Personal details

Sisi Khampepe was born on 8 January 1957 in Soweto, Gauteng Province, South Africa. She is married with two children.

Education

She obtained her B Proc from the University of Zululand in 1980. She obtained her LLM degree at Harvard Law School, Massachusetts, USA in 1982.

Professional history

She began her legal career as a legal advisor in the Industrial Aid Society, where she did vacation employment from 1979 - 1980. Here she was exposed to the dishonourable employment conditions of Black workers. Between the years 1981 and 1983, she served as a fellow in the Legal Resources Centre.

In 1983 she joined Bowman Gilfillan Attorneys as a Candidate Attorney. After being admitted as an attorney in 1985, she established her own law firm, practicing under the name SV Khampepe Attorneys. Her law firm was especially renowned for defending the rights of workers against unjust laws and unfair employment practices. She also represented other human rights bodies such as hawkers, civic and black consumer union.

Her law firm was one of the few Black labour law firms in the country. She represented unions affiliated to both Nactu and Cosatu. She was the national legal advisor of SACAWU. She was the administrator of union funds in FIET and ICFTU.

In 1995 she was appointed by former President Mandela as a TRC Commissioner and in the following year she was a member of the TRC’s Amnesty Committee. She was then employed by the Department of Justice and Constitutional Development as Deputy National Director of Public Prosecutions, a post she held from September 1998 to December 1999.

In December 2000, she was appointed as a Judge in the High Court (TPD). In the Labour Appeals Court in November 2007.

In the period April 2005 – February 2006, she was appointed by former President Mbeki to chair the Commission of Enquiry into the mandate and location of the Directorate of Special Operation (the Khampepe Commission).

In 2004, was appointed by former President Mbeki to oversee the elections in Zimbabwe.

In February 2006, the Secretary-General of the Commonwealth Hert Hon Donald C McKinnon, seconded her as a member of the Commonwealth Observer Group to the Presidential and Parliamentary Elections in Uganda.

She was Vice Chairperson of the National Council of Correctional Services since 2005 to April 2010.

In October 2009 she was appointed as a Judge to the Constitutional Court.

Other activities

Justice Khampepe has been involved in various legal and community organizations.

Legal organizations:
1981 – 1983: International Law Society, Harvard Law School
1985 – 2000: The Law Society of the TVL (Northern Province)
1985 – Date: Member of the Black Lawyers Association
1987 : Association of Law Societies Community Organizations:
1978 – 1988: Facilitator of the Street Committee, Soweto
1983 – 1986: Selection Committee Member of South African Legal Education Programme
1985 – 1986: Legal Advisor of National Black Consumer Union
1985 – 1986: Legal Advisor of Sechaba Sizwe Agricultural Cooperative
1988 – 1989: Legal Advisor of African Council of Hawkers and Informal Business
1988 – 1999: Vice Chairperson of Women’s Desk on Children and Woman Abuse
1988: Legal Advisor of the Orlando Pirates Football Club
1990 – 1995: Trade Unions’ Fund Administrator of Federation International Des Employes
1993 – 1996: Vice Chairperson of the Mediation and Conciliation Centre
1993 – 1999: Executive Committee Member of Lesego women’s club
1993: Trustee of SACCAWU Investment Trust 1994: Employment Advisory Centre
1994: J G Strydom (Helen Joseph) Hospital Board of Governors
1994: Selection Committee Member of Public Service Commission
2006: Donor to the Sparrow Rainbow Village (AIDS Hospice)

Community Organizations:
1978 – 1988: Facilitator of the Street Committee, Soweto
1988 – 1999: Vice Chairperson of Women’s Desk on Children and Woman Abuse
1990 – 1995: Trade Unions’ Fund Administrator of Federation International Des Employes
1993 – 1999: Executive Committee Member of Lesego women’s club
1993: Trustee of SACCAWU Investment Trust
1994: Employment Advisory Centre
1994: J G Strydom (Helen Joseph) Hospital Board of Governors
1994: Selection Committee Member of Public Service Commission
2006: Donor to the Sparrow Rainbow Village (AIDS Hospice

Personal details

Chris Jafta was born in 1959 in Matatiele where he did both his primary and secondary schooling. He is married to Nomviwo and they have two children; a daughter, Kgomotso and a son, Tshepiso.

