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Chief Justice of South Africa

December 07, 2023

The Chief Justice of South Africa[1] is the most senior judge of the Constitutional Court and head of the judiciary of South Africa, who exercises final authority over the functioning and management of all the courts.

Chief Justice of South Africa
List
  • 10 other official names:
  • Hoofregter van Suid-Afrika (Afrikaans)
  • Ijaji eliKhulu weSewula Afrika (Southern Ndebele)
  • iJaji eyiNtloko waseMzantsi Afrika (Xhosa)
  • IJaji eliyiNhloko yaMajaji aseNingizimu Afrika (Zulu)
  • Lijaji Lelikhulu weleNingizimu Afrika (Swazi)
  • Moahlodimogolo wa Afrika Borwa (Northern Sotho)
  • Moahlodi e Moholo wa Afrika Borwa (Sotho)
  • Moatlhodimogolo wa Aforika Borwa (Tswana)
  • Muavanyisinkulu wa Afrika-Dzonga (Tsonga)
  • Muhaṱuli Muhulwane wa Afrika Tshipembe (Venda)
Incumbent
Raymond Zondo
since 1 April 2022
StyleThe Honourable
NominatorJudicial Service Commission
AppointerPresident of South Africa
Term length12 years
Inaugural holderLord de Villiers
Formation1910
DeputyDeputy Chief Justice of South Africa
WebsiteOffice of the Chief Justice

The position of Chief Justice was created upon the formation of the Union of South Africa in 1910, with the Chief Justice of the Cape Colony, Sir (John) Henry de Villiers (later created The 1st Baron de Villiers), being appointed the first Chief Justice of the newly created Appellate Division of the Supreme Court of South Africa.

Until 1961, the Chief Justice held a dormant commission as Officer Administering the Government, meaning that if the Governor-General died or was incapacitated the Chief Justice would exercise the powers and duties of the Governor-General. This commission was invoked in 1943 under N.J. de Wet, and in 1959 and 1961 under L.C. Steyn.

History and creation of the post edit

The position of Chief Justice as it stands today was created in 2001 by the Sixth Amendment of the Constitution of South Africa, as an amalgamation of two previous high-ranking judicial positions of Chief Justice and President of the Constitutional Court. The Chief Justice therefore now presides over the Constitutional Court. The position of the presiding judge of the Supreme Court of Appeal of South Africa, the successor court to the Appellate Division, was as a consequence renamed President of the Supreme Court of Appeal.

Chief Justice in a new era edit

At the time of South Africa's democratisation in the early 1990s, the position of Chief Justice was held by University of Cambridge graduate and Second World War veteran Michael Corbett. Corbett took office in 1989, succeeding Chief Justice P.J. Rabie, who had been scheduled to retire in 1986 at the statutory retirement age of 70, but had had his tenure in office extended on an ad hoc basis by State President P.W. Botha.[2]

However, with the fall of Apartheid imminent, the progressively-minded Corbett was eventually handed the job of Chief Justice in 1989. Although appointed by the National Party government, Corbett was generally well liked by those in South Africa's new African National Congress (ANC)-led government, and upon his retirement in 1996 was given a formal state banquet where President Mandela paid tribute to the Chief Justice's "passion for justice", "sensitivity to racial discrimination", "intellectual rigour" and "clarity of thought".[3]

The first Chief Justice to be appointed in post-apartheid South Africa was Ismail Mahomed, a leading South African jurist of Indian descent, who was selected to succeed Corbett in 1997 and eventually took office in 1998. Mahomed held the position until his death in 2000.

Under South Africa's Interim Constitution of 1993 and later the Final Constitution, the importance of the position of Chief Justice as the position of final judicial authority was temporarily relegated beneath that of the President of the newly created Constitutional Court. Ismail Mohammed had been tipped widely for the job of Constitutional Court President but in 1994, President Nelson Mandela appointed leading human rights lawyer and director of the Legal Resources Centre Arthur Chaskalson to the position. In 2001, after Mohammed's death and, consequently, with the position of Chief Justice vacant, the Sixth Amendment of the Constitution of South Africa fused the positions of Chief Justice and President of the Constitutional Court into one single job of Chief Justice. Chaskalson was subsequently appointed to the new post, although his tasks remained effectively the same.

