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Justice Tshiqi gained experience as an attorney having practiced for 14 years prior to becoming a judge in 2005. She is an activist for constitutional transformation which is evident from the work she does with the Regional Judges Forum, where they deal with issues such as human rights, gender, TB prevention, and HIV awareness.

Early Years and Career

 

Zukisa Laura Lumka Tshiqi (born Qingana), was born in Cefane, a small area in the Eastern Cape in 1961. Justice Tshiqi views her father as a contributor to her resolve to work hard, his drive influenced her life and subsequent determination.

She studied at the University of Witwatersrand where she obtained her B Proc degree in 1989 and an Advanced Diploma in Labour Law from Rand Afrikaans University (now University of Johannesburg) in 2001.  She was appointed as Legal Co-Ordinator of the South African Council of Churches from 1986 to 1989. In 1991, she completed her Articles of Clerkship at Neluheni Attorneys. She was subsequently admitted as an attorney of the High Court in 1991. Justice Tshiqi was then appointed as a Professional Assistant in 1991 at Matlala Attorneys where she worked with various matters and various areas of law. In 1992, she was appointed as the Litigation Officer and Trial Advocacy Trainer of the Black Lawyers Associations until 1994 when she opened her own practice and was practicing as such from 1994 to 2005. During 1995 to 2005, she was also appointed as Senior Commissioner of the CCMA and the bargaining councils. Justice Tshiqi is a qualified trainer, facilitator and mediator and she is a trainer at an ad hoc basis for the South African Judicial Institute.

 

In 2003 to 2004, she was appointed as an Acting Judge of the High Court and the Labour Court. In 2005, she was appointed as a Judge of the High Court. In 2007, she was appointed as Acting Judge at the Competition Appeal Court and in 2009, she was appointed as Judge of the Supreme Court of Appeal where she presided over many matters for 10 years prior to her appointment at the Constitutional Court.

 

Appointment to the Constitutional Court

 

Justice Tshiqi regards her appointment to the Constitutional Court as an honour and privilege. 

 

Zukisa Laura Lumka Tshiqi (born Qingana), was born in Cefane, a small area in the Eastern Cape in 1961. Justice Tshiqi views her father as a contributor to her resolve to work hard, his drive influenced her life and subsequent determination.

She studied at the University of Witwatersrand where she obtained her B Proc degree in 1989 and an Advanced Diploma in Labour Law from Rand Afrikaans University (now University of Johannesburg) in 2001.  She was appointed as Legal Co-Ordinator of the South African Council of Churches from 1986 to 1989. In 1991, she completed her Articles of Clerkship at Neluheni Attorneys. She was subsequently admitted as an attorney of the High Court in 1991. Justice Tshiqi was then appointed as a Professional Assistant in 1991 at Matlala Attorneys where she worked with various matters and various areas of law. In 1992, she was appointed as the Litigation Officer and Trial Advocacy Trainer of the Black Lawyers Associations until 1994 when she opened her own practice and was practicing as such from 1994 to 2005. During 1995 to 2005, she was also appointed as Senior Commissioner of the CCMA and the bargaining councils. Justice Tshiqi is a qualified trainer, facilitator and mediator and she is a trainer at an ad hoc basis for the South African Judicial Institute.

In 2003 to 2004, she was appointed as an Acting Judge of the High Court and the Labour Court. In 2005, she was appointed as a Judge of the High Court. In 2007, she was appointed as Acting Judge at the Competition Appeal Court and in 2009, she was appointed as Judge of the Supreme Court of Appeal where she presided over many matters for 10 years prior to her appointment at the Constitutional Court.

Introduction/Summary

Justice Steven Arnold Majiedt is a current Justice of the Constitutional Court of the Republic of South Africa. He was appointed in 2019, leaving his seat at the Supreme Court of Appeal, where he was first appointed in 2010. Prior to this, Justice Majiedt was an advocate at the Northern Cape Society of Advocates, before his first judicial appointment at the Northern Cape High Court in Kimberley in 2000.