Education

Jafta obtained his B Juris and LLB degree from the University of Transkei (now Walter Sisulu University) in 1983 and 1987.

Professional history

Jafta started his career as a court interpreter in 1983. He was appointed a prosecutor of District Court at the beginning of 1984 until December 1985 when his authority to prosecute was withdrawn by the Attorney-General at the instance of the Security Police. He was demoted to the position of an Administrative Clerk. This occurred after he had rejected instructions from the security police on how he should conduct prosecutions in some cases and had declined to prosecute people who were arrested for walking in the streets at night in contravention of emergency regulations which were in operation then. He was briefly detained and subjected to an intense interrogation by the Security Police.

In July 1986 he was appointed a Magistrate. In February 1988 he resigned and joined Mbuqe and Mbuqe, a firm of attorneys, as a candidate attorney. But in August 1988 he resigned to join the University of Transkei as a lecturer. There he taught Commercial Law and Constitutional Law. In 1992 he did pupilage at the Johannesburg Bar.

Jafta commenced practice in Mthatha in January 1993. His practice focused mainly on Labour and Constitutional matters.

In 1997 Jafta was appointed Acting Judge of the High Court (Transkei Division) for four months. In January 1999 be became Acting Judge of the same division until November when he was appointed on a permanent basis. In June 2001 Jafta became the Acting Judge President of the Transkei Division until June 2003. In 2003 he was appointed Acting Judge of Appeal at the Labour Appeal Court until June 2004. From June to October 2004 he was Acting Judge of Appeal at the Supreme Court of Appeal in Bloemfontein. In November 2004 he was appointed Judge of Appeal at the same court.

In December 2007 Jafta was appointed Acting Justice at the Constitutional Court until May 2008.

Mbuyiseli Russel Madlanga was born and raised at the rural village of Njijini 16 kilometres outside the small town of Mount Frere, Eastern Cape Province. He is married to Nosisi Madlanga (born Nkenkana). He matriculated at Mariazell High School, Matatiele. He obtained the BJuris degree at the University of Transkei (Unitra). In 1981 – whilst doing that degree – he was awarded the Juta Prize for being the best law student. He enrolled for the LLB degree at Rhodes University. In his final year he was appointed tutor, tutoring first year law students.

After graduating, he lectured part-time in the Law Faculty of Unitra whilst working for the Department of Justice towards fulfilling his contractual obligations under a government bursary that had funded his LLB studies. He later lectured full-time at Unitra for two years. He proceeded to do an LLM in Human Rights and Constitutional Law, which he received cum laude at the University of Notre Dame in the USA. He interned at the Washington DC office of Amnesty International. On his return, he did pupillage at the Johannesburg Bar. On completion, he opened practice at the Mthatha Bar.

At the age of 34 he was appointed as a Judge of the Mthatha High Court becoming South Africa's youngest judge at the time. Within only three years of this appointment, he was appointed Acting Judge of Appeal at the Supreme Court of Appeal in Bloemfontein. He was then appointed – this time on a permanent basis – as a Judge of Appeal in the Competition Appeal Court. He continued acting on the Supreme Court of Appeal Bench because the Competition Appeal Court was new and was yet to commence functioning. His acting appointment at the Supreme Court of Appeal – which was for a year – was cut short as he was then appointed to act as the Judge President of the Mthatha High Court. Whilst holding that position, he received yet another appointment; this time as an Acting Justice of the Constitutional Court of South Africa.

Personal circumstances forced him to resign from the Judiciary. He returned to the Bar as senior counsel, practising in Mthatha and Johannesburg. His practice took off immediately and he appeared in virtually all the High Courts in the country and in the Supreme Court of Appeal and Constitutional Court. Notably, he received a brief to represent the Republic of South Africa at the International Court of Justice at The Hague (Den Haag) in the Netherlands. This was in the case of the 'Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory". Another brief of note that he received was his appointment by Mr Trevor Manuel, the then Minister of Finance, as the Chairperson (which – in terms of the applicable legislation – was an executive position) of the Exchange Control Amnesty Unit. This Unit did not only grant amnesty to people who had contravened Exchange Control Regulations (Regulations) in expatriating their assets, it also facilitated the disclosure of assets worth R68,6 billion, 70% of which had been taken out of the country in contravention of the Regulations. The process also raised R2,9 billion in levies. The disclosure of offshore assets resulted in an estimated R1.4 billion increase in the tax base. This is what the then Deputy Minister of Finance, Mr Jabu Moleketi, said about the Unit on completion of its task:

"I would like to take this opportunity to thank the Amnesty Unit for their sterling work. When the unit was initially announced, we did not anticipate the huge task that they would be faced with, both in the number of applications received and the associated logistics. It is through the exceptional efforts and meticulous approach of our Unit that other countries now seek to use our amnesty as an international benchmark. I wish to specifically thank the chairperson, Advocate Mbuyiseli Madlanga, who has led the Amnesty Unit impeccably and with great enthusiasm."

Yet another assignment worth particular mention was Mbuyiseli's appointment as the Chief Evidence Leader of the Marikana Commission of Enquiry. This is a Commission of Inquiry that was appointed to enquire into the killings of 34 striking mine workers and 10 other people in Marikana, near Rustenburg, North West Province in August 2012. In that capacity he was lead counsel in a team of seven advocates, three of whom (including him) were senior counsel. He held numerous other briefs in high profile cases.

On appointment by the President, Mbuyiseli became a member of the Competition Tribunal for 9 years, during 3 of which he was its Deputy Chairperson. As a nominee of the Advocates for Transformation component of the General Council of the Bar, the President next appointed him as a member of the Judicial Service Commission, a position he held for 2 years. He was then appointed – directly from his practice as an advocate – to become a Justice of the Constitutional Court of South Africa with effect from 1 August 2013, this time on a permanent basis.

At the invitation of the Law School of his alma mater, the University of Notre Dame, he held the prestigious Clynes Chair as a visiting professor. This Chair is reserved for distinguished US and international legal scholars and amongst those who have held it are US Supreme Court Justices. In that capacity he offered a two credit three week course from 4 April 2016.

Walter Sisulu University awarded him a Doctor of Laws (LLD) degree (honoris causa) at the graduation ceremony of 13 May 2016.

On 31 March 2017 Justice Madlanga was appointed as the Editor-in-Chief of the South African Judicial Education Journal, a journal scheduled for launch in April 2018 and to be published under the auspices of the South African Judicial Education Institute, a statutory body with the mandate of providing continuing education to the Judiciary. He has been a member of the editorial board of the South African Law Journal. He currently serves on the editorial board of the Yearbook of South African law.

His interests are not only in the law and academics. For 8 years Mbuyiseli was a member of the Arbitration Panel of his church, the Methodist Church of Southern Africa; having been appointed to that position by Conference, the church's highest governing body. He has also held other leadership positions which – because of space constraints – cannot be specified here.

Personal details

Bess Nkabinde, born in 1959 at Tlokweng/Silverkrans in the North West Province, is blessed with four children and three grandchildren.

Education

She matriculated in 1979 at Mariasdal High School, Tweespruit, Free State Province and obtained a BProc degree in 1983 (University of Zululand) in Kwa-Zulu-Natal. In 1986 and 1987, she obtained LLB (North West University) and a Diploma in Industrial Relations, respectively.

Honorary Doctorate: North West University (Potchefstroom Campus) 2022.

Professional History

• 1984 – 1988:  State Law Advisor - Legislative Drafting (Bophuthatswana). 
• 1988:  Admission as Advocate (Bophuthatswana). 
• 1989:  Pupillage (Johannesburg Bar). 
• 1989:  Admission as Advocate (Republic of South Africa). 
• 1990 – 1999:  Practising as an Advocate, North West Bar. Areas of law: civil, commercial, matrimonial as well as criminal matters. 
• 1993:  Attended a Judicial Training Programme in Canada.  