Chief justices of Cape Colony edit

Source:[4]

*1828 Supreme Court established

Chief justices of Natal (1856–1910) edit

  • 1858–1874 Walter Harding
  • 1874–1890 Sir Henry Connor[5]
  • 1890–1901 Michael Henry Gallwey
  • 1901–1910 Sir Henry Bale (died 1910)

Chief justices of Orange Free State (1875–1919) edit

Chief justices of Transvaal (1877-1910) edit

Chief justices of South Africa edit

  1. 1910–1914 The 1st Baron de Villiers
  2. 1914–1927 Sir James Rose Innes
  3. 1927–1929 Sir William Henry Solomon
  4. 1929–1932 Jacob de Villiers
  5. 1932–1936 Sir John Wessels
  6. 1936–1938 John Stephen Curlewis
  7. 1938–1939 James Stratford
  8. 1939–1943 Nicolaas Jacobus de Wet
  9. 1943–1950 Ernest Frederick Watermeyer
  10. 1950–1957 Albert van der Sandt Centlivres
  11. 1957–1959 Henry Allan Fagan
  12. 1959–1971 Lucas Cornelius Steyn
  13. 1971–1974 Newton Ogilvie Thompson
  14. 1974–1982 Frans Lourens Herman Rumpff
  15. 1982–1989 Pieter Jacobus Rabie
  16. 1989–1996 Michael Corbett
  17. 1998–2000 Ismail Mahomed
  18. 2001–2005 Arthur Chaskalson
  19. 2005–2009 Pius Langa
  20. 2009–2011 Sandile Ngcobo[8]
  21. 2011–2021 Mogoeng Mogoeng
  22. 2022– Ray Zondo

See also edit

References edit

  1. ^ . The Presidency. Government of South Africa. 3 June 2011. Archived from the original on 27 December 2011. Retrieved 11 July 2011.
  2. ^ . Archived from the original on 2005-05-06. Retrieved 2005-06-26.
  3. ^ . Archived from the original on 2004-12-15. Retrieved 2005-06-26.
  4. ^ Zimmermann, Reinhart. Southern Cross: Civil Law and Common Law in South Africa.
  5. ^ Zimmermann, Reinhart. Southern Cross: Civil Law and Common Law in South Africa. p. 110.
  6. ^ Zimmermann, Reinhart. Southern Cross: Civil Law and Common Law in South Africa. p. 116.
  7. ^ Zimmermann, Reinhart. Southern Cross: Civil Law and Common Law in South Africa. p. 116.
  8. ^ "Zuma bids farewell to Ngcobo". www.iol.co.za. Retrieved 2021-08-24.

