The National Association of Democratic Lawyers (NADEL) hosted the Annual Pius Langa Memorial Lecture and a farewell function for Justice Xola Mlungisi Petse on 19 July 2024 at the Walter Sisulu University. The prestigious event was graced by members of the Langa family, legal practitioners and members of the judiciary, including Chief Justice Mandisa Maya, who was at the time the Deputy Chief Justice, Judge President of the Mpumalanga Division of the High Courts, Sheila Mphahlele, as well as legal practitioner, Dumisa Ntsebeza SC to name a few.
When paying tribute to Justice Petse, legal practitioner, Andile Mdeyide, said the perception he had of Justice Petse when he worked as his candidate legal practitioner was that he is a very strict person. However, he pointed out that when one works closer to Justice Petse, you also get to witness a nice person. He added that one only had to work hard and do their work properly to become Justice Petse’s friend. He said that legal practitioners who did their work, and appeared before Justice Petse, would attest to the fact that he did not shy away from acknowledging good work. Mr Mdeyide said that at the time that he worked with Justice Petse he learned a lot from him, adding that in his career, Justice Petse has done stella work. ‘We do appreciate what NADEL has done for you, as well as the profession at large. We, however, agree that we will miss you. We are aware that you have written many judgments, and I have no doubt in my mind that your teachings will be seen on those judgments.’
Wildcoast Attorneys Association member, Sinawo Makangela, briefly spoke about the late Justice Langa. He said that Justice Langa is credited among others for his role in establishing the Bangalore Principles of Judicial Conduct, which its core values are namely, independence, impartiality, integrity, propriety, equality, competency and diligence. He pointed out that these values carry a practitioner forward in the legal space. ‘As Wildcoast Attorneys Association we join hands in congratulating NADEL for hosting this historic event. In our different responsibilities and duties may we also seek to hold and uphold these values that he believed in. You can imagine being the first black Chief Justice of a young democracy. We know that he set the bar so high. That is why NADEL continues to celebrate him,’ Mr Makangela said.
Mr Makangela proceeded to wish Justice Petse farewell. He said that he is now wearing the new cap of a teacher, who will be teaching young legal practitioners. ‘We will continue to draw wisdom from that wealth, and we will keep on knocking at that door. We invite you if you want to create more Justice Petse’s, they are sitting in this room,’ Mr Makgangela added.
The Secretary General of Black Lawyers Association (BLA), Chris Mamathuntsha, spoke on behalf of the President of the BLA, Nkosana Mvundlela. He said that on the occasion of the Annual Pius Langa Memorial lecture, the BLA would like to restate its intent of unity between NADEL and the BLA. He referred to a meeting that was held between NADEL and the BLA in May 2024 in Kempton Park. Mr Mamathuntsha said the struggle of transformation for the legal profession, as well as the judiciary, dictates that NADEL and the BLA stand together. ‘Our historical mission is more relevant today than ever before. We are honoured to stand alongside you in this journey. We believe that together we can make a meaningful difference and help create a more just and equitable legal system in our beautiful Republic,’ Mr Mamathuntsha added.
The President of the Law Society of South Africa, Joanne Anthony-Gooden, when speaking at the memorial and farewell function said that the theme for Pius Langa Memorial Lecture, ‘Evolving Justice: The Past, the Present, and the Future of Democracy’, was befitting of the man Justice Pius Langa was. It encapsulates the stature of the man we came to honour today. ‘Today, we gather to reflect on the profound journey of justice and democracy in South Africa. Our nation’s history is a testament to the resilience of the human spirit and the relentless pursuit of equality and freedom. As we explore the evolution of justice in our beloved country, we must honour the past, critically examine the present, and envision a future where democracy thrives for all,’ Ms Anthony-Gooden said.
Ms Anthony-Gooden pointed out that South Africa’s history is marked by a struggle against oppression and injustice. She added that the dark era of apartheid, characterised by systemic racial segregation and discrimination, remains a painful chapter in our collective memory. During these years, black South Africans were denied basic human rights, and the state machinery was used to perpetuate inequality.
Ms Anthony-Gooden, however, said the spirit of resistance and the dream of a just society never wavered. She added that brave men and women, such as Nelson Mandela, Desmond Tutu, and countless unnamed heroes, stood up against tyranny. ‘They endured unimaginable hardships, yet their resolve only strengthened. The liberation movements, protests, and international solidarity eventually led to the dismantling of apartheid. The year 1994 marked a turning point in our history with the first democratic elections. It was a triumph of justice and a testament to the power of the human spirit. The birth of a new South Africa brought hope and the promise of a society where all individuals, regardless of race, could live with dignity and equality,’ Ms Anthony-Gooden added.
Today, South Africa is a vibrant democracy with a robust legal framework that enshrines human rights and justice. The Constitution of South Africa, adopted in 1996, is one of the most progressive in the world. It guarantees the rights of all citizens and provides mechanisms for redress and accountability.
