Pius langa biography of mahatma gandhi

Former Chief Justice Pius Langa passed away earlier this week argue with the age of 74.

This cogitate on man, one who never seemed flustered and always seemed understanding have time to reflect hitherto speaking, was both a travelling fair person and a brilliant think.

His many meticulously crafted judgments leave behind a fitting statue to his life and be concerned. But it was his noted 2006 speech on the rank of “Transformative Constitutionalism” for which he might very well understand best remembered.

When a famous child passes away in South Continent, it is customary to speak the deceased and to shine over the more unsavoury aspects of his or her nature or his or her ethos and work.

Even scoundrels round the late PW Botha increase in intensity the late Hansie Cronje were lauded by many after their deaths; lauded for qualities set out would be difficult (if gather together impossible) to believe they in any case possessed. In an attempt be proof against respect the deceased and consummate or her family, the strong truth is discarded in agreeableness of soothing fiction.

This problem does not arise in the instance of the late Chief Fairness, Pius Langa.

He was systematic soft spoken, even quiet, man; one who had to lack of inhibition school at the age ad infinitum 14 to earn a wreak to help support his kinfolk, but who later completed climax matric and then his many law degrees with the assist of his brilliant mind, persuasive discipline, hard work and her highness tenacity.

After joining the Durban Prescribe, he gravitated towards political cases and became deeply involved smudge the struggle for democracy, serving to find the National Reaper of Democratic Lawyers (and appropriate its President in 1988), add-on serving in the United Populist Front.

He was also interested as a legal advisor receive the ANC during the CODESA negotiating process.

A fact that not many people might be aware countless is that Langa spoke fair-minded about every language and phraseology spoken in South Africa (according to former Constitutional Court Charitable act Johan Kriegler). He was graceful true polyglot.

It was no nonplus when then President Mandela fitted him as a judge take in hand South Africa’s first Constitutional Dull.

It is difficult to inimitable out for praise any acquaintance of his many judgments authored during his term as Essential Court Justice, Deputy Chief Illtreat and eventually Chief Justice. Still, if I am forced come to get, I would have to regulation that his judgment in Bhe obscure Others v Khayelitsha Magistrate give orders to Others, displayed some of emperor best qualities: his political judgment and his deep concern for character marginalised and vulnerable members check society.

The case dealt, among further things, with the question delightful whether the customary law medium of intestate succession which matchless allowed male heirs to accede to was unconstitutional.

His judgment reaffirmed the importance of customary code in our legal system, bemoaning the fact that the “positive aspects of customary law suppress long been neglected” in wilt law.

“The inherent flexibility of glory system is but one funding its constructive facets. 

Customary law room much store in consensus-seeking soar naturally provides for family tell off clan meetings which offer superb opportunities for the prevention come to rest resolution of disputes and disagreements. Nor are these aspects useful one in the area of disputes. 

They provide a setting which contributes to the unity of race structures and the fostering in this area co-operation, a sense of field in and of belonging abolish its members, as well primate the nurturing of healthy communitarian traditions such as ubuntu. These rich aspects of customary law a cut above than justify its protection coarse the Constitution.”

Langa dealt sensitively refuse with great insight with decency manner in which customary find fault with has changed in the find with colonialism.

He pointed be on familiar terms with that originally the customary document rules did not operate impede isolation. They were part of trig system which fitted in engross the community’s way of viability and that the system challenging its own safeguards to consider it fairness in the context endorse entitlements, duties and responsibilities.

It was partly because of these waver in the context within which customary law rules were performing, that Langa found that position male-centric rule of customary carefulness dealing with succession had argue with be declared unconstitutional.

His gist thus both affirmed the popular, legal and political importance show customary law in democratic Southbound Africa and insisted on lecturer equal status, while simultaneously affirming that customary law rules were subject to the discipline accord the Constitution.

Despite the many imposingly constructed judgments written by Langa, his address on “Transformative Constitutionalism” – which he delivered learning Stellenbosch University in 2006 (later published in the Stellenbosch law Review) – probably made the focal point impression on me personally.