Justice Majiedt’s practising career was characterised by significant political work, and his ethos is primarily centred on advocating for the voiceless. During Justice Majiedt’s time as a judge he has ruled on matters both complex and controversial – ranging from international criminal law to the interpretation of statutory licensing requirements.

Early Life

Justice Majiedt was born in Kenhardt, a small town in the Northern Cape, to parents who were both educators. His father was an activist committed to liberation in the region. When he was eight years old, his father was appointed as the principal of a primary school, leading the family to relocate to Barkly West. He matriculated at William Pescod High School in 1978 and completed a BA(Law) in 1981 followed by an LLB in 1983, both from the University of the Western Cape.

In 1984, upon completing his LLB, Justice Majiedt hoped to practise as an attorney in Kimberly; however, he was unable to secure a position at a law firm to complete his articles necessary for admission as an attorney, mostly due to apparent discrimination on the part of White firms, only one of which granted him an interview. As such, Justice Majiedt decided to go to the Cape Bar and practise as an advocate. In 1984, he joined the Cape Bar and began work on the famous 5th floor of Huguenot Chambers. This floor was notoriously known as the “ANC/UDF” floor, due to the political alignment of the advocates which composed its ranks. Justice Majiedt worked here alongside the likes of Adv. Dullah Omar, who later became his mentor.

The same year that Justice Majiedt began practicing as an advocate, he was awarded the prestigious Fulbright Scholarship to complete an LLM at Stanford University in the USA. Nonetheless, Adv. Dullar Omar advised him to stay; Justice Majiedt recalls Adv. Omar as saying, “you can’t go, we need young lawyers to fight in the trenches”. Again in 1987 Justice Majiedt received an offer to complete his LLM, this time at North Western University in Chicago, USA; again, he declined the offer, this time due to family reasons. Though Justice Majiedt admits he would have liked to have completed an LLM, he still maintains that he has no regrets for not taking up the offers at the time, concluding that he was able to learn instead from some of the greatest jurists in South African history and to make a modest contribution to the liberation struggle by defending many political activists.

Justice Majiedt later joined the Northern Cape Premier’s Office as the Chief Legal Adviser for the Province from 1997 until 1999, before leaving again for practice. In 2000, while one year back in practice as an advocate in the Northern Cape Society of Advocates, he was appointed as judge in the Northern Cape High Court where he worked for 10 years, until 2010. In 2010 he was appointed to the Supreme Court of Appeal and also acted for short stint at the Constitutional Court from January to May 2014. On 11 September 2019 was appointed by the President Cyril Ramaphosa to the Constitutional Court.

 

Career highlights

Justice Majiedt considers many of the highlights of his career to be the people with whom he has worked with. Notably, Justice Majiedt recalls that he learned much from working with anti-Apartheid activist, lawyer and minister, Adv. Dullah Omar. Adv. Omar, who worked just two chambers down from Justice Majiedt’s chambers during his time at Huguenot Chamber, and the two worked together on numerous cases, with Justice Majiedt considering Adv. Omar as one of his great mentors.

Likewise, Justice Majiedt recalls with fondness having worked closely as an advocate with judicial juggernauts such as the former Chief Justice of the Republic of South Africa, Arthur Chaskalson; the former Chief Justice of the Republic of South Africa, Ismail Mahomed; former Justice Thembile Skweyiya; the former Deputy Chief Justice of the Republic of South Africa, Dikgang Moseneke; former Judge President Bernard Ngoepe; and the former Chief Justice of the Republic of South Africa Pius Langa. Justice Majiedt attributes much of his experience to that which he gained from working with these individuals.