Ms Anthony-Gooden said: ‘However, our journey is far from complete. The legacy of apartheid continues to cast a long shadow over our society. Economic disparities, social inequalities, and racial tensions persist. High levels of crime and corruption undermine public trust in institutions meant to protect and serve the people. Yet, there is progress. The judiciary remains independent, often serving as a beacon of hope for those seeking justice.’
The President of NADEL, Mvuzo Notyesi speaking at the function said that NADEL is an organisation of volunteers. Mr Ntoyesi pointed out that NADEL nominate judges with a condition. That they must stand for human rights, fight for access to justice and be a vehicle of service delivery. Another condition is that judgments must be delivered. Mr Notyesi told Justice Petse that he had outdone himself.
Reading from NADEL’s Constitution, Mr Notyesi stated that Justice Petse emphasised the importance of justice and integrity. He highlighted that Justice Petse’s commitment extended to both the rich and the poor, to the ‘haves’ and ‘have-nots’. Justice Petse envisioned a society based on equality rather than justice alone. He further told Justice Petse that he will be heading NADEL’s litigation.
NADEL senior member Krish Govender gave the Pius Langa Lecture. He said NADEL is paying tribute to the memory of a giant legal practitioner and a judge. Mr Govender added that the late Justice Langa joined NADEL when he was a magistrate in Bloemfontein, formerly known as the Orange Free State. ‘It was difficult times, jobs were hard to come by. He was obviously a hard-working lawyer, law student who moved up the ranks of becoming a magistrate then. But one of the last acts that he performed was that he refused bail to a racist farmer who had abused and assaulted a black worker. And in those days in the Free State, if you did such a thing, you were asking for big trouble,’ Mr Govender said.
Mr Govender pointed out that it was on a Friday when Justice Langa refused bail, and the farmer could not believe that he was going to spend a few days in jail, in those times of apartheid. He said that the farmer got a taste of what justice could be in the hands of a soft-spoken kind man, but who had nerves of steel and was a man of courage. He added that when Justice Langa moved to Durban, there was a lot of political turmoil, recovering from the ban of the African National Congress (ANC), the South African Communist Party and imprisonment of other leaders at Robben Island, with some leaders driven to exile, few remained underground, and many were banned.
Mr Govender said that Justice Langa at the time found Durban society full of tension, with spies everywhere. People lived in silence out of fear. ‘It was a difficult period in South Africa,’ Mr Govender added. He said that there were sparks generating, a new generation of frustrated students started some fires of resistance and bush colleges in the 60s. Mr Govender said the students at that time were liberating their minds from white dominated oppression under the powerful force of black consciousness. ‘Steve Biko was one of the leaders of that time, he was our hero. For many of us white was right, we were brought up in that state whereas young people, after the banning of organisations, there was complete oppression of the mind. And black consciousness helped us to liberate our minds to be strong from one extreme thinking that white people were all right. We became black power advocates, and we became mad with that anger. But it then managed to break us free, and we then began to realise what things like non-racialism meant,’ Mr Govender said.
Mr Govender pointed out that Justice Langa was one of the legal practitioners who was engaged in the struggle. He said that a many of the legal practitioners involved in the struggle came from the Eastern Cape and providing legal assistance was a significant part of their lives in Durban at the time. ‘And the fact that they defended people who opposed the Bantu style system and the type of provincial government that was going on in the old Natal, where Chief [Mangosuthu] Buthelezi at that time was on the one hand saying he was fighting apartheid, but on the other hand he wanted a complete Zulu homeland. It was a challenge because he claimed to speak in the name of the ANC and people like Pius had to never compromise on their beliefs of a united democratic South Africa,’ Mr Govender added.
Mr Govender said that there used to be threats made against their legal practitioners in NADEL, who happen to come from the Eastern Cape, who were of a Xhosa background. He noted that the kind of environment and threats that people lived under at that time was unmeasurable. He pointed out that they were told that ‘Xhosa’ legal practitioners must go back to where they came from. ‘It is important to see where Pius was and the work he had to do,’ Mr Govender said. He added that legal practitioners started to organise themselves throughout the country. He said that in Durban they formed a lawyers organisation called the ‘Democratic Lawyers Association’ (DLA). He pointed out that they formed that organisation because the apartheid government built a new magistrate court in the early 70s. The building had four entrances and black people had to enter through the sides of the building.
