Co-chairpersons of the Law Society of South Africa, Jan van Rensburg and Mvuzo Notyesi handing over the inaugural Truth and Justice Award to Public Protector, Thuli Madonsela.

By Nomfundo Manyathi-Jele

The Law Society of South Africa (LSSA) has awarded outgoing Public Protector, Thuli Madonsela, with its inaugural Truth and Justice Award.

The award was presented to Ms Madonsela on 7 September at the Sheraton Hotel in Pretoria. The ceremony was attended by, among others, Deputy Judge President of the Gauteng Division of the High Court: Pretoria, Aubrey Ledwaba; the Co-chairpersons of the LSSA, Jan van Rensburg and Mvuzo Notyesi and the presidents of the constituent members of the LSSA.

In his address, Judge Ledwaba said that it was a privilege for him to be part of the inaugural function. He added that the Office of the Public Protector, as well as the other Chapter Nine institutions were established to strengthen constitutional democracy, to promote the rule of law and to ensure proper separation of powers.

Judge Ledwaba said the Office of the Public Protector was a trusted institution in our democracy. ‘It therefore necessitates that the person heading the Office of the Public Protector be a person of high moral integrity and one with impeccable legal knowledge to enable the institution to provide civil society with the only mechanism, other than costly private litigation, of ensuring that government acts lawfully, guided only by the Constitution and the law,’ he said.

Judge Ledwaba added that Ms Madonsela knew she was being watched and scrutinised, knew there were critics and sceptics, knew there were noises that tried to intimidate her, but she ignored all and focused on her mandate. ‘You sidestepped the dangers presented and pursued your goal of protecting the public,’ he said. He concluded by encouraging her to apply to become a judge: ‘When I looked at the list of shortlisted applicants for six positions of the Judges in the Gauteng High Court I thought I would see your name, but I hope what I have just said would inspire you to seriously consider applying when vacancies are advertised,’ he said.

In his tribute, Mr Notyesi said that Ms Madonsela’s strong commitment to the fight against corruption cannot be doubted or questioned, adding that the position that she has maintained as Public Protector has affirmed South Africa’s constitutional principles and values.

‘I remember when there were arguments about the binding nature of the Public Protector’s remedial actions and recommendations. You were almost the sole voice standing your ground that the remedial actions of the Public Protector were binding. On this you were vindicated by the Constitutional Court and the Supreme Court of Appeal. Indeed you bravely fought this principle,’ he said.

Mr Notyesi shared Judge Ledwaba’s sentiments and said that he personally could not wait to see her among the candidates for judicial appointment.

In his message of support, Black Lawyers Association (BLA) president, Lutendo Sigogo, said that the BLA was ‘truly proud of you as your no nonsense approach helped the country as we now know that the remedial decisions of a public protector are binding. You defended our Constitution and the rule of law with all your heart and soul.’

In her address Ms Madonsela dedicated the award to her staff and lawyer and freedom fighter, Priscilla Jana. She expressed her confidence in the Public Protector team carrying on with any outstanding work with the same determination they have displayed over the years, in the pursuit of service excellence. ‘As I prepare to clear my desk, my team and I are constantly fielding questions about the fate of some on-going investigations that might not be finalised by the time I leave office. We have been consistent in pointing out the work I have been credited for is the product of shared resolute leadership, constantly evolving systems, a committed, purpose-driven team that has been learning and growing together, bound by shared values, including a resolute commitment to ethical governance, accountability and responsiveness to all persons,’ she said.

Ms Madonsela said that of all the awards presented to her, the closest to her heart were those of humbling recognition from her peers in the legal field. These included the latest one, the General Bar Council of South Africa’s Sydney and Felicia Kentridge Award, received in 2015, and the South African Women Lawyers Association Award, received at the beginning of her term of office.

Ms Madonsela concluded by appealing to legal practitioners to consider rendering their services on a pro bono basis to the needy. She argued that most of the people, who had disputes against the state, did not have the financial muscle to litigate.

Nomfundo Manyathi-Jele, Communications Officer, Law Society of South Africa, nomfundom@lssa.org.za

This article was first published in De Rebus in 2016 (Oct) DR 18.