Another of Justice Majiedt’s career highlights was his role in having assisted in the holding of South Africa’s first free democratic elections in 1994, when he was asked to travel back to his home province, the Northern Cape for this purpose. Shortly thereafter, Justice Majiedt spent some time assisting in ensuring that the Northern Cape became operational as a Constitutional Province with the appropriate structures of governance, before returning back to his practice as an advocate.

Of course, Justice Majiedt’s appointments to the High Court in 2000, the Supreme Court of Appeal in 2010, and the Constitutional Court in 2019 are also some of the highlights of his career.

Ultimately, however, Justice Majiedt recalls,

“My greatest highlight was representing and defending people from all backgrounds and all walks of life during the liberation struggle. Not just the high-profile, high-media cases, but even those who were arrested for minor offences…”

 

Key Judgments

National Commissioner of the South African Police Service v Southern African Human Rights Litigation Centre and Another [2014] ZACC 30

This judgment concerned whether or not the South African Police Service had a duty in terms of South African domestic laws and international law, to investigate allegations of torture committed in Zimbabwe by the Zimbabwean police against civilians. Primarily, the judgment centred on South Africa’s obligations under international criminal law (particularly the Rome Statute of the International Criminal Court) to undertake such investigations. In a unanimous judgment of the Constitutional Court, Justice Majiedt found that the implications of South Africa’s accession to the Rome Statute rendered an obligation on SAPS to investigate these grave allegations, noting:

“Our country’s international and domestic law commitments must be honoured. We cannot be seen to be tolerant of impunity for alleged torturers. We must take up our rightful place in the community of nations with its concomitant obligations. We dare not be a safe haven for those who commit crimes against humanity”.

Commissioner, SARS v MultiChoice Africa (218/10) [2011] ZASCA 41 (29 March 2011)

This judgment concerned a highly technical matter surrounding the correct tariff classification of a particular model of digital satellite decoder under South Africa’s customs and excise framework. In particular, the parties contested the correct head of classification for the decoder, which was complicated due to the multiplicity of functions capable of being performed by that particular decoder. That the judgment achieved unanimity in the Supreme Court was impressive, particularly owing to the complexity of the matter.

 

Cool Ideas 1186 CC v Anne Christine Hubbard and Another [2014] ZACC 16

In this case, the Constitutional Court, in following the leading judgment of Justice Majiedt, found that an arbitral award which was made in favour of an unlicensed building company should not be enforced. Traversing a multitude of areas of law, Justice Majiedt balanced principles of statutory interpretation, the law of arbitration (including international laws), criminal law, terms of licenses, contract law, and the Housing Consumers Protection Measures Act. For this judgment, Justice Majiedt secured the majority of the Court’s agreement, despite it being a highly contentious case which resulted in the production of an additional and nuanced concurring judgment, and a weighty dissent.

 

Family and Personal Life

Justice Majiedt is married to Rowena Mandy, who was a teacher before becoming a successful businesswoman. Justice Majiedt and his wife have a daughter, Corrine Mandy. Justice Majiedt and his family live in Johannesburg, though he enjoys travelling, both within South Africa and internationally. Both Justice Majiedt and his wife are avid golfers, though he admits that he wishes he was better at the sport.

 

Quotes from and about Justice Majiedt

“I believe that judges should always remember that they are mere mortals. They are human beings who are prone to mistakes and shortcomings just like any other person. For this reason, judges should always remain humble and remember too, that they are servants of the people, and never better than those people who they serve.” – Justice Majiedt

 

“My inclination will always be for the downtrodden, the oppressed, for the little guy. Because that’s how I grew up, that’s what shaped my whole philosophy as a young lawyer.” – Justice Majiedt

“Not once in more than 10 years have I come across a candidate about whom no one had a bad word to say. Until Majiedt.” – Franny Rabkin (News Editor, Mail & Guardian), following Justice Majiedt’s appointment to the Constitutional Court in 2019.

