On 9 May 2024, the South African Judiciary and the legal profession learned of the passing of the retired judge of the Constitutional Court, Justice Yvonne Mokgoro. The late Justice Mokgoro who hails from Galeshewe in Kimberley was a trailblazer in the legal profession and was known for being an activist and the first black woman who was one of the only two women appointed to the Constitutional Court in 1994.
Throughout her career, Justice Mokgoro has been known as a champion of human rights, who pushed an agenda of justice, equality, and dignity for all. Her landmark judgment in S v Makwanyane and Another 1995 (3) SA 391 (CC) cemented Justice Mokgoro’s ethos of ubuntu and changed how many judgments after hers would be interpreted with the spirit of fairness and ubuntu. Many bodies in the legal profession sent messages of condolences, with some holding memorial services for her, to celebrate and honour her memory.
Treasurer General of the Black Lawyers Association (BLA), Fezeka Magano, said that Justice Mokgoro left too early.
The South African Women Lawyers Association (SAWLA) held a memorial for Justice Mokgoro at Wits University.
Treasurer General of the Black Lawyers Association (BLA), Fezeka Magano, said that Justice Mokgoro left too early. She added that the BLA was still looking at Justice Mokgoro to contribute to South Africa’s (SA) very young democracy. ‘We hold her in high esteem at the BLA, as a pioneer of our democracy,’ said Ms Magano. She pointed out that Justice Mokgoro was not only a trailblazer but a legal luminary, who was not just humble, but served the country with distinction.
Head of Legal at Legal Aid South Africa, Solly Sekgota, said that Justice Mokgoro was a star that will continue shining. Photo by: Kgomotso Ramotsho.
Head of Legal at Legal Aid South Africa, Solly Sekgota, said that Justice Mokgoro was a star that will continue shining to ensure that the South Africa jurisprudence develops. He added that when one looks at Justice Mokgoro’s judgments, they speak about how society is interconnected. He pointed out that they have an agreement with SAWLA regarding outreach programmes, and said it is a continuation of the legacy of Justice Mokgoro. ‘It is very important that we continue to do so, she might have departed but her soul will guide us in terms of how we are going to do things in the future,’ Mr Sekgotla said. He pointed out that Justice Mokgoro changed the tools judges look at for interpretation. He said when one interprets the law, one cannot interpret the law in isolation when other factors surround society. He added that in the transformation agenda, which women are in the forefront of, he believes that women are more caring. ‘When the Bench has women, judgments will be fair,’ said Mr Sekgota.
Chairperson of the Pretoria Attorneys Association, Vijayta Rana, said that the legacy of Justice Mokgoro’s impact resonates in the walls of justice and beyond. Photo by: Kgomotso Ramotsho
Chairperson of the Pretoria Attorneys Association, Vijayta Rana, also spoke at the SAWLA memorial. She said that the legacy of Justice Mokgoro’s impact resonates in the walls of justice and beyond. She added that Justice Mokgoro was a true trailblazer and a compassionate soul, and an esteemed female judge whose presence enriched all. She pointed out Justice Mokgoro’s journey was one of a pursuit of justice, equality and fairness. Ms Rana said that from the moment she took the Bench, Justice Mokgoro embodied integrity and unwavering dedication to uphold the rule of law, that justice is not a concept but a commitment to serve the greater good, to protect the vulnerable and to ensure that every individual regardless of circumstance, regardless of their gender, regardless of their background and regardless of their colour is heard and treated with dignity.
Justice Mokgoro’s daughter Bobo Radu thanked SAWLA for honouring her mother. Photo by: Kgomotso Ramotsho.
Justice Mokgoro’s daughter Bobo Radu thanked SAWLA for honouring her mother. She thanked SAWLA for giving Justice Mokgoro flowers while she was still alive. She pointed out that as much as her mother was a loving, doting and nurturing mother, she was also very passionate about her work. ‘I know she was not just a mother to us, but she was a mother and a mentor to many other women lawyers. This loss is not just ours. I understand that it is far reaching,’ Ms Radu said. She added that it was a privilege for her family to watch her live her purpose, through the work that she did, from her early days as a lecturer, her days as a legal researcher, her days as a judge at the Constitutional Court. But also, the impact of work that she continued to do beyond her retirement, not just in SA but also globally. ‘She never got tired, she really never retired. She continued to use her energy to do her work and she enjoyed it. She kept saying; “I need to slow down and hand over the baton,” but I do not think she really wanted to,’ Ms Radu added. She pointed out that she left a powerful legacy, she added that her family is proud to celebrate her. ‘She lived and breathed ubuntu, not only did she speak about it. Not only did she preach about it, but she was also it. She lived it in every small and every big way,’ Ms Radu said.
