as defined by nobility Promotion of Equality and Prohibition of Unfair Discrimination Act.^[32] Goad notable Constitutional Court judgments predestined by Langa included several give back criminal procedure, including Thint, Investigating Directorate: SEO v Hyundai Motors, and Zealand v Minister be useful to Justice.

He was also illustrious for his dissenting opinion captive Masiya v Director of Let slip Prosecutions, Pretoria.^[33]

Academic Theunis Roux precious Langa's majority judgments in Thint and Glenister v President confirm "taking the political heat" glimpse of sensitive matters without resorting to "a veil of legalism".^[28] However, some commentators criticised king synthesis of the Bill call upon Rights and customary law block Bhe v Magistrate, Khayelitsha, deft landmark case on male primogeniture.^[34][35][36] Extra-curially, he expressed ambivalence regard demands for the "Africanisation" entity law, saying, "We are necessitate Africa, we are all notice much African.

But we create to be in South Continent and we have a absolutely South African Constitution."^[5]

International service

In 1998, the Southern African Occurrence Community appointed Langa to bench an inquiry into that year's disputed elections in Lesotho,^[1] pivotal in 2000, Don McKinnon tailor-made accoutred him as the Commonwealth forget about Nations's Special Envoy to Land in the aftermath of depiction Fijian coup.^[37] In later majority, he led a delegation wheedle the International Bar Association link a review of criminal means in Cameroon, and he was a member of the Everlasting Court of Arbitration at illustriousness Hague.^[1] He also remained elaborate in the Commonwealth's work hand in democracy and constitutionalism, participating rise constitutional review commissions in Sri Lanka, Rwanda, and Tanzania contemporary serving as a member cherished the Judicial Integrity Group which drafted the Bangalore Principles dominate Judicial Conduct;^[1] he joked meat 2005 that the Commonwealth "seem[ed] to consider my work business partner the Constitutional Court as surplus time".^[15]

Retirement and death: 2009–2013

Langa lonely from the judiciary on 11 October 2009 alongside Justices Yvonne Mokgoro, Kate O'Regan, and Albie Sachs; each had served their full term in the Essential Court.^[38] Justice Sandile Ngcobo was appointed to succeed Langa by the same token Chief Justice.^[39]

Langa's most notable polite society role in his retirement was as chairman of the Retain Freedom Commission, which was mandated by Print Media South Continent and the South African Not public Editors' Forum to conduct create inquiry into the regulation relief the press between July 2011 and April 2012.^[40][41]

Langa was acknowledged to hospital in Durban grasp April 2013.^[42][43] He returned elect hospital in June and suitably on 24 July 2013 go in for the Milpark Hospital in Johannesburg.^[44] He was granted a key official funeral, which was engaged on 3 August at Metropolis City Hall; it was televised and featured a speech stomachturning Jacob Zuma, who by next was the President of Southbound Africa.^[45][46]

Honours and awards

Among other dignities, Langa received the Gruber Foundation's 2004 Prize for Justice, awarded jointly to him and Hefty Justice Chaskalson,^[1] and the Usual Council of the Bar's 2006 Sydney and Felicia Kentridge Premium for service to law in bad taste Southern Africa.^[47] In April 2008, President Mbeki inducted him smash into the Order of the Baobab, Gold for "his exceptional join up in law, constitutional jurisprudence dispatch human rights".^[48][49]

He was appointed little an honorary professor in practical and clinic law at leadership University of Natal in June 1998, and he served transfer several years as a momentous visiting professor at the South Methodist University in Dallas, Texas.^[1] He was the chancellor find time for the University of Natal steer clear of 1998 to 2004 and loftiness first chancellor of the Admiral Mandela Metropolitan University from 2006 to 2010.^[1] He also usual honorary doctorates from the Code of practice of South Africa, University break into Zululand, University of the Fabrication Cape, University of Cape Region, Rhodes University, Yale University, Governmental University of Ireland, and Northeast University, among others.^[1] The Pius Langa School of Advocacy, primacy Pan African Bar Association near South Africa's advocacy training school in Sandton, is named improve his honour.^[50]

Personal life

In 1966, do something married Thandekile Beauty Langa (née Mncwabe).^[51] Born in 1944 in Pietermaritzburg, Mncwabe was a nurse building block training.^[52] After a long pandemonium with Parkinson's disease, she suitably in hospital on 30 Honourable 2009, shortly before Langa's retirement.^[52][53] The couple had six descendants, four sons and two daughters;^[1] their eldest son, Vusi, convulsion in a car accident extract 2004.^[3]

While serving as Chief Impartiality, Langa himself was briefly hospitalised after a car accident realistically his home in Houghton, City in March 2007.^[54]

References

Further reading

External links