Who Is Judge President Mandlakayise J Hlophe : A Conversation – 5th Segment

In this Fifth Segment in a series of 8 interview videos, Judge President of the Western Cape High Court, Justice Mandlakayise Hlophe, takes us through some of the more “controversial” aspects of his tenure as Judge President of the Western Cape High Court, including his accepting nomination as Chief Justice despite facing possible impeachment. We cover:

  • his view on Judicial Activism
  • his nomination as Chief Justice and his acceptance of that nomination despite criticism
  • his being “blocked” on each occasion the position of Chief Justice becomes open
  • his being “cleared” by the Judicial Conduct Tribunal
By |2021-10-28T23:05:53+02:00Oct 28th, 2021|Legal Voices|Comments Off on Who Is Judge President Mandlakayise J Hlophe : A Conversation – 5th Segment

Who Is Judge President Mandlakayise J Hlophe : A Conversation – Bonus Segment 18 October 2021

In this Bonus Segment, Judge President of the Western Cape High Court, Justice Mandlakayise Hlophe, takes us through some of the changes he would like to see if he were appointed Chief Justice. These include:

  • amalgamation of the SCA and the Concourt
  • his general aversion to the right of direct access to the Concourt
  • problems with the apex court acting as a court of first instance
  • his assessment of the nature of his relationship with colleagues on the Western Cape High Court bench and members of the Cape Bar
By |2021-10-28T23:23:36+02:00Oct 28th, 2021|Legal Voices|1 Comment

Who Is Judge President Mandlakayise J Hlophe : A Conversation – 8th Segment 18 October 2021

In this Eighth Segment in a series of 8 interview videos, Judge President of the Western Cape High Court, Justice Mandlakayise Hlophe, takes us through various issues of judicial nature that trouble him. We cover:

  • judicial matters that keep him up at night
  • his position on expressing a view on rumours that some Judges are “captured”
  • his view on why he has never been invited to Act as a Justice on the Constitutional Court
  • his (guarded) view on compulsory covid vaccination
By |2021-10-28T22:09:33+02:00Oct 28th, 2021|Legal Voices|Comments Off on Who Is Judge President Mandlakayise J Hlophe : A Conversation – 8th Segment 18 October 2021

Who Is Judge President Mandlakayise J Hlophe : A Conversation – 7th Segment 18 October 2021

In this Seventh Segment in a series of 8 interview videos, Judge President of the Western Cape High Court, Justice Mandlakayise Hlophe, takes us through his Chief Justice ambitions . We cover:

  • the lost opportunity by the judiciary to testify at the Truth & Reconciliation Commission
  • his view that “apartheid was maintained by judges” who should have applied for amnesty
  • his view that judgments must be brief & easy to read and understand
  • his view that there should be more references to African jurisprudence than European jurisprudenc

and more …

The “Justice Mandlakayise Hlophe, the Activist” theme continues …

By |2021-10-28T22:08:27+02:00Oct 28th, 2021|Legal Voices|Comments Off on Who Is Judge President Mandlakayise J Hlophe : A Conversation – 7th Segment 18 October 2021

Who Is Judge President Mandlakayise J Hlophe : A Conversation – 6th Segment 18 October 2021

In this Sixth Segment in a series of 8 interview videos, Judge President of the Western Cape High Court, Justice Mandlakayise Hlophe, takes us through some of the “controversial” aspects of his life as Judge President of the Western Cape High Court. We cover:

  • his acceptance of a nomination for the position of Chief Justice despite facing possible impeachment
  • his distinguishing attributes for the CJ berth
  • “caking”
  • his aversion to the common law, eg. the principle of subsidiarity, in a constitutional democracy
  • his aversion to pre-1994 judgments

and more …

The Mandlakayise Hlophe, the Activist theme continues …

By |2021-10-28T22:07:29+02:00Oct 28th, 2021|Legal Voices|Comments Off on Who Is Judge President Mandlakayise J Hlophe : A Conversation – 6th Segment 18 October 2021