Acting Judge and Commissioner at the South African Human Rights Commission, Nomahlubi Khwinana, said that it was heavy to stand and talk about a woman who had done so much for SAWLA. Photo by: Kgomotso Ramotsho
Acting Judge and Commissioner at the South African Human Rights Commission, Nomahlubi Khwinana, said that it was heavy to stand and talk about a woman who had done so much for SAWLA. She added that Justice Mokgoro’s death was a painful one to SAWLA because the last day they were with Justice Mokgoro at the SAWLA 100-year celebration of women lawyers in SA, she was in a very good space and was happy. She said SAWLA members will always remember what Justice Mokgoro said at the event, which was that they must fill up their bags with expertise, skills and experience. Ms Khwinana added that Justice Mokgoro warned them against name drops, going out using people’s names for favours. She pointed out that Justice Mokgoro said that once one fills their bag, they should take that bag and use it to break the glass ceiling.
Ms Khwinana said that there are a lot of barriers out there especially for women. She said as much as some speak of transformation for some of the women in law, it is ‘not yet uhuru’. ‘It was just 100 years ago that we were just recognised as human beings in terms of the Act, and that was for a white woman, for a black woman it took another 67 years,’ Ms Khwinana said. She pointed out that there is still a lot to be done.
At the funeral of Justice Mokgoro, President Cyril Ramaphosa gave a eulogy of the late justice. He said that through her life and through her work, ‘Imbokodo’ Justice Mokgoro was a pioneer. Photo: Office of the Chief Justice
At the funeral of Justice Mokgoro, President Cyril Ramaphosa gave a eulogy of the late justice. He said that through her life and through her work, ‘Imbokodo’ Justice Mokgoro was a pioneer. He added that in so many respects, her legacy is a tribute to resilience, to principled activism and to steadfastness, no matter how great the obstacle or how difficult the climb. President Ramaphosa pointed out that in 1994, upon its inception, Justice Mokgoro became the first black woman to be appointed to the Constitutional Court. He said that reaching that pinnacle was not a simple progression, that it did not come easy.
President Ramaphosa said ‘it was the culmination of many years of hard work. She found her calling to become a human rights lawyer in the trenches of the struggle, as a student activist and member of the African National Congress in the then Bophuthatswana, and later in the Northern Cape. Her appointment to the Constitutional Court was the product of many years of both formal and self-study to better herself and to advance in her chosen profession. It was the fulfilment of a dream in which she never lost faith, even while working in a host of different jobs, as a nursing assistant, a retail salesperson and as a clerk.’
President Ramaphosa added that the life of Justice Mokgoro was the life of untold numbers of black women in this country under apartheid, who bore the triple burden of race, class and gender. He added that she sought to carve a path for herself at a time when the odds were stacked heavily against women, and against black women in particular. And yet she went forth with courage, with determination, and with the humility that was her trademark. He said that Justice Mokgoro was a passionate and ardent advocate for gender justice because she understood these struggles so keenly, having experienced them first-hand. She pointed out that it is also the reason why she dedicated a substantial part of her time to training and mentoring young female lawyers.
President Ramaphosa said: ‘In its tribute to the late Justice Mokgoro, the International Commission of Jurists described her as an inspiration to the next generation of women lawyers. Justice Mokgoro brought this humanism and commitment of social justice to the Bench.’
Members of the legal profession from different bodies joined the family of Justice Mokgoro and the judiciary in celebrating the life of Justice Mokgoro at a special ceremonial sitting that was held in her honour.
During the special ceremonial sitting the President of the National Association of Democratic Lawyers, Mvuzo Notyesi, said that Justice Mokgoro had a remarkable life and legacy. Photo: Office of the Chief Justice.
During the special ceremonial sitting the President of the National Association of Democratic Lawyers, Mvuzo Notyesi, said that Justice Mokgoro had a remarkable life and legacy. He added that she embodied the essence of integrity, wisdom and compassion in all that she did. He pointed out that throughout her career, Justice Mokgoro blazed a trail in the legal profession, leaving a mark on the judiciary and society at large. He added that her commitment to justice, showed that the rule of law was the cornerstone of her distinguished career in the legal profession and served as a beacon of hope to many and inspired countless others to strive for more equitable justice.
Council Member of the Legal Practice Council, Busani Mabunda, described Justice Mokgoro as an amazing human being. He added that, importantly, Justice Mokgoro was among the first justices to serve on the apex court and was bestowed with the powers of the interpretation and application of the Constitution of the Republic of South Africa. He added that being appointed freshly coming from academia as a professor of law, Justice Mokgoro came with an ethos that was unprecedented given the fact that initially the justices were drawn from the ranks of senior counsel. Mr Mabunda said that her embodiment of the spirit of ubuntu manifested as one of constitutional ethos.
The Vice-President of the Law Society of South Africa, Eunice Masipa. Photo: Office of the Chief Justice.