Interesting Facts

Justice Majiedt recounts, referring to his former workplace on the 5th Floor of the Huguenot Chambers, fondly known as the ‘ANC/UDF’ floor, that “One year there was a bomb scare, in 1986, and the guys sitting on the 14th or 15th floor said, ‘Just check if the fifth floor guys are there. If the fifth floor guys are there, it’s a hoax.”

Justice Majiedt traces his family name to a Muslim slave, who was brought from the Island of Java, Indonesia to the Cape in South Africa. His ancestor was one of three brothers, who at the time spelled their name ‘Magiet’. Today there are many Magiets in the Cape Peninsula, some of whom were notably prominent in non-racial cricket during Apartheid. The brother from whom Justice Majiedt traces his name however, migrated inland from the Cape before converting to Christianity and falling in love with a Khoisan woman, whom he then married. Justice Majiedt thus traces his heritage, the unique spelling of his name, and his Christian tradition from this couple.

Personal details

7 November 1966, Durban
Husband: Charles Sarjoo
Four children

Education

Matric: Sparks Estate Senior Secondary School, Sydenham
BA (1987) University of Natal
LLB (1989) University of Natal
LLM (1990) Washington DC, USA

Professional history

Dawson & Partners; Durban (Candidate Attorney): February 1983 to June 1989
University of Natal; Durban (Acting Street Law Co-ordinator): November 1988 to January 1989
Adjunct Lecturer Mangosuthu Technikon, Umlazi: February to June 1989
International Labour Organisation (ILO); Washington D.C (Special Assistant to the Director): December 1989 to May 1990
Occupational Safety and Health Law Centre; Washington D.C (Summer Associate): June 1990 to July 1990
Advocate of the High Court, Kwa-Zulu Natal: December 1990
Reich, Adell & Crost Law Offices; Washington D.C (Summer Associate): August 1990 to September 1990
Community Law Centre (Trainer): November 1990 to June 1991
Part time Lecturer, University of Natal: July 1994 to November 1994
Independent Electoral Commission (Provincial Adjudication Secretary): July 1994 to November 1994
Judge White Commission (Formerly Browde Commission): January 1995 to May 1997

Judicial positions

OK Bazaars; Umhlanga Rocks (Part-time Cashier): December 1983 to January 1989
Legal Aid Clinic, University of Natal; Durban (Part-time Legal Advisor/Secretary): May 1986 to November 1988
Acting Judge, Eastern Cape and Kwa-Zulu Natal, 1998 – 1999
Judge of the High Court of South Africa (Natal Provincial Division): 15 October 1999 to 2010
Acting Judge, Supreme Court of Appeal (Bloemfontein): May 2006 to June 2007 and December 2009 to March 2010
Judge of Appeal, Supreme Court of Appeal (Bloemfontein): 1 December 2010
Acting Judge of the Constitutional Court of South Africa: February 2015 to May 2015

Publications, Awards, Honours and Other Activities:

KZN Legal Forum Award for Contribution to the Development of Justice in South Africa: 2011
University of Durban Westville, Mababongwe Award: 2003
Department of Justice Woman Achiever of the Year: 2000
Commonwealth Foundation Fellow: 1995 – Visited London, Pakistan and Sri Lanka
Post/Natal Young Achiever of the Year Finalist: 1994
Fullbright Scholarship: 1990
Black South African Lawyers Program, Georgetown University, Washington DC, USA: 1990
Board Member: Rules Board for Courts of Law
Trustee: African Monitor
Council Member: Commonwealth Magistrates and Judges Association
Council Member: Ombudsman for Long Term Insurance
Council Member: South African Judicial Education Institute
Founding Member of the South African Chapter of the International Association of Woman Judges (IAWJ)
Vice President of Programs: 2003 – 2007

Personal details

2 May 1964, Port Elizabeth.One child

Education

Matric: Kenneth Masekela High School, Kwa-Thema, Springs
B Proc (1987) University of the North, Limpopo


Professional history
  • Attorney, N Mhlantla & Associates: 1990 – 31 May 2002
  • Acting Judge, Eastern Cape High Court: April 2000 – 30 September 2000
  • Judge of the High Court, Eastern Cape: 1 June 2002 – 30 November 2008
  • Acting Judge, Supreme Court of Appeal: 1 June – 30 November 2008
  • Judge of Appeal, Supreme Court of Appeal: 2009
Personal details

Edwin Cameron was born in Pretoria on 15 February 1953.

