Edition October 2024

The illustrious 27-year career of the former Chief Justice Raymond Zondo has been hailed as having significantly contributed to the development of South Africa’s law, fight against corruption and the transformation in the judicial authority.

The former Chief Justice’s term of office ended on 31 August. In a statement, the Office of the Chief Justice highlighted some of his contributions to the Judiciary throughout his years of service.

It noted that when Zondo assumed the role of Acting Judge-President of the Labour Appeal Court in August 1999,  the court faced a significant reduction in its judges. The number had dwindled from six to just two, which meant the court was unable to meet the required quorum of three judges.

“Both the Judge-President and the Deputy Judge-President had left, and it was left to Chief Justice Zondo as Acting Judge-President and later Judge-President to rebuild the Labour Appeal Court, which he did successfully over the years”.

The office also remarked that during Zondo’s term, significant progress was made in advancing racial and gender transformation within the Labour Appeal Court. He provided numerous acting opportunities to capable women, many of whom were later appointed to the Supreme Court of Appeal and the Constitutional Court.

Fighting corruption

From 2018 to 2022, Zondo successfully led the Commission of Inquiry into Allegations of State Capture – commonly known as the Zondo Commission – resulting in a six-part report submitted to President Cyril Ramaphosa.

President Cyril Ramaphosa has since outlined government’s plan of action in response to the commission’s recommendations.

In his speech at the National Anti-Corruption Advisory Council Summit in November 2023, the President said: “Not only did the commission lay bare the extent and depth of state capture, but it also presented the country with the means to both remedy the great harm caused by state capture and to create the conditions that would prevent its recurrence.

Viewed overall, the recommendations of the State Capture Commission have provided the country with a clear way forward”.

Gender transformation

In 2023, Chief Justice Zondo reintroduced the Aspirant Women Judges’ Programme, originally initiated by the former Minister of Justice and Constitutional Development, Bridgette Mabandla, to expedite the training of women lawyers and magistrates in preparation for potential appointments as Acting Judges and, eventually, as Judges, thereby advancing gender transformation within the Judiciary.

“Chief Justice Zondo named this programme the Bridgette Mabandla Aspirant Women Judges’ Programme in honour of former Minister Mabandla.

Several aspirant women Judges took part in that training last year. On 5 August 2024. Chief Justice Zondo launched the 2024 Aspirant Women Judges’ Programme for 2024. About 20 candidates are taking part in that programme,” noted the statement.

International participation

He has also ensured that the Judiciary in general and the Constitutional Court play an active role in international bodies relating to legal and judicial matters.

This includes his attendance at the World Conference on Constitutional Justice in Indonesia, where he ensured that South Africa’s voice was heard; and being invited by the Chief Justice of Indonesia to participate in a conference celebrating 20 years of the Constitutional Court of Indonesia, where he delivered an address.

“Earlier this year, he also attended the J20 Chief Justices’ Forum in Brazil, a gathering of the Chief Justices of G20 countries, where they discuss matters of mutual interests,” it added.

Furthermore, he continued to be a member of the Executive Bereaux of the Conference on Constitutional Jurisdictions of Africa. A few months ago, he attended a meeting of the Executive Bereaux in Morocco. He has also ensured that the Judiciary of South Africa is represented at a meeting of the BRICS Forum of Chief Justices.

Tributes to Zondo

In his weekly newsletter, From the desk of the President, published on 26 August 2024, President Ramaphosa urged South Africans to work with government to honour the former Chief Justice’s legacy by building a fairer, just and ethical nation.

He reiterated the impact that that state capture had on the State, economy and society.

“It was a huge undertaking, involving more than 400 days of hearings, over 300 witnesses and more than 1.7 million pages of documentary evidence. Chief   Justice Zondo can retire from office knowing that he has done his country an invaluable service,” the President said.

On 21 August, just before his retirement, the Judiciary honoured Zondo in a Special Ceremonial Sitting of the Constitutional Court, where he delivered his final judgement.

At a farewell dinner held on the eve of the ceremony, Justice and Constitutional Development Minister Thembi Simelane paid Tribute to the former Chief Justice on behalf of the President.

She noted that history will record that he established a standard for probity in public affairs that will serve the country for many years to come.

She added that government has already made considerable progress in implement the commission’s recommendations.

To prevent the country from experiencing state capture, the Minister stated that government has introduced and enacted legislation in critical areas such as public procurement, criminal justice and public administration. “The bench, the legal fraternity and our country is all the richer for your contribution. We are confident that your important voice and wise counsel will not be lost to us in this new era in the life of our country,” concluded the Minister. ❖