Chief Justice
Dr Lorraine Chaskalson and family
Deputy Chief Justice
President of the SCA
Deputy President of the SCA
Former Chief Justice Pius Langa
Justices of the Constitutional Court and all judges present
Members of the legal profession
Ladies and gentlemen
Comrades and friends
Fellow South Africans
I join the speakers who came to this podium before me in greeting you and in doing so I would also like to convey the greetings of Minister Jeff Radebe, the Minister of Justice and Constitutional Development, who is unable to be here due to Parliamentary and Cabinet commitments in Cape Town.
“To Judge Arthur Chaskalson and other members of the Constitutional Court let me say the following: yours is the most noble task that could fall to any legal person. In the last resort, the guarantee of the fundamental rights and freedoms for which we have fought so hard, lies in your hands. We look to you to honour the Constitution and the people it represents. We expect from you, no, demand of you, the greatest use of your wisdom, honesty and good sense - no short cuts, no easy solutions. Your work is not only lofty, it is also lonely. In the end you have only the Constitution and your conscience on which you can rely. We look upon you to serve both without fear or favour.”
With these words President Nelson Mandela concluded his address at the inauguration of the Constitutional Court of South Africa on 14 February 1995. The Court, then, was housed within earshot of the echoes of the cries that, years before, emanated from those being tortured at the prison that occupied the site where the Court now carries out its noble task. A grim reminder of what we must all work to ensure is never repeated.
But as President Mandela reminded us on that occasion, “It is not just a building that we inaugurate, handsome though it is. It is not a body of wise men and women that we launch on their path, important though we regard their work. It is not just our blessings that we give to their work, confident as we are in their integrity and commitment to justice. It is an institution that we establish - South Africa's first Constitutional Court.”
I believe that I can assert without fear of contradiction that former Chief Justice Arthur Chaskalson complied with the demand placed on his wisdom, honesty and good sense and that in so complying he helped establish and steer through its formative years this important institution that is our Constitutional Court.
When former Chief Justice Arthur Chaskalson passed away on 1 December 2012, tributes came from across our country and the world describing him as a colossus, champion of human rights, a balanced thinker, an accomplished jurist, a gallant fighter for freedom and human dignity, and perhaps most fittingly, as a human being.
Paying tribute to him at the Official Memorial Service in Johannesburg on 5 December 2012, President Jacob Zuma described him as “an outstanding South African, a prolific jurist, a freedom fighter and a legal legend of our time.”
We remembered his role as a member of the defence team during the Rivonia Trial and the trials of many other freedom fighters; the leading role that he played as a member legal profession on the Johannesburg Bar Council; his role in the formation of the Legal Resources Centre, his contribution to the drafting of the interim Constitution and as the first President of the Constitutional Court of South Africa as well as his contribution to the cause of justice and human rights in the international community.
At the inauguration of the Constitutional Court, of which former Chief Justice Chaskalson was the first President, President Mandela said, “Our constitution rests on three fundamental pillars: Parliament, the Government, and the Constitutional Court. Each has its specific role to play. Take away or undermine any, and you weaken the whole structure. That is why your independence is guaranteed in the constitution.”
Pursuant to this vision the Minister of Justice and Constitutional Development has piloted, and Parliament has adopted, important transformative legislation in the form of the Constitution Seventeenth Amendment Bill and the Superior Courts Bill.
This legislation expands the power of the Constitutional Court to be the highest court in all matters and brings the structure of our superior courts in line with the Constitution.
It also provides a judicial governance framework and the basis for greater judicial control of court administration both ensuring greater institutional independence of the judiciary.
But as President Mandela also pointed out at the inauguration of this Court, “The success of the Constitutional Court will depend in large measure on the successful functioning of the ordinary courts. Every court, from the most isolated magistrate`s court to the Appeal Court in Bloemfontein, has a role to play. The letter and the spirit of the Constitution must permeate every aspect of justice in our country.”
In this regard the Department of Justice and Constitutional Development continues through its work to promote access to justice through the establishment of new courts, the upgrading of existing courts and though working with the judiciary, the legal profession and all stakeholders to improve the efficiency and effectiveness of both our criminal and civil justice systems.
We believe that this work constitutes a fitting tribute to the memory of former Chief Justice Chaskalson. We would like to thank the judiciary under the leadership of Chief Justice Mogoeng for the valuable work that is being done by the National Efficiency Enhancement Committee for courts.
In the case of S v Makwanyane that declared the death penalty unconstitutional Former Chief Justice Arthur Chaskalson said: "The rights to life and dignity are the most important of all human rights, and the source of all other personal rights in Chapter Three. By committing ourselves to a society founded on the recognition of human rights we are required to value these two rights above all others."
Rape, sexual and gender-based violence, including so-called “corrective rape” are a direct assault on the rights to life and dignity and all of us have a duty to combat them. For this reason that the Minister of Justice and Constitutional Development has also announced the intention to accelerate the establishment of Sexual Offences Courts.
It is envisaged that 58 Courts will be fully functional during the first six months of the new financial year the Minister will be making further announcements in this regard in the near future. It is for this reason that the Minister of Finance announced when tabling the budget last week that provision was made for increasing the number of Thuthuzela Care Centres from 35 in 2012/13 to 55 by 2015/16. But the criminal justice system, no matter how effective we make it, can only be a part of the solution.
Eliminating sexual and gender-based violence is inextricably linked to the fundamental transformation of our society from one characterised by patriarchal attitudes and power relations to a truly non-sexist society envisaged by our Constitution.
A necessary, but not sufficient, condition for this is the implementation of our National Development Plan and the realisation of our national priorities of education; health; economic development and job creation; land reform and rural development as well as combatting crime and corruption.
I would like to repeat the words uttered by President Jacob Zuma at the Official Memorial Service in December and say:
"In his memory, the Executive commits to do better than before, in improving the implementation of programmes that are meant to improve the lives of our people.
We commit to do better than before, working with the other arms of the state and all sectors, to reverse the legacy of inequality, poverty and under development and to build a society together, where no child goes to bed hungry."
We must stand united against sexual and gender-based violence. One of my enduring memories is of the passion former Chief Justice Chaskalson and his wife Dr Lorraine Chaskalson had for mentoring young people, law students in particular, in using the law to promote social justice.
Therefore, whilst I have tried to pay tribute to a giant - our former Chief Justice Arthur Chaskalson – I have done so knowing that one of the best tributes to his life and work was paid a week ago on 1 March, the beginning of Human Rights Month, by the millions of learners in schools across our country when they stood up in unison and recited the following pledge:
“I pledge:
To uphold the Constitution of the Republic of South Africa
To abide by the laws of the country
To respect the rights of others irrespective of age, race, gender or sexual orientation
Not to rape or commit any form of sexual harassment, abuse or violence
To report any form of wrongdoing to authorities
To honour the responsibilities that come with these rights and to be a good citizen
Nkosi Sikelel' iAfrika”
We express our thanks, appreciation and support to Dr Lorraine Chaskalson, the children and extended Chaskalson family.
I thank you.
Ke a leboga.
Ek dank u.
Ngiyabonga.
Ndi a livhuwa.
