Today we are gathered here to witness the last judgment handed down by the Chief Justice and pay tribute to his impeccable and illustrious contribution to our jurisprudential landscape and to the Office of the Chief Justice. Chief Justice Sandile Ngcobo participated in the struggle against apartheid, and this saw him incarcerated for one year, from 1976 to 1977, for his political activism.
Prior to becoming a judge, he had worked within the legal fraternity, serving amongst others in the Legal Resources Centre.
He steadily rose within the ranks of the Judiciary over the years, from the time he was first appointed an Acting Judge and later a Judge in the Western Cape Provincial Division in 1996. President Nelson Mandela later appointed him into the Constitutional Court in 1999. He continued to serve our people with excellence and dedication, and in 2009 was appointed by President Zuma as the Chief Justice of our Constitutional Court. This was following the retirement of yet another esteemed Chief Justice of our Constitutional Court, Judge Pius Langa.
He had served the judiciary as Judge in the Labour Appeals Court. His illustrious academic achievements include his studies at the Zululand University where he completed his B. Proc degree and his LLB at the University of Natal. He was awarded a Fulbright Scholarship in 1985 and was the recipient of a Harvard Law School Human Rights Fellowship in 1986.
If time would permit, I could say much about the Chief Justice’s achievements. I could also delve into his personal career and trace his steadfast pursuit of justice throughout the years that I have known him. I could also speak of the music he liked while at the university, and the friendship we shared with the likes of the late Judge President Msimang while studying law at the then University of Zululand. I could choose to regale you with stories of his humorous side, which probably was not apparent on his face as Chief Justice as he sternly administered the law. But given the time limit I have, I just chose to narrowly look at the challenges of being a judge and therefore to demonstrate how we as the political administration are highly appreciative of his work and the work of the judiciary as a whole.
We in the Justice family are heartened by the vision the Chief Justice has had on the transformation of the Judiciary in the short stint that he has been at the helm of the Judicial arm of the State. As a strong proponent of the separation of powers principle which underpins the independence of the judiciary he managed the interface and liaison with the Executive and Legislative Branches of State with distinction, always ensuring that the role of the court in guarding against impermissible inroads into the terrain of the other Branch by another is managed judiciously and in accordance with the dictates of the Constitution.
Difficult cases have come to our courts, including the chambers of the Constitutional Court, and he has not failed us but judged them in what we always believe was inspired by the passion to ensure the rule of law and the advancement of the course of justice. Writing for a unanimous decision in the Hoffmann v South African Airways, handed down on 28 September 2000,
The Court held that the exclusion from employment as cabin attendant of otherwise eligible asymptomatic HIV-positive job applicant infringed the applicant’s right to equality under section 9 of the Constitution.
Judgment: Ngcobo CJ (unanimous).
The judgment was a milestone in as far as it helped stop discrimination against those who are HIV positive in our country.
The Chief Justice was not afraid to be in the minority either, even when he was already Chief Justice.
His resilience and fearlessness in his dissent to the majority on matters such as decisions of a private arbitrator proved that he has been a judge with an independent mind. He also understood that no matter how trivial a matter may seem, the course of justice must prevail in all matters. In the case of Lufuno Mphaphuli & Associates (Pty) Ltd v Andrews and Another, handed down the 20th March 2009
“The majority held that section 34 of the Constitution does not apply directly to private prosecutions, although arbitration agreements need to be in line with the Constitution. The arbitration had been fairly conducted in line with the intention of the parties and the conduct of the arbitrator was not so grossly irregular as to warrant the setting aside of the agreement. The appeal was dismissed. The minority held that section 34 did apply to private arbitrations, that there had been gross irregularities in the behavior of the arbitrator and that the award should be set aside. Chief Justice Ngcobo dissented, holding that the matter did not raise constitutional issues and that it was not in the interests of justice to grant the appeal.”
Today I am very pleased, however, because we are here to bid farewell to Chief Justice Sandile Ngcobo who also demonstrated this balance between personal values and the rule of law very effectively.
As such, He has always been impeccable and objective in adjudicating the cases brought before him. He showed no fear, favour or prejudice, even when his was for a minority view in the sitting of the Constitutional Court or if he was adjudicating in any matter regardless of the status of the litigants. For this reason, I could safely say that the rule of law continued to reign supreme in his tenure as Chief Justice and that the Constitution continued to be the supreme law of the land in part owing to his very able leadership and stewardship to the Constitution Court.
To you Chief Justice Sandile Ngcobo, if you may permit that I address you directly in the presence of all your esteemed colleagues gathered here today. I am happy that you have run the full course of your career in our jurisprudence with excellence and dignity. You remain a role model to many young jurists on the meaning of serving one’s country. I am confident that you would continue to offer your service to the course of justice, in particular to the on-going national project on reform of the judicial system and to the development of our evolving constitutional jurisprudence, albeit in a different capacity. We have just emerged from the Access to Justice Conference, where all participants from the justice sector, government and the legal fraternity were unanimous that the attainment of Access to Justice would be achieved only through determination and dedication by all of us. I am sure you will remain part of the unanimous resolve, and you will not exercise your right to dissent.
To your fellow judges in the Constitutional Court and all other judges spread in the length and breadth of our country who are preoccupied with the noble calling to serve justice to our people, I wish to thank them for their continued support of the Chief Justice and the cause of justice in general in our beloved land. Your work too, will in time be afforded the noble gratitude that we express here today to Chief Justice Ngcobo.
On behalf of the Department of Justice and Constitutional Development and the Government of our Constitutional Republic, allow me once more to profoundly thank you Chief Justice Ngcobo.
I will give details of the official farewell tribute in due course after I have finalised the arrangements with the President.
I thank you all!
Source: Department of Justice and Constitutional Development