Who Is Judge President Mandlakayise J Hlophe : A Conversation – 3rd Segment

In this Third Segment in a series of 8 interview videos, Judge President of the Western Cape High Court, Justice Mandlakayise Hlophe, takes us through his early life on the Bench. We cover:

  • what triggered his move to the Bench – The Black Lawyers Association connection
  • a little anecdote about an application moved in isiXhosa before 2 Judges, neither of whom spoke the language
  • his experience as first black African Judge to be appointed and serve on the Western Cape Bench
  • his experience of racism in the Western Cape High Court – the Racism Report he submitted to the Minister of Justice Bridgette Mabandla
  • his views on private arbitration
  • govt role on briefing patterns
  • spirit of Black Consciousness

and more …

Now, we have entered the terrain of Mandlakayise Hlophe, the Activist Judge

and more …

The “Who is Muzi Sikhakhane?” theme continues …

By |2021-10-28T20:47:11+02:00Oct 28th, 2021|Legal Voices|Comments Off on Who Is Judge President Mandlakayise J Hlophe : A Conversation – 3rd Segment

Who Is Judge President Mandlakayise J Hlophe : A Conversation – 4th Segment

In this Fourth Segment in a series of 8 interview videos, Judge President of the Western Cape High Court, Justice Mandlakayise Hlophe, takes us through some of the less placid waters of his tenure as Judge President of the Western Cape High Court. We cover:

  • his Judicial Philosophy – “Justice, Equity & Law Cannot be separated”
  • Judicial Restraint vs Judicial Activism

and more …

Meet Justice Mandlakayise Hlophe, the Activist

By |2021-10-28T21:00:26+02:00Oct 28th, 2021|Legal Voices|Comments Off on Who Is Judge President Mandlakayise J Hlophe : A Conversation – 4th Segment

Who Is Judge President Mandlakayise J Hlophe : A Conversation – 2nd Segment

In this Second Segment in a series of 8 interview videos, Judge President of the Western Cape High Court, Justice Mandlakayise Hlophe, takes us through his life at university as a student, a lecturer, and a tutor at Cambridge University in England. We cover:

  • his doctorate in Administrative Law, supervised by Prof Baxter
  • his political education and consciousness at Fort Hare
  • his encounter with Ace Magashule as student leader (small world)
  • publication of his first law article in 1983 on Customary Law
  • teaching law at Natal University, Unitra (now WSU) and Roman Law at Cambridge University
  • students (now Judges) whom he taught at University, including Judge of Appeal, Petse
  • he taught at least 27 students who are now Judges

and more …

The “Who is Mandlakayise Hlophe?” theme continues …

By |2021-10-28T20:27:02+02:00Oct 28th, 2021|Legal Voices|Comments Off on Who Is Judge President Mandlakayise J Hlophe : A Conversation – 2nd Segment

Who Is Judge President Mandlakayise J Hlophe : A Conversation – 1st Segment

In this First Segment in a series of 8 interview videos, Judge President Hlophe  takes us through his life’s journey and takes us on a Rollercoaster ride in relation to:

  • childhood days
  • growing up in KwaDukuza, KZN
  • his favourite subjects at school – Biology and History
  • a graduate of Ohlange High School
  • a tough taskmaster Mom
  • his views on South African History as taught at schools

and more …

“Who is Mandlakayise John Hlophe?”

By |2021-10-28T20:20:42+02:00Oct 28th, 2021|Legal Voices|Comments Off on Who Is Judge President Mandlakayise J Hlophe : A Conversation – 1st Segment

Public Protector v Speaker of National Assembly & Others; Democracy in Action v Speaker of National Assembly & Others (Cases WCHC 2107/2020 & 1731/2020)

From Monday 7 June 2021 to Friday 11 June 2021 the Full Bench of the Western Cape High Court (that is, a Court comprising three judges) heard argument in two applications, one by the Public Protector and another by an organisation called Democracy In Action.

This website was conceived in order to inform the public on law-related matters in a way that leaves room for the reader to draw his or her own conclusions. When an opinion is expressed, that is made clear.