Education

He completed his schooling at Pretoria Boys’ High School and attended Stellenbosch University on the Anglo-American Open Scholarship, where he obtained a BA Law and an Honours degree in Latin, both cum laude. He lectured in Latin and Classical Studies before studying at Oxford on a Rhodes Scholarship. There he obtained a BA in Jurisprudence and the BCL, with honours and prizes. Cameron received his LLB from the University of South Africa, and received the medal for the best law graduate.

Professional history

Cameron practised at the Johannesburg Bar from 1983 to 1994. From 1986 he was a human rights lawyer based at the University of the Witwatersrand’s Centre for Applied Legal Studies (CALS), where he was awarded a personal professorship in law. His practice included labour and employment law; defence of ANC fighters charged with treason; conscientious and religious objection; land tenure and forced removals; and gay and lesbian equality. From 1988 he advised the National Union of Mineworkers on AIDS/HIV, and helped draft and negotiate the industry’s first comprehensive AIDS agreement with the Chamber of Mines. While at CALS, he drafted the Charter of Rights on AIDS and HIV, co-founded the AIDS Consortium (a national affiliation of non-governmental organizations working in AIDS), which he chaired for its first three years, and founded and was the first director of the AIDS Law Project. He oversaw the gay and lesbian movement’s submissions to the Kempton Park negotiating process. This, with other work, helped secure the express inclusion of sexual orientation in the South African Constitution. In September 1994, he was awarded silk (senior counsel status). President Mandela appointed him an acting judge and later a judge of the High Court. In 1999/2000 he served for a year as an Acting Justice at the Constitutional Court. In 2000 he was appointed a Judge of Appeal in the Supreme Court of Appeal. He was appointed a Justice of the Constitutional Court in 2008.

Other activities

Community-related

  • Chair of the governing Council of the University of the Witwatersrand from 1998 to 2008
  • Patron of Guild Cottage Children’s Home, Soweto HIV/AIDS Counsellors’ Association (SOHACA), Ladybrand Hospice, Vuyani Dance Theatre
  • Co-founder and first chair of Wits Law School Endowment Appeal (1998-2005)
  • General Secretary, Rhodes Trust in Southern Africa from 2003 to 2014


International

  • Keynote address at the XII International Conference on HIV/AIDS in Durban, 2000
  • Edward A Smith Annual Lecture, Harvard University Law School, 2002
  • President of Bentham Club and Bentham Lecture, University College, London, 2003
  • Inaugural lecture in law, British Academy, 2004
  • Lord Chief Justice Taylor Memorial Lecture, Inner Temple, 2008
  • Visiting Judge, Birkbeck College, London
  • Honorary Professor, City University, London
  • Fourth Leslie Scarman Memorial Lecture, January 2012
  • Keynote address at Columbia University Bio-Ethics Centre, October 2012
  • Keynote address, Johns Hopkins Center for Public Health & Human Rights and Center for AIDS Research, April 2014
  • Robert P Anderson Memorial Lecture, Yale Law School, October 2014
  • High Court of Australia Annual Lecture, Canberra, Australia 2017
  • O'Byrne Lecture, Calgary, March 2018
  • Owen Lecture, University of British Columbia, Vancouver, March 2018
  • Alberico Gentili Lectures, University of Macerata, April 2018
  • Association American of Law Schools, Keynote Adress, New Orleans, 2019

     

     


