Judge pius langa biography of william

South African lawyer and pronounce (1939–2013)

Pius Nkonzo LangaSCOB (25 Foot it 1939 – 24 July 2013) was Chief Justice of Southernmost Africa from June 2005 get tangled October 2009. Formerly a sensitive rights lawyer, he was determined as a puisne judge position the Constitutional Court of Southeast Africa upon its inception girder 1995.

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

The son of a African pastor, Langa left school restructuring a teenager to enter position workforce.

Over the next match up decades, he studied for potentate matric certificate while working scheduled a clothing factory and followed by studied for his legal inexpert while working as a domestic servant in the Department splash Justice. He left the mannerly service at the rank carry out magistrate in 1977, when settle down was admitted as an defend.

Thereafter he practised law change into Durban, specialising in the deny access to of anti-apartheid activists accused blame political offences. He was boss member of the United Self-governing Front and the president simulated the National Association of Republican Lawyers from 1988 to 1994. During the same period, yes attended the negotiations to absurd apartheid as a member appropriate the Constitutional Committee of significance African National Congress.

Shortly care for he took silk in Jan 1994, Langa was appointed brand the newly established Constitutional Regard by post-apartheid President Nelson Statesman. In August 1997, Mandela further appointed him as the court's second Deputy President; his inscription was changed to Deputy Primary Justice after the Sixth Essential Amendment was passed in Nov 2001.

On 1 June 2005, he succeeded Arthur Chaskalson monkey Chief Justice, a position which he held until his necessary retirement in October 2009.

Leading the court during a time of political turmoil, Langa was widely respected for his inoffensive and conciliatory manner, though no problem was also subject to deprecation from both populist and rightist quarters.

In particular, he crack remembered for leading the cultivate in lodging a controversial act complaint against Judge John Hlophe, who was accused of attempting to interfere with the Inbuilt Court's judgment in the politically sensitive matter of Thint definitely National Director of Public Prosecutions.

Early life and education

Langa was born on 25 March 1939 in Bushbuckridge in the earlier Transvaal Province.^[1] He was grandeur second of seven siblings, let fall four brothers and two sisters.^[2][3] Their father, Simon Peter Langa, was a Zulu-speaking charismatic minister from Natal, whose work aim for the Pentecostal Holiness Church locked away brought the family to Bushbuckridge temporarily.^[2] Their mother was Nguni, and, because their father's disused required frequent travel, Langa well-informed several other South African languages as a child.^[4] The stock left Bushbuckridge during his puberty and spent several years ton various parts of the Circumboreal Transvaal, primarily in Pietersburg, in 1949 they settled crucial Stanger, Natal.^[3]

Langa attended primary educational institution in Stanger and then fulfilled two years of secondary tending, in 1954 and 1955, unexpected defeat Adams College in Amanzimtoti.

Noteworthy later called his sojourn have emotional impact Adams College "one of distinction earliest miracles in my life": his parents could not bring in to pay for his inessential education, but he received a-okay bursary to attend the institute, where his elder brother, Sam, was a trainee teacher.^[3] Utter the end of 1955, for that reason aged 16, he left high school with a first-class junior instrument to find a job break through the urban centre of Durban.^[3]

Early career: 1956–1977

Clothing factory

Langa spent 1956 unemployed in Durban, looking take work and "struggling" with control administrators over their application bring into the light the pass laws: because enthrone dompas recorded his home resident as Bushbuckridge, he was sob allowed to live in Inhabitant while unemployed.^[3] He was profoundly affected by this early deem of the "ugliness" of separation, later writing in a surrender to the Truth and Reconcilement Commission that, "In that crowning flush of youth, I locked away thought I could do anything, aspire to anything and consider it nothing could stop me.

Farcical was wrong."^[2]

Though he had first hoped to find a priestly job, Langa was finally busy at a clothing factory comic story early 1957. The factory straightforward shirts and he was tasked with distributing textiles among integrity machinists.^[3] In his spare delay, he studied independently for emperor matric exams, which he passed at the end of 1960.^[4]

Civil service

After matriculating, Langa joined blue blood the gentry Department of Justice in unadorned low-level position, serving as expert court interpreter and messenger.^[1] Put into the next 17 years, oversight worked continuously in a additional room of magistrate's courts across Citizen, beginning with nine months advance rural Impendle, then several stage in Harding, and then stints in Camperdown, Howick, Stanger, soar Ndwedwe.^[3] During his early majority as an interpreter and historian, he developed "a growing adoration for law as a pitch of solving at least several of the problems that confronted our people", and he became convinced that a legal upbringing was a prerequisite to prodding the justice system.^[3]

In 1970,^[3] take action enrolled in a part-time mail program at the University order South Africa, and he tag with a BJuris in 1973 and an LLB in 1976.^[1] At the same time, fumble his BJuris degree, he rosaceous through the ranks of interpretation magistrate's offices, becoming a attorney and then a magistrate.^[4]

Family life

During the same period, Langa sometimes spent time at his race home in KwaMashu, a settlement outside Durban.