Mr Govender said that legal practitioners grouped, and they decided that they would not enter that court through ‘race entrances’, he added that they said they will go in the main entrance and their people ‘black people’, ‘must know they are fighting for justice’. That the magistrates must know that when people are separated in court there was going to be a visible display of segregate justice for white people and black people. He pointed out that within days of that protest, which reached the whole country and maybe other parts of the world, the apartheid government removed all those barriers. Mr Govender pointed out that Justice Langa became one of the first presidents of the DLA. He said that the DLA encouraged other legal practitioners to start lawyer movements throughout the country, such as the Eastern Cape Democratic Lawyers Association, in Pietermaritzburg a formation of Lawyers for Justice, in Pretoria there was the Democratic Lawyers Congress. The DLA and all the other organisations that came to form NADEL were strongly committed to following the freedom charter and aligned to the ANC. He pointed out that when NADEL was formed, Justice Langa was central in the unifying of all these groups, who came together, and in 1986, in the Eastern Cape, legal practitioners were engaged in representing victims of apartheid. He said they needed to be united and strong to stand the anger of the apartheid regime.
In other moments he shared about Justice Langa, Mr Govender spoke about the period in 1989 where Mr Langa organised a delegate to observe elections in Namibia. He pointed out that this was a powerful moment. ‘We observed the elections in Namibia, under UN oversight, and our lawyers from NADEL went through every important outpost giving support. In 1991, there was the Convention for a Democratic South Africa [CODESA], and Justice Langa wanted to form a patriotic congress inside South Africa, along the lines of what happened in Zimbabwe. ‘And I remember Dikgang Moseneke and Pius coming together in a meeting in Durban with a whole lot of lawyers’ groups, trying to get a united front within South Africa, to unite and make sure the CODESA negotiations went forth.’
In this panel discussion, first speaker, Constitutional Court Judge Mbuyiseli Madlanga said he titled his address: ‘The invidious position of lawyers with a conscience during liberation struggles.’ Justice Madlanga added that at the best of times the pursuit for justice for a legal practitioner can be difficult and elusive, and under oppressive systems the quest is rendered near impossible. He pointed out that his address will give a historical perspective of how practitioners navigated legal practice during the highly oppressive apartheid legal system.
Justice Madlanga pointed out that he had chosen to focus his address on specific people and events, rather than on an academic discourse, because the battles waged by those he mention were all deliberately aimed at contributing to the attainment of democracy. The divided reality of a legal practitioner was not uncommon for those standing against the apartheid regime. In fact during apartheid this was true not only of legal practitioners, but also of some legal officers within the government service, amongst them I can count a prosecutor who was detained for political activities in the Transkei. He pointed out that he became Dumisa Ntsebeza SC’s client. He added to the count of people like then Magistrate Bantubonke Tokota who although not openly political used to stand his ground against the expressed wishes of senior homeland government functionaries.
Justice Madlanga said that it was not uncommon at the time for these functionaries and sometimes the homeland leaders themselves to convey to judicial officers what outcomes they desired in highly sensitive political cases. Where it was warranted, Magistrate Tokota, readily decided such cases against the wishes of the homeland operatives at great personal risk. Justice Madlanga gave another example of a senior regional court prosecutor whom we nicknamed ‘Gunman’, his surname being ‘Gantsho’, who was a firebrand underground political activist. He pointed out that because of Gunman’s activism, he and many others were detained without trial under Transkei’s security laws for about a year when they eventually appeared before a magistrate at the Mthatha Magistrate’s Court. The prosecution was not ready to run the trial. He added that the prosecution asked for a postponement and the magistrate refused postponement and struck the case off the roll.
Justice Madlanga also spoke about how Constitutional Court Justice Chris Jafta – when he was a prosecutor at Cala in the Eastern Cape – refused to take instructions from the security police on how to prosecute cases involving ‘so-called’ emergency regulations. He was detained and subjected to intense interrogation by the security police, subsequent to that his authority or delegation to prosecute was revoked, and he was demoted to the position of administrative clerk. He added that the stance that some of them took came with a great personal cost.
Justice Madlanga said he does not claim to be like the men he mentioned in his address. ‘But I hope you will find a rendition of at least one of the things I did while I was a junior magistrate of some interest. Having grown with people like advocate Dumisa Ntsebeza SC, the inaugural president of NADEL, Tholie Madala, and later Constitutional Court Justice, and many others there was no way I could not have been politically conscientized,’ said Justice Madlanga. He pointed out that a seed of conscientization started during his days at Walter Sisulu University then known as the University of Transkei.
Justice Madlanga mentioned that the law firm, which spearheaded the fights against apartheid laws was Sangoni and Partners with legal practitioners, such as Dumisa Ntsebeza SC and Justice Petse who were partners at that firm. He said at the time Sagoni Inc was the largest black law firm. He pointed out that the law firm was a powerhouse in the fight against apartheid laws. He added that the law firms reach extended throughout South Africa, and it briefed senior and junior council from all over the country.
