Chris Jafta

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(see below). [8] By September 2009, there were four vacancies on the court – arising from the retirement of Chief Justice Pius Langa and Justices Yvonne Mokgoro, Kate O'Regan, and Albie Sachs – and Jafta was shortlisted for one of them, nominated by the Legal Resources Centre, the Aids Law Project, and fellow Judge of Appeal Kenneth Mthiyane. [9] He was interviewed in Kliptown, [10] and after the interviews, he was one of the seven candidates whom the Judicial Service Commission recommended as suitable for appointment. [11]

On 11 October 2009, President Jacob Zuma confirmed Jafta's elevation to the Constitutional Court. He took office the following day alongside Sisi Khampepe, Johan Froneman, and Mogoeng Mogoeng. [12]

Jurisprudence

Jafta was one of the most prolific judges on the court and was particularly well known for writing dissenting opinions. [13] By 2013, the Mail & Guardian observed that he was "emerging as one of the main brains on the politically conservative side" of the Constitutional Court bench, which also included Justices Mogoeng and Raymond Zondo. [14] He was described as a legal formalist, [14] as well as prone to defer to the executive branch. [15] However, he also wrote for the court's majority in EFF v Speaker II , a politically sensitive case in which the court arguably threatened to encroach on the independence of the legislature. [16]

Perhaps his most celebrated judgment was Bakgatla-ba-Kgafela, [17] concerning the application of the Communal Property Association Act, 1996 to a dispute between residents of Bakgatla-Ba-Kgafela community of the rural North West and their traditional leader. Jafta's unanimous judgment, which upheld an appeal in favour of the community members, was described as a "crucial" judgment on land rights and land reform. [18] [19] Commentators welcomed it, describing it as a victory for democratic land rights. [20] [21] [22] [23] More generally, Jafta's colleague, Justice Mbuyiseli Madlanga, admired his talent for statutory interpretation. [3]

Retirement

Jafta retired from the judiciary on 11 October 2021 at the end of his non-renewable 12-year term in the Constitutional Court. [24] His retirement coincided with that of Justice Sisi Khampepe and Chief Justice Mogoeng Mogoeng. [25]

Hlophe controversy

In 2008, while Jafta was acting in the Constitutional Court, Cape Judge President John Hlophe allegedly approached Jafta and Justice Bess Nkabinde with an attempt to persuade them to find in Jacob Zuma's favour in Thint v NDPP , a case that was pending before the court. The Constitutional Court laid a public complaint against Hlophe which Jafta and Nkabinde supported. [26] Six years later, however, when the misconduct enquiry against Hlophe was pending, Jafta and Nkabinde brought a court challenge to the tribunal's jurisdiction, saying their own complaint was not legally valid. [27] Eusebius McKaiser slammed Jafta and Nkabinde's "cowardice", which he said had brought the Constitutional Court into disrepute. [28] Others said Jafta and Nkabinde's conduct left them "baffled" and confounded expectations about how judges should behave. [29] The two judges claimed, in response, that they were simply upholding the Constitution. [30]

The High Court dismissed the judges' application on 26 September 2014, [31] and an appeal to the Supreme Court of Appeal failed in March 2016. [32] Jafta and Nkabinde subsequently filed for leave to appeal to their own court, the Constitutional Court, [33] a move which the Daily Maverick said created the impression that they were "obstructing and delaying the process" of holding Hlophe to account. [34] On 16 May 2016, the Constitutional Court dismissed the two judges' application for leave to appeal. [35] However, on 7 June 2016, in a move that "baffled" observers, Jafta and Nkabine applied to the court for a second time, now asking it to rescind its earlier dismissal order on the grounds that it had been granted erroneously. [36]

Personal life

Jafta is married to Nomviwo Jafta, with whom he has two children. [1]

Related Research Articles

<span class="mw-page-title-main">Constitutional Court of South Africa</span> Supreme court of South Africa

The Constitutional Court of South Africa is a supreme constitutional court established by the Constitution of South Africa, and is the apex court in the South African judicial system, with general jurisdiction.

Yahya John Mandlakayise Hlophe is the former Judge President of the Western Cape Division of the High Court of South Africa.

