On 21 August 2024, the judiciary held a special ceremonial court sitting for former Chief Justice Raymond Zondo. The occasion was attended by distinguished guests, including, the former President of South Africa, Thabo Mbeki and his wife Zanele Mbeki, Archbishop Thabo Makgoba and representatives of organised bodies in the legal profession. Various speakers were given an opportunity to pay tribute to Justice Zondo.
In his tribute, Chairperson of the Advocates for Transformation, Myron Dewrance SC, said that Justice Zondo’s name has become synonymous with integrity, courage and an unwavering commitment to justice. He added that Justice Zondo’s career has been nothing short of monumental. ‘When he first donned the robes of a judge, he embarked on a journey that would see one of the most influential jurists in South African history. His tenure has been marked by a series of landmark decisions that have not only upheld the rule of law but have also been instrumental in shaping the very fabric of our democratic society.’
Mr Dewrance pointed out Justice Zondo’s tenure was marked by a concerted effort to ensure serious racial and gender transformation within the Labour Court, reflecting his commitment to an inclusive, and representative judiciary, and a particular moving chapter in his legacy was the reintroduction of the Aspirant Women Judges Programme in 2023, originally initiated by former Minister of Justice, Brigitte Mabandla. ‘This programme was revitalised by Chief Justice Zondo to fast track the training of women judges and magistrates. Naming it the Brigitte Mabandla Aspirant Women Judges Programme in honour of the former Justice Minister,’ Mr Dewrance added.
Mr Dewrance added: ‘Chief Justice, as you step down from the Bench, we express our greatest and deepest gratitude for your service, your impact has been profound, and your example will continue to guide us as we strive to build a more equitable society. In closing let us remember that the strength of our democracy lies not only in the words inscribed in our Constitution but in the steadfast commitment of individuals like Chief Justice Zondo. As we honour your retirement today, we also reaffirm our collective commitment to the values you have championed. Thank you, Chief Justice Zondo, for your extraordinary service.’
The President of the Black Lawyers Association (BLA), Nkosana Mvundlela, said the BLA proudly acknowledges that the Chief Justice has risen through the ranks, and has represented what it means to be born poor. ‘We recognise that you have taught us an important lesson: you refused to be defined by where you were born, who gave birth to you, or their inability to be able to have the financial means to send you to better institutions,’ Mr Mvundlela said.
Mr Mvundlela said Justice Zondo made his mark and chose a path for the brave. ‘You have chosen a role of telling one where to stop without hindering progress. You have taught us how to relate and how to behave, and for that, we owe you our sincere gratitude. We urge the judiciary to continue his work after Chief Justice Zondo leaves. Unfortunately, Chief Justice, I am uncertain whether we should view your departure from this court with a pinch of salt,’ Mr Mvundlela added.
Mr Mvundlela said Justice Zondo must make time to come and teach legal practitioners, so that when they appear before Justice Zondo’s former colleagues at the judiciary, they must be able to uphold the standard of the different courts they would be appearing in.
Mr Mvundlela said: ‘Let us celebrate your life, understanding how much you have been able to contribute to the narrative of the judiciary as the cornerstone of our democracy. You have answered all the questions, honestly and truthfully every time when appearing in interviews. We understand you were identified by your peers for this position, and you did not necessarily seek it out of ambition. I would refuse a narrative that says that you raised your hand because you thought you are better than others. I believe that others accepted and identified your potential. With that in mind, we urge you to continue being humble and continue to be guided in your role.’