In his address, legal practitioner, Muzi Sikhakhane SC, said that it is refreshing for a black legal practitioner to see when one goes to court, with justices such as Justice Madlanga, Judge Thoba Poyo-Dlwati, Judge Nolwazi Mabindla-Boqwana and many others. He added that it is not just about law, but it is important to get into an environment that have such judges. He pointed out that it is an assuring experience for people who come from a settler colonial logic. ‘And it’s important because we talk about big things,’ Mr Sikhakhane said.
Mr Sikhakhane said most of these legal practitioners mentioned at the lecture, particularly Pius Langa and Victoria Mxenge released him and others as teenage detainees. He added that people, such as Krish Govender, and retired Judge Siraj Desai captured the intellectual tradition, which was anticolonial at a time when it was not to be done. Mr Sikhakhane touched on a subject of justice an inequality. He started off by talking about what South Africa needs. He pointed out that the race of judges who were attending the lecture and farewell of Justice Petse will tell one what is still happening in the Judiciary.
Mr Sikhakhane said: ‘Judge Petse has been around for years, and probably one of our top judges in this country. Look at the complexion of the judges that decided to come and acknowledge him. There’s still a lot to be done but to give you an example, one day and I think the judges know this, that whenever we come to court, we profile you, so I was profiling Judge Petse to appear before him in the Supreme Court of Appeal. Many judges here I’ve had serious rigorous, but comfortable engagements with, and I said to “Bra D” what should I know about him and “Bra D” said there is no human being that’s as hardworking. What you will get is a human being who wants no nonsense but is fair,’ Mr Sikhakhane said.
Mr Sikhakhane spoke about an experience he had when he went to court one day. He said a particular white judge completely harassed me in front of Judge Petse, for no apparent reason except the history that Judge Petse did not know. Mr Sikhakhane added that when this judge had harassed him for five minutes cross-examining him, Judge Petse stopped him because it was harassment of a white judge, a former apartheid prosecutor taking his anger out on him. Mr Sikhakhane pointed out that the judge that was black in the room protected him, same as Justice Madlanga and Justice Zukisa Tshiqi.
Mr Sikhakane said that he can share many stories, and these stories are not just personal, but are what justice is, what fairness is. ‘And Judge Petse before I forget, when people think I’m controversial about what I say about judges, I actually mean one thing a judge should be like you that’s all. A judge should be a human being. You need two things to be a good judge and largely it’s law. All of us can study law so all of you can be judges, but not all of us can just be good human beings and 60% of being a judge that’s all it’s about,’ Mr Sikhakhane added.
He spoke to attendees about what the late Justice Pius Langa said. He added that justice and democracy are Greek terms that can trace to Plato and Aristotle to the book by Plato called The Republic. He said that we can talk for a lot of time about justice and democracy pointing out that these are historically, and culturally contextual. Justice is not a term that can be used without the historical and cultural context of that country and so there are never objective definitions because they depend on each country and the conditions of that country.
Mr Sikhakhane said that the late Chief Justice Langa and Bram Fischer both lived the life of a decentre. He added that it was because justice and democracy can never emerge if there are no dissenting voices. The one who makes a clarion call to others who are in slumber, to look around and see those who are suffering around them, and contextualize the fact that justice is about looking at the person with whom you claim to be in solidarity. He pointed out that Bram Fischer gave such a call to legal practitioners because most of them, when they were students, were activists.
Mr Sikhakhane added that university have lost students as activists. However, he pointed out that the activism hardly outlasts graduation, because money takes over, power takes over, and arrogance takes over. He said Bram Fischer said this about a legal practitioner when he was facing a court that said he was odd, saying things that people think legal practitioner should not say. ‘He said this I quote, “when an advocate does what I have done his conduct is not determined by any disrespect for the law, nor because he hopes to benefit personally by any offense he may commit. On the contrary it requires an act of will to overcome his deeply rooted respect of legality and he takes the step only when he feels that whatever the consequences to himself his political conscience no longer permits him to do otherwise. He does it not out of a desire to be immoral but because to act otherwise would for him be immoral.”’
Mr Sikhakhane pointed that the late Chief Justice Langa seems to have been influenced a lot by Bram Fischer. ‘I say this because I spent time with him and he was a man that believed that if you suppress descent, you suppress progress, you suppress justice. Mr Sikhakhane said there is no doubt that post-apartheid South Africa emerged from injustice. He added that injustice is the opposite of justice. ‘A lot of people say we are very emotional about these issues, I’ve heard people say that guy is a little emotional. If injustice does not make you emotional you are not human.’
Mr Sikhakhane pointed out that if one has not found something like justice to be a cause for which they could act without being paid you are not human enough. He said the history of South Africa, and our own history lacking in justice, can only be rectified if we understand the true nature of justice.
Kgomotso Ramotsho Cert Journ (Boston) Cert Photography (Vega) is the news reporter at De Rebus.
This article was first published in De Rebus in 2024 (Sept) DR 4.