Judicial Experience

• February - October 1999: Acting Judge of the High Court (Bophuthatswana Provincial Division).
• November 1999: Permanently appointed as Judge of the High Court (Bophuthatswana Provincial Division).
• 2000 and 2003: Acting Judge of the Labour Court (Johannesburg).
• October 2004 - May 2005: Acting Judge of the Labour Appeal Court.
• June - November 2005: Acting Judge of the Supreme Court of Appeal
• January 2006 - December 2017: Justice of the Constitutional Court of the Republic of South Africa.
• May 2016 - June 2017: Acting Deputy Chief Justice of the Republic of South Africa.
• November 2016: Acting Chief Justice of the Republic of South Africa.
• October 2018 - 2020: Acting Judge of Appeal – Supreme Court of Namibia, WINDHOEK.
• October 2022 to date: Judge of Appeal – Court of Appeal of Botswana, GABORONE.

Additional legal experience

• Investigated and led evidence at the Mpshe Commission of Inquiry into the Mutiny of Warders at Mogwase Prison (1994-1995).
• Served on the Special Tribunal on civil matters likely to emanate from Investigations by the Special Investigative Units established in terms of Act No. 74 of 1996
• Involved in Small Claims Court matters in Mafikeng (1998 – 1999).
• Played a role as a member of the Sub – Committee of the Coordinating Committee of the Justice System, on Racism and Sexism within the Judiciary in 2004.
• Chaired the Rules Board for Courts of Law (2004-2013), at the instance of the Ministry for Justice and Constitutional Development.
• Participated in the sub-committee of the Judicial Education Training Committee.
• Designated Judge (2019 to date) in terms of the Interception and Monitoring of Information and Provision of Communication Related Information Act, 2002 (Act 70 2002).
• Chairperson and Member: Independent Panel Established in terms of the Rules of the National Assembly on the Removal from Office (in terms of section 194 of the Constitution) of a Holder of Public Office in a State Institution Supporting Constitutional Democracy (November 2020 – February 2021).
• Designated President (by the Chief Justice) of the first Judicial Conduct Tribunal (under the auspices of the Judicia Service Commission (JSC) – constituted in terms of the Judicial Service Commission Act, 1994 (Act 9 of 1994).
• Chairperson: Disciplinary Inquiry established pursuant to the remedial action directed by the Public Protector in her Report on an investigation into allegations of Improper Conduct Regarding Mr D Mogajane’s Application for the Position of Director- General at National treasury and his Subsequent Appointment to the same position by National Treasury (2019).
• Chairperson and Member: The Independent Ad Hoc Appeal Tribunal into the Ombud Report on Circumstances Surrounding the Care and Death of Mr S Lethole at Thembisa Tertiary Hospital (2022).