This is not an opinion. The idea is to inform the reader of the purpose of the applications and then arm the reader with all the written arguments placed before Court by all the various Counsel. What the reader does with these, or makes of them, is the reader’s choice.

The Public Protector has asked the Court to

  • declare unconstitutional the rules devised by the National Assembly for the removal of the Public Protector, the Auditor-General and members of Commissions established in terms of Chapter 9 of the Constitution for the strengthening of South Africa’s constitutional democracy
  • declare, in the alternative, that the rules do not apply retrospectively (in other words, that the rules do not apply to conduct that occurred before the date of their adoption, 3 December 2019)
  • review and set aside the rules
  • review and set aside the National Assembly’s adoption of the rules
  • review and set aside the Speaker’s decision to approve the motion for the removal from office of the Public Protector

Read the Public Protector’s Heads of Argument here –> HoA – Public Protector

Democracy In Action has asked the Court to

  • declare that the National Assembly has failed to pass legislation in order to give effect to a power conferred on it by the Constitution
  • declare that 5 Chapter 9-related pieces of legislation, including the Public Protector Act, are unconstitutional for failing to make provision for the removal of the Public Protector, the Auditor-General and members of Commissions established in terms of Chapter 9 of the Constitution for the strengthening of South Africa’s constitutional democracy
  • declare that the rules adopted by the National Assembly are unconstitutional
  • declare that adoption of the rules by the National Assembly without inviting the input of the affected parties is unlawful and unconstitutional
  • direct Parliament to amend the 5 Chapter 9-related pieces of legislation within 2 years so as to provide for appropriate circumstances in which the Public Protector, the Auditor-General and members of Commissions established in terms of Chapter 9  may be removed for office

Read the Democracy In Action’s Written Argument here –> DEMOCRACY IN ACTION HEADS OF ARGUMENT – 28 May 2021 Clean

Read Democracy In Action’s Oral Argument subsequently submitted in writing here –> Court Address – 10 June 2021

Read Democracy In Action’s Reply to Respondents’ Arguments here –> IN REPLY – Democracy in Action

Both applications are opposed by the same parties. The written argument can be accessed here:

Speaker’s Heads in Public Protector application –> HoA – Speaker in PP Application

Speaker’s Supplementary Heads in Public Protector application –> Part B Mkhwebane v Speaker – Speaker Suppl Heads – Final

Speaker’s Oral Argument Note –> PP v Speaker_Part B_Oral argument

Speaker’s Heads in Democracy In Action application –> Heads of Argument – Speaker

Speaker’s Oral Argument Note in Democracy In Action application –> DIA v Speaker_Oral argument

DA Heads of Argument in Public Protector application –> HoA – DA

DA Heads of Argument in Democracy In Action application –> DA Heads of Argument

DA Oral Argument in Democracy In Action application –> DA Note for DIA argument FINAL

DA Oral Argument in Public Protector application –> DA Note for PP argument

ATM Heads of Argument in Public Protector application –> ATM- HoA – ATM

Min of Justice Heads in Democracy In Action application –> Heads of Argument – Min of Justice

Min of Justice Oral Argument in Democracy In Action application –> Oral Argument – Minister of Justice FINAL

President Heads of Argument in Democracy In Action application –> HOA – President of SA

CASAC & Corruption Watch Oral Argument in Democracy In Action –> ARGUMENT NOTE ON BEHALF OF THE AMICI 11 June 2021

Final Report of the Panel on the Prima Facie case for Removal of the Public Protector –> FINAL REPORT OF THE INDEPENDENT PANEL EST i.t.o. NA RULE 129U AND Sect. 194 OF CONSTITUTION

By |2021-06-14T17:58:58+02:00Jun 14th, 2021|Cases of Interest, South Africa|Comments Off on Public Protector v Speaker of National Assembly & Others; Democracy in Action v Speaker of National Assembly & Others (Cases WCHC 2107/2020 & 1731/2020)
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