Mr Mvundlela said Justice Zondo’s elevation to the Constitutional Court (CC), and his participation at the Labour Court and the High Court in Pretoria, is a true reflection of the fact that his was meant to come and add value and add value he did. ‘We have seen how effectively you implemented the Constitution and interpreted it in a manner that helped the ordinary man on the street understand its meaning. In the two judgments that I found persuasive, namely Chief Avhatendi Ratshibvumo Rambuda and Others v Tshibvumo Royal Family and Others (CC) (unreported case no CCT 255/22, 17-7-2024) (Maya DCJ, Chaskalson AJ, Dodson AJ, Kollapen J, Mathopo J, Mhlantla J, Rogers J, Schippers AJ and Tshiqi J) and Mphephu-Ramabulana Royal Family v Premier of the Limpopo Province and Others (CC) (unreported case no CCT 373/22, 21-6-2024) (Zondo CJ, Bilchitz AJ, Chaskalson AJ, Majiedt J, Mathopo J, Mhlantla J, Theron J and Tshiqi J), you showed that our Constitution is for the people and the people are not for the Constitution. Let us sing that song every day and uphold people’s rights in a manner that respects their culture within the heartbeat of the Constitution,’ Mr Mvundlela added.
Mr Mvundlela pointed out that Justice Zondo is grounded, and that has earned him respect. He added that as the leader of the judiciary, Justice Zondo has shown metal resilience, humanness, humility and understanding when leading the Judicial Service Commission (JSC). ‘Your decision to improve the panel for interviewing candidates for judges’ positions is something we must celebrate. The changes you brought about are significant. The most dangerous thing we can do is to allow the JSC to deteriorate, because people will no longer want to come there. And when people do not come there, we will run out of justices and judges in the country, and we cannot support that,’ Mr Mvundlela added.
Mr Mvundlela said Justice Zondo leaves the judiciary in a good place, and in good hands of Chief Justice Mandisa Maya. Who he said was correctly appointed to lead the CC and the judiciary. ‘The BLA says go and rest. You have done your part. You have run the race. You have made your mark in the sand, and no one is going to erase it,’ Mr Mvundlela added.
The President of the National Association of Democratic Lawyers (NADEL), Mvuzo Notyesi, said that the South African judiciary requires more individuals of Justice Zondo’s calibre. He said that Justice Zondo is one of the most brilliant minds to have emerged from South Africa (SA). He added that Justice Zondo’s prolific contributions to legal scholarship are evident, with over 200 reported judgments that have significantly shaped the jurisprudence of SA, enriched the legal system, and established crucial precedents. ‘Your dedication has illustrated the path for many, serving as a source of inspiration for those who seek justice. You have steadfastly been a pillar upon which the edifice of justice stands firm and resilient, laying the groundwork for future generations with unwavering commitment,’ Mr Notyesi said.
Mr Notyesi added that Justice Zondo’s character has enabled him to interact with everyone with respect and dignity. He said that few would have been able to withstand the attacks levied against Justice Zondo during his tenure as chairperson of the State Capture Commission. ‘You faced considerable opposition for the work of the Commission and were given various names, one that immediately comes to mind is “Barry White”. It is true Chief Justice Zondo, you are leaving a legacy that will inspire countless generations in the legal profession and judiciary,’ Mr Notyesi added.
Mr Notyesi added: ‘The legacy that you are leaving recognises the importance of creating an equitable, efficient, and just legal system that serves the interests of all citizens with the highest standards of integrity and professionalism. Your sense of justice and fairness is undoubtedly interlinked with your humble beginnings as a child of a working-class family.’
The Vice-President of the Law Society of South Africa, Eunice Masipa, at Justice Zondo’s sitting said Justice Zondo is a towering figure, and an esteemed jurist. She added that the gathering of the ceremonial sitting was a celebration of a great career that has left an indelible mark on the fabric of SA’s legal landscape. ‘For decades Chief Justice Zondo has been at the forefront of our judiciary. Navigating through some of the challenging and complex issues our country has faced,’ Ms Masipa said. She added that Justice Zondo’s journey from a humble background to the pinnacle of the legal profession has been nothing short of inspiring. And his life and career serve as a testament to the transformative power of hard work, dedication, and unwavering commitment to justice.