Honours and awards
  • Nelson Mandela Award for Health and Human Rights, 2000
  • Transnet’s HIV/AIDS Champions Award, 2000
  • University of Stellenbosch - Alumnus Award, 2000
  • Special award by the Bar of England and Wales for ‘contribution to international jurisprudence and protection of human rights’, 2002
  • San Francisco AIDS Foundation’s Excellence in Leadership Award, 2003
  • Honorary Fellow of the Society for Advanced Legal Studies, 2001
  • Visiting Fellow, All Souls College, Oxford, 2003
  • Honorary Fellow, Keble College, Oxford, 2004
  • Witness to AIDS’ awarded Sunday Times/Alan Paton Prize (South Africa’s premier literary award for non-fiction), 2006
  • Prize for Civil Courage of German gay and lesbian movement, 2007
  • Honorary Bencher of Middle Temple, 2009
  • Winner of Brudner Prize, Yale University, for gay and lesbian scholarship, 2009
  • Grand Prix du Conseil Québécois des Gais et Lesbiennes, Montreal, 2011
  • Paul Harris Fellow, Rotary International
  • Honorary doctorates in law from King’s College, London (2009), Wits University (2009), Oxford (2011), St Andrews (2012), Stellenbosch (2015) and Sussex (2016)
  • Justice – A Personal Account (2014) winner of South African Literary Award (SALA) for creative non-fiction, 2015
  • Honorary Member, American Academy of Arts and SCiences, 2016

     

Cameron has written scholarly articles on the judiciary, conscription, labour and employment law, the law of trusts, AIDS and HIV, the legal rights of gays and lesbians and the legal computation of time. Apart from his memoir, Witness to AIDS (2005), he has also written books on the law of trusts, labour law and gay and lesbian lives in South Africa.

 

JSC Interviews
JSC interview on the 3 October 1994

Speeches and Lectures

Wits Centre for Ethics, August 2009

Seminar in Honour of Professor Tony Honore, March 2010

The Fourth Scarman Lecture, January 2012

Understanding Human Dignity:Dignity and Disgrace – Moral Citizenship and Constitutional Protection, June 2012

World Bar Conference, London : Advocacy in the highest court: do’s and dont’s in London, Canberra and Johannesburg, June 2012

SASOP ~ internalised stigma ~ 17th NATIONAL CONGRESS OF SOUTH AFRICAN SOCIETY OF PSYCHIATRISTS 7 September 2012

Columbia Bio-Ethics Keynote 18 October 2012

Tribute to Arthur Chaskalson – Sunday Independent 09 December 2012

Tribute to Arthur Chaskalson – Extraordinary Lives – podcast with Judge Lee Bozalek

State House Malawi speech against homophobia and AIDS stigma, Friday 28 June 2013 (transcript) (taken from Ground up)

State House Malawi speech against homophobia and AIDS stigma, Friday 28 June 2013 (YouTube)

Sunday Times Literary Award Address 29 June 2013.

Public Interest Lawyers Group conference speech 24 July 2014

SAOU ~ Discipline and Violence in Schools - Claiming Back the School 26 July 2014.

Bar Dinner Johannesburg Saturday : Acceptance of Honorary Life Membership 1 November 2014

Bram Fischer Memorial Lecture, Oxford, Tuesday 16 June 2015

Address to UN Secretary General’s High Level Panel on Access to Medicines, Johannesburg, Wednesday 16 March 2016

Eudy Simelane Memorial Lecture , Thursday 07 April 2016

Tribute at farewell dinner to Deputy Chief Justice Dikgang Moseneke, Thursday 19 May 2016

Durban International AIDS Conference, July 2016 - short film and interview (12 minutes)

UWC Dean's Distiguished Lecture 19 October 2017

Memorial Tribute to Joel Joffe, Saturday 11 November 2017

O'Byrne Lecture Calgary - Stigma and the Role of Courts Tuesday 20 March 2018

·         Alberico Gentili Lectures, University of Macerata, April 2018