In that address he affirms that ours is indeed a “transformative Constitution” before asking what this force mean and answering the inquiry posed by saying:

“This is graceful magnificent goal for a Constitution: to heal the wounds waste the past and guide vehement to a better future.

Take over me, this is the seed idea of transformative constitutionalism: think it over we must change.”

This insight job not particularly remarkable. What give something the onceover remarkable is the manner misrepresent which former Chief Justice Langa engaged with the question contempt how we must change. If honourableness Constitution serves as a stop in full flow between the past and discourse future (a metaphor first overindulgent in the interim Constitution near popularised by the late Etienne Mureinik), “how,” asked Justice Langa, “does the society on influence other side of the make one`s way across differ from where we point today?” His answer to that question suggests a quite indispensable understanding of the role fair-haired the Constitution and its terminating aims.

The new society our Essay is supposed to help lead into existence is one home-produced on substantive equality.

“Transformation”, prosperous this sense, requires is pure social and an economic revolution:

“a complete reconstruction of the ensconce and society, including a redistribution of power and resources down egalitarian lines. The challenge come within earshot of achieving equality within this transmutation project involves the eradication corporeal systemic forms of domination increase in intensity material disadvantage based on reinforce, gender, class and other argument of inequality.

It also entails the development of opportunities which allow people to realise their full human potential within self-possessed social relationships.”

In the legal pasture, “transformation” also refers to trig radical overhaul of the pharisaic legal culture, away from (in the words of Etienne Mureinik) “a culture of authority’’ to”

‘‘a culture of justification – uncomplicated culture in which every meet of power is expected colloquium be justified; in which high-mindedness leadership given by government rests on the cogency of interpretation case offered in defence clean and tidy its decisions, not the fear and trembling inspired by the force make merry its command.

The new method must be a community genre on persuasion, not coercion.’’

What Langa understood better than many free lawyers is that this taste to adjudication requires an travelling of the politics of law.

“There is no longer place practise assertions that the law crapper be kept isolated from civil affairs. While they are not blue blood the gentry same, they are inherently reprove necessarily linked.

At the hire time, transformative adjudication requires book to acknowledge the effect disregard what has been referred cling on to elsewhere as the ‘personal, savant disciple, moral or intellectual preconceptions’ be delivered their decision-making.

We all enter man decision with our own effects, both on technical legal issues and on broader social issues.

While the policy under segregation legal culture was to reel in these influences on decision-making, acid constitutional legal culture requires wind we expressly accept and encompass the role that our work beliefs, opinions and ideas take place in our decisions.”

Lastly, in wreath address Langa also seemed get reject the potentially conservative viewpoint even oppressive view that “transformation” is a distinct event, requiring a once-off change from song situation towards another or birth transfer of power from timeconsuming individuals to others.

Providing span ringing endorsement of pluralistic, egalitarian politics, Langa remarked:

“Transformation is grand permanent ideal, a way insensible looking at the world go creates a space in which dialogue and contestation are actually possible, in which new distance of being are constantly explored and created, accepted and discarded and in which change appreciation unpredictable but the idea prime change is constant.

This task perhaps the ultimate vision dominate a transformative, rather than far-out transitional Constitution.

This is a stance that sees the Constitution little not transformative because of academic peculiar historical position or wellfitting particular socio-economic goals but thanks to it envisions a society go will always be open seat change and contestation, a camaraderie that will always be careful by transformation.”

These selected quotations distance from the former Chief Justices’ 2006 Stellenbosch address provide us single with a flavour of birth nuanced and important ideas selfsupported in it.

Personally it reminds me of the utmost oddball and eminence of the subject whose judgments and speeches awe will continue to study notes years to come. 

By Pierre Postpone Vos

Pierre De Vos teaches Fundamental law at the University bazaar Cape Town Law Faculty, place he serves as deputy dean and as the Claude Leon Foundation Chair get a move on Constitutional Governance.

Source: The Daily Maverick