Ms Masipa pointed out that Justice Zondo’s career has been characterised by an exceptional ability to blend legal precision with an acute awareness of the social and political realities that shaped SA. ‘I think this made much more sense as you narrated the story of how you ultimately managed to register your degree and ultimately how you became a legal practitioner. Your humble beginnings are really shown in how you have executed your duties. This combination of attributes has earned him not only the respect of his peers but also the trust of the public who have looked to him as a good guardian of the Constitution and a protector of our democracy,’ Ms Masipa added.
Ms Masipa added that the State Capture Commission under the leadership of Justice Zondo became a beacon of hope for many South Africans who had lost faith in the institutions that are meant to serve them. She said that through the meticulous and fearless inquiry, Justice Zondo exposed the depth of corruption and maladministration that had taken root in the state. ‘And in so doing he reminded us of the critical importance of transparency, accountability and upholding the rule of law,’ Ms Masipa said.
General Council of the Bar’s Donald Jacobs SC said in 2022 Justice Zondo was awarded the Sydney and Felicia Kentridge Award. He pointed out that the citation in support of Justice Zondo’s recommendation was endorsed by Sir Sydney Kentridge. ‘I quote one passage in that recommendation which summarises in a very limited way the person that you are and the contribution that you have made the award itself is one which is hotly contested, and it says the following. “The career path of this man from humble beginnings is not only an inspiration to many but his accomplishments and his clear and unwavering commitment and dedication to the principles of the rule of law and equality before law render him a worthy nomination for this prestigious award”’.
Mr Jacobs said in having the award bestowed on Justice Zondo, Justice Zondo joined other legal eagles and luminaries including former Chief Justice Arthur Chaskalson, former Chief Justice Ismail Mahomed, and former Chief Justice Pius Langa and others. He added that Justice Zondo has truly answered the clarion call aptly stated by John F Kennedy at his inaugural speech when he said, ‘ask not what your country can do for you – ask what you can do for your country.’
Mr Jacobs said: ‘Your contribution to society transcends the legal profession and the judiciary over a lifetime of service. You have touched the lives of the unseen and the forgotten and have demonstrated the power of law to transform society. You have led the judiciary with distinction. Under your stewardship the judiciary remains independent and the rule of law flourishes.’
Legal Practice Council member, Kathleen Matolo-Dlepu said Justice Zondo spent his life fighting for the rights and dignity of the working class in SA, a group of people easily susceptible to discrimination and marginalisation. ‘You have shaped South African labour law by contributing to key legislation, such as the Labour Relations Act [66 of 1995 (LRA)], a cornerstone in transforming the landscape of South African labour law in our current constitutional dispensation, promoting economic development, social justice, and the democratisation of the workplace,’ Ms Matolo-Dlepu said.
Ms Matolo-Dlepu pointed out that the LRA created important protections for workers, and mechanisms such as the Commission for Conciliation, Mediation and Arbitration, which has been critical to keeping industrial stability in the country. ‘Your contribution to that reality cannot be diminished,’ she said.
Ms Matolo-Dlepu added that during his tenure as Judge President of the Labour and Labour Appeal Courts, Justice Zondo delivered numerous influential judgments. ‘You have been known for your deep understanding of labour issues, which is reflected in your balanced approach to cases involving both workers’ rights and employers’ obligations. Some of the judgments you have written include [Bader Bop (Pty) Ltd v National Union of Metal and Allied Workers of SA and Others (2002) 23 ILJ 104 (LAC)] where you emphasised the importance of recognising the rights of minority unions to participate in workplace forums and strike action, reinforcing the principle of fair representation and the protection of workers’ rights irrespective of their union size,’ Ms Matolo-Dlepu added.
Ms Matolo-Dlepu said that the country and the legal profession have been privileged to have had Justice Zondo as one of the Chief Justices who protected constitutional democracy. ‘Our Constitution, while lauded as one of the best in the world, still has the challenge of ensuring access to justice and ensuring empowerment of women legal practitioners,’ Ms Matolo-Dlepu added.