Other professional involvements

• Attended and facilitated a discussion on The Rights of Minorities within the context of Access to Justice at the First South Asian Regional Judicial Colloquium on Access to Justice - Facilitated by Commonwealth Human Rights Initiative (CHRI), International Centre for the Legal Protection of Human Rights (Interights) and the Office of the High Commissioner for Human Rights (OHCHR) (November 2002 – New Delhi, INDIA).
• Paper and Presentation on Appeals and Reviews and Sentencing to the Aspirant Judges (Judicial Education Training Programme (JOHANNESBURG).
• Paper and Presentation addressing newly appointed Magistrates at the Magistrates’ conference (Justice College) on Judicial ethics, independence and accountability (PRETORIA).
• Paper: Addressing attendants at the Family Court Seminar (Justice Regional Office/ Office of the Family Advocate) (MAHIKENG).
• Paper and presentation: Socio-economic justice during the National Council of Provinces (NCOP) roadshow in bringing Parliament to the People (MAHIKENG).
• Presiding Justice: The final round of the 21st African Human Rights Moot Court Competition organised jointly by the Centre for Human Rights of the University of Pretoria and Universidade Eduardo Mondlane of Maputo October 2012 Maputo, MOZAMBIQUE).
• Panel Member: The final round of the 16th African Human Rights Moot Court Competition organised jointly with the Centre for Human Rights of the University of Pretoria. (August 2007-Dakar, SENEGAL).
• Panel Member: The final round of the 16th African Human Rights Moot Court Competition organised jointly by the Centre for Human Rights of the University of Pretoria (Constitutional Court- SOUTH AFRICA)
• Teaching/Conducting seminars for post-graduate students at the University of Maryland, School of Law: Introduction to South African Constitutional Jurisprudence (September-October 2008 – Baltimore, UNITED STATES OF AMERICA).
• Paper presentation in celebration of the Anniversary of the Universal Declaration of Human Rights (UDHR): University of Maryland (October 2008) – Published in the Maryland Law School Review Journal (Baltimore, USA).
• Presented paper: Human Rights and Appellate Courts – Constitutional Court, South Africa at Fourth AIJA Appellate Judges’ Conference (November 2008– Melbourne - AUSTRALIA).
• Paper and presentation and Co-Chairing of a Session on Accountability and Judicial Reform: International Conference of Jurists (May 2012 London - UNITED KINGDOM)
• Judicial Exchange- Symposium attended by senior Judges from the South African Judiciary and senior Judges from England and Wales, Scotland, and Northern Ireland (11- 14 JUNE 2009 Edinburgh - SCOTLANT).
• Keynote address: The Experience of the South African Constitutional Court and Public Interest litigation (PIL) as a Tool of Social Transformation: Challenges, Achievements and Lessons Learned – Symposium on PIL in East Africa at the Retreat for Appellate Judges organised by the International Governance Alliance Conference facilitated by the Commonwealth – September 2014 – UGANDA).
• Paper presented at the International Convention on the Cessation of War and Achievements of World Peace on Women: African Agents for Change (The objective was to discuss the role of women as catalyst in peace keeping efforts in Africa – under the umbrella of the International Women’s Peace Group (IWPG) (March 2015 UNISA – Pretoria.
• Keynote address: An Act of Creation – the gift and responsibility of constitutional lawyering for young legal professionals – Wits Awards (April 2010).
• Keynote address: The Imperative for Gender Equality and Justice in South Africa – towards the third decade of democratisation UNISA Women Empowerment (August 2013).
• Keynote address at the Seminar for Judges on Tax and Equality organised by the South African Education Institute (SAJEI) (July 2016- Durban).
• Keynote address on Women in Law in the Boardroom BLA, Legal Education Centre (October 2016 Johannesburg).
• Welcoming address at the opening function of the Fourth Conference of Constitutional Jurisdictions of Africa (CCJA) on Promoting the Independence of the Judiciary and the Rule of Law (April 2017 Cape Town.
• Keynote address: Leadership Summit - North West University (June 2017, Johannesburg).
• Keynote address: Department of Education Celebrating Women (September 2017, Pretoria)

Affiliations/Directorships and other positions held

• Member:  North West Bar Association (1990 -1999); Secretary of the Bar (1998 – 1999). 
• Member:  Aids Committee, Bophuthatswana (1988). 
• Member:  Black Lawyers Association (BLA). 
• Member:  North West Parks Board (1995 - 1999). 
• Director:  Dirapeng (Pty) Ltd and Golden Leopard Resorts (Pty) Ltd (1997 - 1999); Invest North West (Pty) Ltd (1997 - 2000). 
• Member: South African Women Lawyers’ Association (Retired member)
• Governor:  International School of South Africa (1995 - 1999). 
• Member:  Small Claims Court, Mafikeng (1998 - 1999). 
• Member:  Defunct Sub-Committee of the Judicial Education Training Committee. 
• Member:  International Association of Women Judges: SA Chapter. 
• Director:  School Aid of South Africa (NGO −in partnership with School Aid –UK, the Department of Basic Education; Liberty and Standard Bank − for construction/ Renovation of libraries and supply of books for disadvantaged young learners to promote literacy in schools) (2015 to date).
• Member (2021 –2022): Rhodes University Council (public representative at the instance of the Minister of Higher Education, Science and Innovation in terms of the Higher Education Act, 1997 (Act 101 of 1997).
• Chairperson: Pius Langa School of Advocacy (2021-to date).
• Chairperson: Appointments Panel of the Press Council (Current).
• Member of a Panel to consider nominations for membership to the South African Reserve Bank Board (2022 to date).

HOBBIES:

Swimming; Out-door life – Safari, Cycling, and Golf. Currently active in Rural Community Youth Upliftment (educational and recreational opportunities with a view to disengage Youth from environmentally unfriendly and unsafe circumstances): Chairperson: Silverkrans Shotokan - Karate Club/Sports Academy (NGO).