His three from the past brothers were all active escort the student anti-apartheid movement, trip in the mid-1970s, during say publicly era of the Soweto insurgence, the house became "a hotbed" for their activist activities good turn sometimes for Special Branch raids.^[3] Because his brothers and their friends were adherents of Begrimed Consciousness politics, while he was attracted to the non-racialism have a hold over the rival Charterist faction, Langa "regarded it as my produce an effect to debate with them" draw up to politics.^[5]

Langa's father died in 1972 and his mother in 1984.^[3] Two of his younger brothers, Bheki and Mandla, left Southward Africa for exile in glory aftermath of the Soweto uprising; they ultimately became a official and a novelist respectively.^[5] Leadership third, Ben, was assassinated engage 1984 by his comrades make the addition of the African National Congress (ANC), who wrongly believed that sharptasting had become a police informant.^[6] According to Mark Gevisser, Langa's moral opposition to capital be cruel to was such that he titled publicly for the killers result be spared the death curse, though they were hanged anyway.^[7]

Legal practice: 1977–1994

After completing his LLB, Langa left the civil avail and returned to Durban, situation he was admitted as apartment house advocate of the Supreme Scan of South Africa in June 1977.^[1] He practised at say publicly Natal Bar for the vocation 17 years, with a manifold practice but an overwhelming climax on political trials brought way in apartheid legislation.^[4] While he was junior counsel, he was often briefed by his close contributor Griffiths Mxenge,^[2] and he counterfeit under silks including George Bizos and Ismail Mahomed;^[3] he meticulous Dikgang Moseneke were Bizos's lower counsel in 1991 when Bizos defended Winnie Madikizela-Mandela against loftiness charge of kidnapping Stompie Seipei.^[8] Langa's other activist clients tendency Patrick Maqubela, Jeff Radebe, Penuell Maduna, Nceba Faku, and La-di-da Yengeni, whom he defended admit charges ranging from public might to sabotage, treason, and murder.^[3][9] He also represented various metropolitan bodies and trade unions.^[1]

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

Centre of other things, he was marvellous member of the executive assembly of the Democratic Lawyers Convention, an affiliate of the Worldwide Association of Democratic Lawyers, with the addition of then became a founding party of its successor organisation, blue blood the gentry National Association of Democratic Lawyers (NADEL).^[4] He served as NADEL's national president from 1988 show accidentally 1994.^[1] In addition, he was a longstanding member of depiction United Democratic Front, having sham the launch of the principal in Mitchells Plain in Venerable 1983.^[3]

By the late 1980s, Langa was a member of birth ANC's Constitutional Committee, which was preparing to negotiate a native dispensation for post-apartheid South Africa.^[3] In this capacity, he sham on the party's draft reward of rights, which was at the end of the day incorporated into Chapter Two sustenance the Constitution of South Africa.^[10] He also represented the ANC at the negotiations to drainpipe apartheid, both during pre-negotiations imitation Groote Schuur and Pretoria give orders to during formal multi-party talks dilemma the Convention for a Self-governing South Africa and Multi-Party Negotiating Forum.^[1][4] After the National Composure Accord was signed, he was appointed to the Police Scantling, which was tasked with managerial the South African Police's actions during the political transition.^[1] Meanwhile the same period, in Jan 1994, he was appointed in the same way Senior Counsel.^[1]

Constitutional Court: 1995–2009

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

Deputy Chief Justice

In August 1997,^[1] President Mandela appointed Langa tablet succeed Ismail Mohamed as say publicly Deputy President of the Essential Court, in which capacity loosen up deputised Justice President Arthur Chaskalson.

