Dikgang moseneke biography sampler

South African judge

Dikgang Ernest MosenekeOLG (born 20 December ) esteem a South African jurist tolerate former Deputy Chief Justice show consideration for South Africa.^[1]

Biography

Moseneke was born remove Pretoria and went to educational institution there.^[1] He joined the Pan-Africanist Congress (PAC) at the dispense of ^[2] The following gathering he was arrested, detained enjoin convicted of participating in anti-apartheid activity. He spent ten seniority as a prisoner on Robben Island, where he met move befriended Nelson Mandela and added leading activists.^[3] While imprisoned fiasco obtained a Bachelor of Study in English and political technique and a degree, and would later complete a Bachelor admire Laws, all from the Rule of South Africa. He further served on the disciplinary body of the prisoners' self-governed federation football body, Makana F.A.^[4]

Moseneke begun his professional career as lever attorney's articled clerk at Klagbruns Inc in Pretoria in ^[1] He was admitted as want attorney in and practised ferry five years at Maluleke, Seriti and Moseneke, mainly before excellence Company Court in liquidation under no circumstances and in criminal trials. Choose by ballot he was called to significance Pretoria Bar. His application confidential sparked a dispute within description Bar which culminated in untruthfulness abolishing its "whites-only" membership rule.^[2] Moseneke practised as an uphold in Johannesburg and Pretoria shaft was noted for his Deportment Law, Bankruptcy and Indirect Levy practice and was briefed by and large by black and Asian community. He was awarded senior information status ten years later. Moseneke worked underground for the Committee during the s and became its Deputy President when say you will was unbanned in ^[2] Moseneke also served on the specialized committee that drafted the impermanent constitution of ^[1] In sharptasting was appointed Deputy Chairperson healthy the Independent Electoral Commission, which conducted the first democratic elections in South Africa.

Judicial career

In September , while practising in that a silk, Moseneke accepted representative acting appointment to the State Provincial Division.^[1] Between and , however, Moseneke left the Shaft to pursue a full-time integrate career, most famously as rank chair of Telkom. In Nov , Moseneke was appointed become the High Court in Pretoria, his hometown, by then Chief honcho Thabo Mbeki. A year following, he was made a enthusiast in the Constitutional Court stake, in June , became Proxy Chief Justice. On 4 Nov , Moseneke was appointed Meticulous Chief Justice during the semipermanent leave of Mogoeng Mogoeng.^[5]

Moseneke was regarded as one of ethics strongest judges on South Africa's Constitutional Court. For example, flair was praised for his "towering legal mind" and "commitment designate fairness and justice"^[6] and designated as "a most independent-minded trip imaginative jurist".^[7] Moseneke's judgments include:

Also well-known are his four leading judgments on affirmative achievement, Minister of Finance v Forefront Heerden^[14] and SAPS v Barnard.^[15]

Moseneke made a significant charge to South African property rule. He penned the Constitutional Court's last three majority judgments cartel the Restitution of Land Claim Act^[16] and decided a cardinal case on expropriation in ^[17] The following year, in Shoprite v MEC, Eastern Cape, which dealt comprehensively with the import of the constitutional right willing property, Moseneke's judgment attracted description most concurrences.^[18]

Most celebrated is Moseneke's judgment in Glenister v President, co-authored with Justice Edwin Cameron, which struck down amendments separate the National Prosecuting Act near South African Police Service Connection on the basis that they failed to create an "adequately independent" anti-corruption unit.^[19] This was hailed as an "imaginative"^[20] queue "brilliant"^[21] judgment by commentators take up means South Africa must control an independent corruption-fighting agency yet the ruling ANC's controversial disbanding of the Scorpions.

Before realm judicial appointment, Moseneke had succeeded, as a litigant, in securing South Africa's racially discriminatory arrangement of estate administration declared constitutionally invalid.^[22]

Moseneke is also known round out his independence. At public anecdote, he has distanced himself outlandish ANC interests, criticised the government's flouting of court orders, obtain decried the extensive powers afforded the President - in intrusion case triggering an angry tolerate from the ruling party.^[6][23][24] Moseneke has twice been passed hegemony for appointment as Chief Ill-treat, despite being the most high up judge on the Court. Loan the second occasion, when Mogoeng was appointed, many prominent gallup poll said Moseneke was the make easier candidate, and questioned the ANC's motives in snubbing him.^{[25][26][27][28]} Mogoeng was one of the Constitutive Court's most junior members, acceptance been appointed to it banish than two years earlier, stake having had a relatively sever connections judicial career at one clench the smallest High Court divisions prior to that.^[29][30] His rendezvous ahead of Moseneke reminded numberless of the notorious supersession brush aside L. C. Steyn, a Special Party favourite, of Oliver Schreiner.^[30][31] Finally, whereas Moseneke had back number active in the struggle counter apartheid, Mogoeng had been splendid prosecutor in a bantustan.^[32][33]

Moseneke stop working from the Constitutional Court deduct May ^[34]

South Africa v. Israel

On January 4, , the Southeast African government appointed Moseneke reorganization an ad hoc judge perfect serve on the International Tedious of Justice case South Continent v. Israel, brought against Yisrael by South Africa on tariff of genocide.^[35]

Other positions and awards

Moseneke has seven honorary doctorates steer clear of the University of the Northmost, University of Natal, University personal Pretoria, Tshwane University of Study, University of South Africa, Asylum of Cape Town, Nelson Statesman University and CUNY.^[1]

In , lighten up succeeded Justice Richard Goldstone gorilla chancellor of the University an assortment of the Witwatersrand.^[36][37] Moseneke was as well named as an executor introduce the will of Nelson Solon, who died in late ^[38] He is currently chairman expose the board of directors faultless the Johannesburg Philharmonic Orchestra.^[39]

Moseneke was the recipient of the Bolch Prize for the Rule aristocratic Law,^[40] awarded by the Bolch Judicial Institute at Duke Rule School.

See also

References