Ms Matolo-Dlepu said that one of the characteristics she most admired about Justice Zondo, is his commitment to the empowerment of women in the profession. ‘At the Griffith and Victoria Mxenge Memorial Lecture held by the South African Women Lawyers Association, you delivered a moving and impactful tribute to your mentor, Victoria Nonyamezelo Mxenge, going so far as to say that “she made you.” This profound acknowledgement of the influence your principal and mentor had on your career has continued in your support of women in the profession throughout your tenure as a legal practitioner and presiding officer,’ Ms Matolo-Dlepu added.
Ms Matolo-Dlepu said Justice Zondo volunteered his voice to the Women in Law Awards (WOZA), highlighting the importance of recognising outstanding women legal practitioners and reminding attendees that gender inequality continues to exist because men allow it to, even though many swear up and down that they do not. ‘As you welcome the first woman Chief Justice incumbent, I am confident that the legacy you will leave behind in this court will be carried through. On behalf of the Legal Practice Council, legal practitioners all over the country, we thank you for your generosity, your patience, your fierce protection of the rule of law and our Constitution. You have contributed to the future of our country. As we bid you farewell, we wish you long life and a well-deserved rest,’ Ms Matolo-Dlepu said.
Pan African Bar Association of South Africa’s Elizabeth Baloyi-Mere SC added that a meaningful life is not about being rich, being popular, being highly educated, or being perfect. She said it is about being real, being humble, being strong, and being able to share ourselves and touch the lives of others. She added that Justice Zondo served and contributed meaningfully as a member of the Ministerial Task Team, which was tasked with producing the draft Labour Relations Bill, which was later subsequently passed as the Labour Relations Act. She pointed out that this goes to show that Justice Zondo is more for the man on the street. ‘We know the history, we know our labour history, how the ordinary man on the streets labour rights were trampled upon and the Labour Relations Act brought some light to the ordinary labourers.’
Ms Baloyi-Mere also pointed out that among other committees, Justice Zondo served in a committee that investigated the use of official languages in courts. ‘We all know that the use of a language is something that can be weaponized. I stand here, I do not know big words. I do not know big English and if you find yourself in that situation, you most of the time find yourself at a disadvantage because language can be weaponized. We know where we come from when it comes to language, we know how language has been used in our courts to exclude most of us,’ Ms Baloyi-Mere added.
Ms Baloyi-Mere said that Justice Zondo leaves behind a legacy of excellence, transparency and faithfulness to the Constitution of the Republic. ‘Your efforts to transform not only the judiciary but also the legal fraternity shall not go unnoticed. Yours was a unique era, Chief Justice, in that you were confronted with a mammoth task of presiding over the very first and hopefully the last State Capture Commission, a job you did without fear, favour, or prejudice. It is also during your tenure, and I know that there’s already been submissions in that regard that you revived the Aspirant Women Judges Programme. We are grateful for that step and we know that the incoming Chief Justice will continue with it,’ Ms Baloyi-Mere said.
In her tribute to Justice Zondo, National Director of Public Prosecutions, Shamila Batohi said that Justice Zondo’s unwavering service to the nation and devotion of his illustrious career to the Zondo Commission will forever be known for laying bear the ravages of state capture. The nation came to truly understand that state capture was an orchestrated attack against hard-fought democracy and economy. She added that state capture did not only devastate the economy and the development prospects but most importantly, it ripped the heart out of the rule of law, the central ingredient of the social contract holding the country together.
Ms Batohi said confidently that the National Prosecuting Authority (NPA) heeded Justice Zondo’s remark and have started to see the fruits of very conscientious and painstaking processes embarked on. Ms Batohi pointed out that with only a fraction of the commission’s budget over the last five years – knowing that was still not enough – the NPA has worked through five corrupt, interrupted years to rebuild a fractured NPA and future-proof it against potential future state capture attempts, and importantly, to strengthen the rule of law in the country. ‘Chief Justice you understood the importance of this and the need for critical institutional constitutional entities like the National Prosecuting Authority to be functionally and operationally independent. You requested that we make submissions to the commission on this aspect, which we did. We are working with the new minister and the Department to hopefully introduce legislation to Parliament in the following year to deal with these issues,’ she said.