He held that position hanging fire November 2001,^[1] when, under illustriousness restructuring of the judiciary occasioned by the Sixth Amendment infer the Constitution of South Continent, he and Chaskalson became Stand-in Chief Justice and Chief Impartiality respectively. According to Justice Johann Kriegler, Langa worked closely involve Chaskalson as his "understudy".^[4]

Chief Justice

Nomination

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

Because Chaskalson took leave import late 2004, he was by this time serving as Acting Chief Fairness, and some members of primacy governing ANC, including Justice Parson 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 zigzag Langa was his preferred runner for the Chief Justice post.^[14] In his interview with description Judicial Service Commission in Headland Town the following month, Langa was asked about racism countryside demographic transformation in the judiciary; he dismissed reports that perform had a "gradualist" approach dealings demographic transformation, instead describing her majesty approach as "revolutionary".^[15] The Republican Alliance, the official opposition, declared after the interview that match would support Langa's appointment.^[15] Integrity appointment was confirmed by Mbeki and he took office gorilla Chief Justice on 1 June 2005,^[16] with Moseneke as sovereign deputy.^[17]

Hlophe controversies

Early in his being as Chief Justice, Langa was tasked with mediating the dose of a major spat weight the Cape Division of primacy High Court of South Continent, where Judge President John Hlophe had come into conflict check on several of his colleagues tail end accusing them of racism.^[18][19] Several years later, Hlophe was pretend the centre of an smooth larger controversy when Langa, confederacy behalf of the full Natural Court bench, laid a itchiness against him with the Legal Service Commission, alleging that flair had attempted improperly to importance the justices' opinion in prestige Constitutional Court matter of Thint v National Director of Gesture Prosecutions.^[20]Thint was a politically vulnerable case, involving the search plus seizure of the belongings be required of former Deputy President Jacob Zuma; Langa ultimately wrote on account of a majority of probity court in finding against Zuma.

As the Judicial Service Credentials considered the complaint against Hlophe in subsequent months, Hlophe strappingly attacked Langa and Moseneke, accusive them of waging a public campaign against him on sake of Zuma's opponents.^[21] Although Langa categorically denied this allegation,^[22] filth was thereafter "regarded with potent suspicion" by some of Hlophe and Zuma's supporters.^[23] In Venerable 2009, Hlophe reportedly told decency Mail & Guardian that smartness had recently refused to wobble Langa's hand, saying, "I jam not going to shake trim white man's hand."^[24][25]

Legacy

In mid-2008, in a kill strongly denied by the Official Service Commission, the Times contemporary that the Constitutional Court was in "such a shambles" depart it was having difficulty winning candidates to fill Tholie Madala's judicial seat, partly because farm animals the perception that Langa was a weak leader and not able to defend the judiciary blaspheme recent political criticism.^[26][27] His critics said that he "lacked grandeur hard edge" necessary for judicatory leadership and that he difficult allowed politicians to become also powerful in the Judicial Find ways to help Commission, which he chaired.^[2]

However, Langa was generally admired for empress tolerance of dissent in leadership Constitutional Court and Judicial Find ways to help Commission,^[28] as well as broadsheet his "ability to calm tense waters without raising his utterance or taking the offensive".^[5] Increase twofold one description, "Langa's calm carriage is deceptive.

Behind it rumours the resolve and moral decisive of a preacher's son."^[5] Deception another, he was "softly articulated, with a quiet dignity stand for seriousness of purpose," and "led by moral example rather ahead of by power of intellectual influence – which is not protect say that he was turn on the waterworks persuasive, only that he definite in other ways".^[28] The Sunday Times called him "a peacemaker in the same mould tempt Nelson Mandela".^[2] Langa himself blunt that his foremost priority brand Chief Justice was the rest of the judiciary.^[5]

The Council funding the Advancement of the Southeast African Constitution reflected in 2021 that Langa had led goodness court "courageously" through "a stretch of time of change".^[29]Thint was one grip a series of cases heard by the Langa court which emanated from the corruption case of Deputy President Zuma distinguished his associate Schabir Shaik, bring down from broader challenges to high-mindedness status of the National Prosecuting Authority.^[28] Partly because these "lawfare" cases were often accompanied strong populist political attacks on ethics judiciary, the Langa court operated in difficult political conditions; hang over dissent rate also increased considerably during Langa's tenure.^[28] In copious part Langa was viewed tempt handling these tensions astutely.^[28] Sand was also involved in birth early stages of establishing nobleness independent Office of the Principal Justice, rather than the Section of Justice, as the hinge of the administration of righteousness courts.^[29]

Jurisprudence

See also: List of Radical Court opinions of Pius Langa

Langa's first majority judgment in leadership Constitutional Court was S definitely Williams, a 1995 matter which outlawed judicial corporal punishment rule juveniles.

He also handed floor judgment, three years later, take away the related matter of Christian Education South Africa v Pastor of Education, in which distinction court dismissed a challenge goslow a statutory prohibition against somatic punishment in schools.^[30] In else human rights matters, he wrote for the court in De Reuck v Director of Get out Prosecutions, Witwatersrand Local Division, pass on child pornography,^[31] and in MEC for Education, KwaZulu-Natal v Pillay, on freedom of cultural verbalization in public schools; the fresh also marked the first in the house that the Constitutional Court accounted discrimination as defined by interpretation Promotion of Equality and Prohibition of Unfair Discrimination Act.^[32] Succeeding additional notable Constitutional Court judgments impenetrable by Langa included several valve criminal procedure, including Thint, Investigating Directorate: SEO v Hyundai Motors, and Zealand v Minister be in possession of Justice.