External links edit

  • Office of the Chief Justice

December 07, 2023
chief, justice, south, africa, most, senior, judge, constitutional, court, head, judiciary, south, africa, exercises, final, authority, over, functioning, management, courts, list, other, official, names, hoofregter, suid, afrika, afrikaans, ijaji, elikhulu, w. The Chief Justice of South Africa 1 is the most senior judge of the Constitutional Court and head of the judiciary of South Africa who exercises final authority over the functioning and management of all the courts Chief Justice of South AfricaList 10 other official names Hoofregter van Suid Afrika Afrikaans Ijaji eliKhulu weSewula Afrika Southern Ndebele iJaji eyiNtloko waseMzantsi Afrika Xhosa IJaji eliyiNhloko yaMajaji aseNingizimu Afrika Zulu Lijaji Lelikhulu weleNingizimu Afrika Swazi Moahlodimogolo wa Afrika Borwa Northern Sotho Moahlodi e Moholo wa Afrika Borwa Sotho Moatlhodimogolo wa Aforika Borwa Tswana Muavanyisinkulu wa Afrika Dzonga Tsonga Muhaṱuli Muhulwane wa Afrika Tshipembe Venda Flag of South AfricaIncumbentRaymond Zondosince 1 April 2022StyleThe HonourableNominatorJudicial Service CommissionAppointerPresident of South AfricaTerm length12 yearsInaugural holderLord de VilliersFormation1910DeputyDeputy Chief Justice of South AfricaWebsiteOffice of the Chief JusticeThe position of Chief Justice was created upon the formation of the Union of South Africa in 1910 with the Chief Justice of the Cape Colony Sir John Henry de Villiers later created The 1st Baron de Villiers being appointed the first Chief Justice of the newly created Appellate Division of the Supreme Court of South Africa Until 1961 the Chief Justice held a dormant commission as Officer Administering the Government meaning that if the Governor General died or was incapacitated the Chief Justice would exercise the powers and duties of the Governor General This commission was invoked in 1943 under N J de Wet and in 1959 and 1961 under L C Steyn Contents 1 History and creation of the post 2 Chief Justice in a new era 3 Chief justices of Cape Colony 4 Chief justices of Natal 1856 1910 5 Chief justices of Orange Free State 1875 1919 6 Chief justices of Transvaal 1877 1910 7 Chief justices of South Africa 8 See also 9 References 10 External linksHistory and creation of the post editThe position of Chief Justice as it stands today was created in 2001 by the Sixth Amendment of the Constitution of South Africa as an amalgamation of two previous high ranking judicial positions of Chief Justice and President of the Constitutional Court The Chief Justice therefore now presides over the Constitutional Court The position of the presiding judge of the Supreme Court of Appeal of South Africa the successor court to the Appellate Division was as a consequence renamed President of the Supreme Court of Appeal Chief Justice in a new era editAt the time of South Africa s democratisation in the early 1990s the position of Chief Justice was held by University of Cambridge graduate and Second World War veteran Michael Corbett Corbett took office in 1989 succeeding Chief Justice P J Rabie who had been scheduled to retire in 1986 at the statutory retirement age of 70 but had had his tenure in office extended on an ad hoc basis by State President P W Botha 2 However with the fall of Apartheid imminent the progressively minded Corbett was eventually handed the job of Chief Justice in 1989 Although appointed by the National Party government Corbett was generally well liked by those in South Africa s new African National Congress ANC led government and upon his retirement in 1996 was given a formal state banquet where President Mandela paid tribute to the Chief Justice s passion for justice sensitivity to racial discrimination intellectual rigour and clarity of thought 3 The first Chief Justice to be appointed in post apartheid South Africa was Ismail Mahomed a leading South African jurist of Indian descent who was selected to succeed Corbett in 1997 and eventually took office in 1998 Mahomed held the position until his death in 2000 Under South Africa s Interim Constitution of 1993 and later the Final Constitution the importance of the position of Chief Justice as the position of final judicial authority was temporarily relegated beneath that of the President of the newly created Constitutional Court Ismail Mohammed had been tipped widely for the job of Constitutional Court President but in 1994 President Nelson Mandela appointed leading human rights lawyer and director of the Legal Resources Centre Arthur Chaskalson to the position In 2001 after Mohammed s death and consequently with the position of Chief Justice vacant the Sixth Amendment of the Constitution of South Africa fused the positions of Chief Justice and President of the Constitutional Court into one single job of Chief Justice Chaskalson was subsequently appointed to the new post although his tasks remained effectively the same Chief justices of Cape Colony editSource 4 1812 Sir Johannes Andries Truter Vice Admiralty Court 1827 1855 Sir John Wylde 1828 Supreme Court established 1855 1858 Sir Sidney Smith Bell acting 1858 1868 Sir William Hodges 1868 1874 Sir Sidney Smith Bell 1874 1910 John de Villiers 1st Baron de VilliersChief justices of Natal 1856 1910 edit1858 1874 Walter Harding 1874 1890 Sir Henry Connor 5 1890 1901 Michael Henry Gallwey 1901 1910 Sir Henry Bale died 1910 Chief justices of Orange Free State 1875 1919 edit1874 1888 Francis William Reitz 1889 1900 Melius de Villiers 1902 1919 Sir Andries Maasdorp Orange River Colony Chief justices of Transvaal 1877 1910 edit1881 John Gilbert Kotze 1898 Reinhold Gregorowsky 6 1902 1910 James Rose Innes 7 Transvaal Colony Chief justices of South Africa edit1910 1914 The 1st Baron de Villiers 1914 1927 Sir James Rose Innes 1927 1929 Sir William Henry Solomon 1929 1932 Jacob de Villiers 1932 1936 Sir John Wessels 1936 1938 John Stephen Curlewis 1938 1939 James Stratford 1939 1943 Nicolaas Jacobus de Wet 1943 1950 Ernest Frederick Watermeyer 1950 1957 Albert van der Sandt Centlivres 1957 1959 Henry Allan Fagan 1959 1971 Lucas Cornelius Steyn 1971 1974 Newton Ogilvie Thompson 1974 1982 Frans Lourens Herman Rumpff 1982 1989 Pieter Jacobus Rabie 1989 1996 Michael Corbett 1998 2000 Ismail Mahomed 2001 2005 Arthur Chaskalson 2005 2009 Pius Langa 2009 2011 Sandile Ngcobo 8 2011 2021 Mogoeng Mogoeng 2022 Ray ZondoSee also editConstitutional Court of South Africa Constitution of South AfricaReferences edit Statement by President Zuma on the extension of Judge Ngcobo s Service The Presidency Government of South Africa 3 June 2011 Archived from the original on 27 December 2011 Retrieved 11 July 2011 Detectives and the Rule of Law Solving Crime the State of the SAPS Detective Service Monograph No 31 1998 Archived from the original on 2005 05 06 Retrieved 2005 06 26 Pres Mandela at Banquet of Chief Justice Corbett Archived from the original on 2004 12 15 Retrieved 2005 06 26 Zimmermann Reinhart Southern Cross Civil Law and Common Law in South Africa Zimmermann Reinhart Southern Cross Civil Law and Common Law in South Africa p 110 Zimmermann Reinhart Southern Cross Civil Law and Common Law in South Africa p 116 Zimmermann Reinhart Southern Cross Civil Law and Common Law in South Africa p 116 Zuma bids farewell to Ngcobo www iol co za Retrieved 2021 08 24 External links editOffice of the Chief Justice Retrieved from https en wikipedia org w index php title Chief Justice of South Africa amp oldid 1118523588, wikipedia, wiki, book, books, library,

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