Ms Batohi assured Justice Zondo that as he retires the real impact of his work of the commission will be felt. ‘That we will have those responsible for the devastation of state capture face justice’ Ms Batohi said.
The Minister of Justice and Constitutional Development, Thembi Simelane, said that listening to the praises from friends and colleagues was fitting for a man who has given his best to the nation. She pointed out that one of Justice Zondo’s colleagues summed up his leadership in the judiciary as one being in safe hands. ‘That you were scholarly in how you approached your work. He went further to say you are calm level-headed and you never acted impassively. And for me I think that’s what sums up really the journey of 27 years and beyond.’
Ms Simelane said: ‘We thank you again for your selfless and courageous service to the nation and I can never thank you enough and your family for all the sacrifices that you have made in person, and they’ve also made in allowing you to work in such a very demanding environment. And I’m saying this because, in the history of South Africa, I think your children will forever know that it will always be divided in two parts: the pre-Zondo Commission and the post-Zondo,’ Ms Simelane added.
Speaker of the National Assembly, Thoko Didiza, during her tribute quoted the words used by the President, saying: ‘The position of Chief Justice carries a great responsibility in our democracy. As the head of the judiciary, the Chief Justice is a guardian of our Constitution and the laws adopted by the freely elected representatives of the people. The Chief Justice stands as the champion of the rights of all South Africans and bears responsibility for ensuring equal access to justice.’
Ms Didiza said that indeed Justice Zondo has done so. His peers and colleagues in their presentations alluded to how he executed his responsibility in accordance with what the President framed as the role of Chief Justice in the country. ‘I want to say as Parliament we are honoured of having worked with you during your service as Chief Justice. Ladies and gentlemen, Chief Justice Zondo has made significant strides to vigorously protect the independence of the judiciary and promote the interconnectedness and functionality of the three arms of state.’
In his response, Justice Zondo thanked his colleagues and guest speakers for the special occasion and kind words. He also thanked the people of SA for being so kind to him in his journey. ‘Indeed South Africa is a country of great possibilities. It is a country where somebody can be in prison for 27 years and come out of that to be the president of the country. Indeed, it is a country where somebody without any formal education can rise to be the president of the country. Indeed, it is a country where a boy from a rural village who fetched firewood from the forest put them on his heads to take them home to the family, for the family to make fire and cook. A boy who fetched water from the spring, put a bucket of water on the head, climbed a hill to take it to the family home so that the family could cook and wash. A boy who looked after goats and cattle, who engaged in stick fighting with other boys, a boy raised by a single parent, a great woman, a resilient woman, can rise and ultimately become the Chief Justice of this country,’ Justice Zondo said.
He pointed out that he was very aware that it is not only him, because the Chief Justice that he succeeded came from just as humble beginnings. Justice Zondo shared a story about how poor he and former Chief Justice Mogoeng Mogoeng were while at the University of Zululand. That they were so poor everyone could see it. That Justice Mogoeng often wore overalls because he did not have other clothes. However, he rose from those humble beginnings to become Chief Justice.
Justice Zondo further paid tribute to Justice Mogoeng, acknowledging his outstanding leadership in the judiciary. ‘During those ten years, we never got an opportunity to give him a proper send-off because he chose that we shouldn’t do it, and the contributions be made to the judiciary. We will never forget his Nkandla judgment which in my view and the view of many helped to stop the country as it was sliding further down. I want to thank former Chief Justice Mogoeng and his wife for the extraordinary support they have given me over many years. Thank you very much, words are not enough to describe the kind of support you have given me throughout, so thank you very much,’ Justice Zondo said.
Kgomotso Ramotsho Cert Journ (Boston) Cert Photography (Vega) is the news reporter at De Rebus.