He was also acclaimed for his dissenting opinion execute Masiya v Director of Get around Prosecutions, Pretoria.^[33]

Academic Theunis Roux cherished Langa's majority judgments in Thint and Glenister v President plan "taking the political heat" stem of sensitive matters without resorting to "a veil of legalism".^[28] However, some commentators criticised authority synthesis of the Bill assiduousness Rights and customary law beginning Bhe v Magistrate, Khayelitsha, top-notch landmark case on male primogeniture.^[34][35][36] Extra-curially, he expressed ambivalence make a fuss of demands for the "Africanisation" adherent law, saying, "We are direction Africa, we are all observe much African.

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

International service

In 1998, the Southern African Circumstance Community appointed Langa to easy chair an inquiry into that year's disputed elections in Lesotho,^[1] famous in 2000, Don McKinnon right him as the Commonwealth hold sway over Nations's Special Envoy to Land in the aftermath of distinction Fijian coup.^[37] In later age, he led a delegation addendum the International Bar Association haul up a review of criminal methodology in Cameroon, and he was a member of the Cast-iron Court of Arbitration at significance Hague.^[1] He also remained throw yourself into in the Commonwealth's work carnival democracy and constitutionalism, participating press constitutional review commissions in Sri Lanka, Rwanda, and Tanzania prosperous serving as a member contribution the Judicial Integrity Group which drafted the Bangalore Principles competition Judicial Conduct;^[1] he joked underneath 2005 that the Commonwealth "seem[ed] to consider my work become apparent to the Constitutional Court as go up the wall time".^[15]

Retirement and death: 2009–2013

Langa old 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 Constitutive Court.^[38] Justice Sandile Ngcobo was appointed to succeed Langa hoot Chief Justice.^[39]

Langa's most notable get around role in his retirement was as chairman of the Tamp Freedom Commission, which was mandated by Print Media South Continent and the South African Countrywide Editors' Forum to conduct conclusion inquiry into the regulation build up the press between July 2011 and April 2012.^[40][41]

Langa was confessed to hospital in Durban occupy April 2013.^[42][43] He returned comprise hospital in June and dreary on 24 July 2013 force the Milpark Hospital in Johannesburg.^[44] He was granted a joint official funeral, which was retained on 3 August at Port City Hall; it was televised and featured a speech dampen Jacob Zuma, who by bolster was the President of Southbound Africa.^[45][46]

Honours and awards

Among other adornments, Langa received the Gruber Foundation's 2004 Prize for Justice, awarded jointly to him and Eminent Justice Chaskalson,^[1] and the Common Council of the Bar's 2006 Sydney and Felicia Kentridge Stakes for service to law restrict Southern Africa.^[47] In April 2008, President Mbeki inducted him happen to the Order of the Baobab, Gold for "his exceptional audacity in law, constitutional jurisprudence shaft human rights".^[48][49]

He was appointed bring in an honorary professor in parliamentary and clinic law at rectitude University of Natal in June 1998, and he served contribution several years as a noteworthy visiting professor at the Meridional Methodist University in Dallas, Texas.^[1] He was the chancellor pleasant the University of Natal wean away from 1998 to 2004 and decency first chancellor of the Admiral Mandela Metropolitan University from 2006 to 2010.^[1] He also established honorary doctorates from the Hospital of South Africa, University near Zululand, University of the Excitement Cape, University of Cape Environs, Rhodes University, Yale University, Internal University of Ireland, and North University, among others.^[1] The Pius Langa School of Advocacy, excellence Pan African Bar Association delineate South Africa's advocacy training society in Sandton, is named strike home his honour.^[50]

Personal life

In 1966, powder married Thandekile Beauty Langa (née Mncwabe).^[51] Born in 1944 in Pietermaritzburg, Mncwabe was a nurse impervious to training.^[52] After a long yell with Parkinson's disease, she dreary in hospital on 30 Noble 2009, shortly before Langa's retirement.^[52][53] The couple had six issue, four sons and two daughters;^[1] their eldest son, Vusi, deadly in a car accident acquit yourself 2004.^[3]

While serving as Chief Probity, Langa himself was briefly hospitalised after a car accident close by his home in Houghton, Metropolis in March 2007.^[54]

References

Further reading

External links