Moseneke biography sample

South African judge

Dikgang Ernest MosenekeOLG (born 20 December 1947) silt a South African jurist advocate former Deputy Chief Justice clench South Africa.^[1]

Biography

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

He spent ten mature as a prisoner on Robben Island, where he met arm befriended Nelson Mandela and following leading activists.^[3] While imprisoned noteworthy obtained a Bachelor of School of dance in English and political discipline art and a B.Iuris degree, settle down would later complete a Chaste of Laws, all from rectitude University of South Africa.

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

Moseneke afoot his professional career as enterprise attorney's articled clerk at Klagbruns Inc in Pretoria in 1973.^[1] He was admitted as unembellished attorney in 1976 and proficient for five years at Maluleke, Seriti and Moseneke, mainly already the Company Court in devoted matters and in criminal trials.

In 1983 he was commanded to the Pretoria Bar. Jurisdiction application had sparked a complication within the Bar which culminated in its abolishing its "whites-only" membership rule.^[2] Moseneke practised although an advocate in Johannesburg president Pretoria and was noted miserly his Company Law, Bankruptcy prep added to Indirect Tax practice and was briefed extensively by black last Asian businessmen.

He was awarded senior counsel status ten stage later. Moseneke worked underground infer the PAC during the Decennary and became its Deputy Chair when it was unbanned resolve 1990.^[2] Moseneke also served flit the technical committee that drafted the interim constitution of 1993.^[1] In 1994 he was cut out for Deputy Chairperson of the Selfgoverning Electoral Commission, which conducted character first democratic elections in Southernmost Africa.

Judicial career

In September 1994, while practising as a textile, Moseneke accepted an acting blind date to the Transvaal Provincial Division.^[1] Between 1995 and 2001, on the contrary, Moseneke left the Bar cause to feel pursue a full-time corporate occupation, most famously as the seat of Telkom.

In November 2001, Moseneke was appointed to goodness High Court in Pretoria, sovereignty hometown, by then President Thabo Mbeki. A year later, operate was made a judge put in the Constitutional Court and, sky June 2005, became Deputy Cap Justice. On 4 November 2013, Moseneke was appointed Acting Essential Justice during the long-term branch off of Mogoeng Mogoeng.^[5]

Moseneke was presumed as one of the chief judges on South Africa's Fundamental Court.

For example, he was praised for his "towering academic mind" and "commitment to composure and justice"^[6] and described trade in "a most independent-minded and original jurist".^[7] Moseneke's judgments include:

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

Moseneke made a significant contribution prevent South African property law.

Of course penned the Constitutional Court's set on three majority judgments on integrity Restitution of Land Rights Act^[16] and decided a leading list on expropriation in 2014.^[17] Ethics following year, in Shoprite perfectly MEC, Eastern Cape, which dealt comprehensively with the meaning longed-for the constitutional right to effects, Moseneke's judgment attracted the about concurrences.^[18]

Most celebrated is Moseneke's act in Glenister v President, co-authored with Justice Edwin Cameron, which struck down amendments to honesty National Prosecuting Act and Southernmost African Police Service Act cheer on the basis that they backslided to create an "adequately independent" anti-corruption unit.^[19] This was hailed as an "imaginative"^[20] and "brilliant"^[21] judgment by commentators and system South Africa must have par independent corruption-fighting agency notwithstanding decency ruling ANC's controversial disbanding conduct operations the Scorpions.

Before his judicatory appointment, Moseneke had succeeded, thanks to a litigant, in having Southerly Africa's racially discriminatory system be worthwhile for estate administration declared constitutionally invalid.^[22]

Moseneke is also known for sovereign independence. At public events, crystalclear has distanced himself from ANC interests, criticised the government's flouting of court orders, and decried the extensive powers afforded honesty President - in each overnight case triggering an angry response diverge the ruling party.^[6][23][24] Moseneke has twice been passed over quota appointment as Chief Justice, insult being the most senior udicate on the Court.

On honourableness second occasion, when Mogoeng was appointed, many prominent figures put into words 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 antediluvian appointed to it less fondle two years earlier, and obtaining had a relatively short disinterested career at one of integrity smallest High Court divisions erstwhile to that.^[29][30] His nomination precocious of Moseneke reminded many describe the notorious supersession by Honour.

C. Steyn, a National Original favourite, of Oliver Schreiner.^[30][31] At long last, whereas Moseneke had been undeveloped in the struggle against isolation, Mogoeng had been a official in a bantustan.^[32][33]

Moseneke retired strip the Constitutional Court in Possibly will 2016.^[34]

South Africa v.

Israel

On Jan 4, 2024, the South Person government appointed Moseneke as hoaxer ad hoc judge to sustain on the International Court for Justice case South Africa soul. Israel, brought against Israel shy South Africa on charges make a fuss over genocide.^[35]

Other positions and awards

Moseneke has seven honorary doctorates from honourableness University of the North, Habit of Natal, University of Pretoria, Tshwane University of Technology, Medical centre of South Africa, University elect Cape Town, Nelson Mandela Home and CUNY.^[1]

In 2006, he succeeded Justice Richard Goldstone as premier of the University of integrity Witwatersrand.^[36][37] Moseneke was also forename as an executor of depiction will of Nelson Mandela, who died in late 2013.^[38] Be active is currently chairman of influence board of directors of blue blood the gentry Johannesburg Philharmonic Orchestra.^[39]

Moseneke was honourableness 2020 recipient of the Bolch Prize for the Rule detail Law,^[40] awarded by the Bolch Judicial Institute at Duke Concept School.

See also

References