The Vice-President of the Law Society of South Africa, Eunice Masipa, during her address said that she followed the story of how Justice Mokgoro became a legal practitioner in an interview that Justice Mokgoro did. Justice Mokgoro told the interviewer that when there were uprisings, she was arrested, and her family sought the legal services of Robert Sobukwe. Ms Masipa added that Justice Mokgoro in that interview said she had struggled finding legal representation, she then asked Robert Sobukwe, where the legal practitioners were. Robert Sobukwe asked her why she was not asking about female legal practitioners and if she was aware that she too can become a legal practitioner.
Ms Masipa said that Mr Sobukwe took the decision to mentor Justice Mokgoro, and pointed out that it was because of a man who believed in the capacity of a young female, that Justice Mokgoro became a legal practitioner.
She added that legal practitioners should take a leaf from Mr Sobukwe’s book. ‘By capacitating and mentoring female legal practitioners, we will assist in nation building, and assist in developing jurisprudence for the country,’ Ms Masipa said.
Chairperson of the General Council of the Bar and Chairperson of the Advocates for Transformation, Myron Dewrance SC, said as a trailblazer in the legal profession, Photo: Office of the Chief Justice.
Chairperson of the General Council of the Bar and Chairperson of the Advocates for Transformation, Myron Dewrance SC, said as a trailblazer in the legal profession, Justice Mokgoro will be remembered for her unwavering dedication in improving equal justice for all in a period when SA was transitioning from apartheid to democracy. He added that legal practitioners often look for guidance and to help with some of society’s most difficult issues.
The Deputy Minister of Justice and Constitutional Development, John Jeffery, referred to Justice Mokgoro as a spirited activist, a champion of the Constitution and an exceptional human being. He added that as the first black woman to be appointed to the Constitutional Court Bench she was a pioneer and a trailblazer. He said what she brought to the bench and the country’s jurisprudence will forever be a legacy. He added that it was elements of care and compassion that shaped Justice Mokgoro throughout her life and career.
The Deputy Minister of Justice and Constitutional Development, John Jeffery, referred to Justice Mokgoro as a spirited activist. Photo: Office of the Chief Justice.
The Acting Speaker of the National Assembly, Lechesa Tsenoli, also paid tribute to Justice Mokgoro, he pointed out that she was among those who have broken the glass ceiling to higher excellency in the legal profession, such as Justice Mandisa Maya, offering blows to patriarchy and chauvinism. He added that Justice Mokgoro’s death raises questions on transformation and the pace that it is taking.
Chief Justice Raymond Zondo, said that Justice Mokgoro laid a foundation to the jurisprudence of the country, as she was one of the 11 justices of the Constitutional Court post-democracy. He said that he was grateful for what Justice Mokgoro did for SA as a legal practitioner and a justice of the Constitutional Court. He added that when one reads Justice Mokgoro’s judgments, one could not see that she was not exposed to practice as a legal practitioner and had not been a judge before being appointed to the apex court. He said that Justice Mokgoro brought her expertise as a prosecutor, her experience as a law lecture and a professor of law. He said Justice Mokgoro’s work should not only be defined solely by the judgments she wrote, noting that she was a part of a team of 11 justices. Therefore, one should look at the judgments of her team, the first 11 justices of the Constitutional Court of SA in a democracy.
President Ramaphosa pointed out that between 2016 and 2020, Justice Mokgoro chaired the United Nations (UN) Internal Justice Council, which is tasked with ensuring independence, professionalism and accountability in the administration of the justice system of the UN. And in the aftermath of the killing of George Floyd in the United States in 2020, which gave birth to the global Black Lives Matter movement, the UN Human Rights Council set up an International Independent Expert Mechanism to Advance Racial Justice and Equality in Law Enforcement. Justice Mokgoro was appointed as its first chairperson.
President Ramaphosa said: ‘As South Africa we are immensely proud that our jurists are held in such high regard internationally on matters of human rights, racial discrimination and gender justice. Alongside her fellow other justices, she affirmed that ubuntu was interwoven with the rights to life, to dignity and to equality. She wrote several judgments that advanced the socio-economic rights of society’s most vulnerable. Much of Justice Mokgoro’s academic research supported legal and policy transformation with respect to the rights of women and children.’ He said that Justice Mokgoro was both a witness to, and a champion of, the transformation of the Bench.
Justice Mokgoro obtained a Bachelor of Law (BIuris) degree at the University of Bophuthatswana, now known as North West University, in 1982, a Bachelor of Law (LLB) two years later, and completed a Master of Laws (LLM) in 1987. Some of the notable judgments penned by Justice Mokgoro included –
She also chaired the South African Law Reform Commission between 1995 and 2011. In 2015, Justice Mokgoro was inducted as a member of the Order of the Baobab in Bronze for her excellent contribution in the field of law and administration of justice in a democratic South Africa.
Kgomotso Ramotsho Cert Journ (Boston) Cert Photography (Vega) is the news reporter at De Rebus.
