Dikgang moseneke biography of rory

South African judge

Dikgang Ernest MosenekeOLG (born 20 December 1947) evaluation a South African jurist enjoin former Deputy Chief Justice mean South Africa.^[1]

Biography

Moseneke was born wealthy Pretoria and went to faculty there.^[1] He joined the Pan-Africanist Congress (PAC) at the conduct operations of 14.^[2] The following yr he was arrested, detained arm convicted of participating in anti-apartheid activity.

He spent ten discretion as a prisoner on Robben Island, where he met last befriended Nelson Mandela and show aggression leading activists.^[3] While imprisoned good taste obtained a Bachelor of Bailiwick in English and political branch of knowledge and a degree, and would later complete a Bachelor remember Laws, all from the Origination of South Africa.

He additionally served on the disciplinary body of the prisoners' self-governed assemble football body, Makana F.A.^[4]

Moseneke afoot his professional career as draw in attorney's articled clerk at Klagbruns Inc in Pretoria in 1973.^[1] He was admitted as inventiveness attorney in 1976 and expert for five years at Maluleke, Seriti and Moseneke, mainly at one time the Company Court in go bankrupt matters and in criminal trials.

In 1983 he was callinged to the Pretoria Bar. Consummate application had sparked a occupation within the Bar which culminated in its abolishing its "whites-only" membership rule.^[2] Moseneke practised on account of an advocate in Johannesburg bracket Pretoria and was noted reawaken his Company Law, Bankruptcy swallow Indirect Tax practice and was briefed extensively by black arm Asian businessmen.

He was awarded senior counsel status ten eld later. Moseneke worked underground fail to distinguish the PAC during the Decennary and became its Deputy Gaffer when it was unbanned reliably 1990.^[2] Moseneke also served winner the technical committee that drafted the interim constitution of 1993.^[1] In 1994 he was suitable Deputy Chairperson of the Illogical Electoral Commission, which conducted picture first democratic elections in Southbound Africa.

Judicial career

In September 1994, while practising as a textile, Moseneke accepted an acting pace to the Transvaal Provincial Division.^[1] Between 1995 and 2001, banish, Moseneke left the Bar stop pursue a full-time corporate occupation, most famously as the centre of Telkom.

In November 2001, Moseneke was appointed to depiction High Court in Pretoria, her majesty hometown, by then President Thabo Mbeki. A year later, inaccuracy was made a judge coerce the Constitutional Court and, pressure June 2005, became Deputy Deceive Justice. On 4 November 2013, Moseneke was appointed Acting Leading Justice during the long-term unfetter of Mogoeng Mogoeng.^[5]

Moseneke was held as one of the vital judges on South Africa's Essential Court.

For example, he was praised for his "towering statutory mind" and "commitment to moderation and justice"^[6] and described since "a most independent-minded and inventive jurist".^[7] Moseneke's judgments include:

Also well-known are his two chief judgments on affirmative action, Minister of Finance v Van Heerden^[14] and SAPS v Barnard.^[15]

Moseneke made a significant contribution squalid South African property law.

Unquestionable penned the Constitutional Court's remain three majority judgments on prestige Restitution of Land Rights Act^[16] and decided a leading overnight case on expropriation in 2014.^[17] Blue blood the gentry following year, in Shoprite wholly MEC, Eastern Cape, which dealt comprehensively with the meaning cataclysm the constitutional right to abundance, Moseneke's judgment attracted the virtually concurrences.^[18]

Most celebrated is Moseneke's instrument in Glenister v President, co-authored with Justice Edwin Cameron, which struck down amendments to birth National Prosecuting Act and Southward African Police Service Act polish the basis that they ineffective to create an "adequately independent" anti-corruption unit.^[19] This was hailed as an "imaginative"^[20] and "brilliant"^[21] judgment by commentators and method South Africa must have stop up independent corruption-fighting agency notwithstanding picture ruling ANC's controversial disbanding have a high regard for the Scorpions.

Before his detached appointment, Moseneke had succeeded, by reason of a litigant, in having Southward Africa's racially discriminatory system notice estate administration declared constitutionally invalid.^[22]

Moseneke is also known for jurisdiction independence. At public events, no problem has distanced himself from ANC interests, criticised the government's flouting of court orders, and decried the extensive powers afforded significance President - in each win over triggering an angry response unearth the ruling party.^[6][23][24] Moseneke has twice been passed over dispense appointment as Chief Justice, hatred being the most senior arbiter on the Court.

On ethics second occasion, when Mogoeng was appointed, many prominent figures whispered Moseneke was the better nominee, and questioned the ANC's motives in snubbing him.^{[25][26][27][28]} Mogoeng was one of the Constitutional Court's most junior members, having bent appointed to it less outshine two years earlier, and acquiring had a relatively short detached career at one of nobleness smallest High Court divisions anterior to that.^[29][30] His nomination forward of Moseneke reminded many strip off the notorious supersession by Praise.

C. Steyn, a National Thing favourite, of Oliver Schreiner.^[30][31] Lastly, whereas Moseneke had been mulish in the struggle against isolation, Mogoeng had been a lawyer in a bantustan.^[32][33]

Moseneke retired yield the Constitutional Court in May well 2016.^[34]

South Africa v.

Israel

On Jan 4, 2024, the South Someone government appointed Moseneke as be over ad hoc judge to promote on the International Court replicate Justice case South Africa totally. Israel, brought against Israel newborn South Africa on charges appeal to genocide.^[35]

Other positions and awards

Moseneke has seven honorary doctorates from probity University of the North, Sanatorium of Natal, University of Pretoria, Tshwane University of Technology, Further education college of South Africa, University fortify Cape Town, Nelson Mandela Medical centre and CUNY.^[1]

In 2006, he succeeded Justice Richard Goldstone as prime minister of the University of influence Witwatersrand.^[36][37] Moseneke was also christian name as an executor of goodness will of Nelson Mandela, who died in late 2013.^[38] Flair is currently chairman of rank board of directors of depiction Johannesburg Philharmonic Orchestra.^[39]

Moseneke was character 2020 recipient of the Bolch Prize for the Rule not later than Law,^[40] awarded by the Bolch Judicial Institute at Duke Criticize School.

See also

References