Baaitse Elizabeth "Bess" Nkabinde-Mmono is a South African retired judge who served in the Constitutional Court of South Africa from January 2006 to December 2017. During that time, she was acting Deputy Chief Justice of South Africa from 23 May 2016 to 7 June 2017. She joined the bench in November 1999 as a judge of the Bophuthatswana Provincial Division.

<span class="mw-page-title-main">Mogoeng Mogoeng</span> Chief Justice of South Africa

Mogoeng Thomas Reetsang Mogoeng is a South African jurist who served as the Chief Justice of South Africa from 8 September 2011 until his retirement on 11 October 2021.

Johan Coenraad Froneman is a South African retired judge who was a justice of the Constitutional Court of South Africa from October 2009 to May 2020. He joined the judiciary as a judge of the Eastern Cape Division in 1994 and was elevated to the apex court by President Jacob Zuma. He was also the inaugural Deputy Judge President of the Labour Court of South Africa between 1996 and 1999.

Sisi Virginia Khampepe is a retired South African judge who served in the Constitutional Court of South Africa between October 2009 and October 2021. Formerly a prominent labour lawyer, she joined the bench in December 2000 as a judge of the Transvaal Provincial Division. She was also a member of the Truth and Reconciliation Commission.

Lex Mpati is a South African retired judge who was the President of the Supreme Court of Appeal of South Africa from August 2008 to May 2016. He was appointed to the bench in February 1997 as a judge of the Eastern Cape Division and he joined the Supreme Court as a puisne judge in December 2000. Before his elevation to the presidency, he was the Supreme Court's first Deputy President from 2003 to 2008. He was also an acting judge in the Constitutional Court in 2007.

<i>Thint v NDPP</i> South African legal case

Thint (Pty) Ltd v National Director of Public Prosecutions and Others; Zuma and Another v National Director of Public Prosecutions and Others is a 2008 decision of the Constitutional Court of South Africa in the area of criminal procedure. It concerns the lawfulness of search and seizure warrants issued in terms of section 29 of the National Prosecuting Authority Act, 1998 in the course of an investigation into serious economic crime. The court implemented several tests for the lawfulness of such warrants and confirmed that the state was not required to provide notice to the subjects of such warrants.

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References

  1. 1 2 3 4 5 6 7 8 9 10 11 12 13 "Justice Chris Jafta". Constitutional Court. Retrieved 25 December 2021.
  2. 1 2 "Constitutional Court Oral History Project: Chris Jafta" (PDF). 2 December 2011.
  3. 1 2 3 4 5 Madlanga, Mbuyiseli (2021). "Tribute to Justice Christopher Jafta". The Judiciary: Farewell Special Feature (PDF). pp. 25–29.
  4. ↑ "Hlophe, Jafta shake hands". IOL. 30 July 2009. Retrieved 21 February 2024.
  5. 1 2 "Mbeki names new judges". IOL. 4 November 2004. Retrieved 21 February 2024.
  6. ↑ "Judges in the dock". The Mail & Guardian. 6 September 2008. Retrieved 21 February 2024.
  7. ↑ "Judgement time for Concourt hopefuls". The Mail & Guardian. 6 October 2008. Retrieved 21 February 2024.
  8. ↑ "Two judges off Constitutional Court shortlist". The Mail & Guardian. 12 October 2008. Retrieved 21 February 2024.
  9. ↑ "All the candidates in the JSC interviews". IOL. 21 September 2009. Retrieved 21 February 2024.
  10. ↑ "Jafta takes the hotseat". IOL. 21 September 2009. Retrieved 21 February 2024.
  11. ↑ "No place for Hlophe on Concourt shortlist". The Mail & Guardian. 22 September 2009. Retrieved 21 February 2024.
  12. ↑ "President Zuma appoints four Constitutional Court judges". South African Government. 11 October 2009. Retrieved 21 February 2024.
  13. ↑ "Chris Jafta – A reflection". Judges Matter. 18 October 2021. Retrieved 21 February 2024.
  14. 1 2 "Applause for Mogoeng's judicial cadenza". The Mail & Guardian. 17 October 2013. Retrieved 21 February 2024.
  15. ↑ "Justices disagree: Is this the beginning of the end of a divide in the ConCourt". The Mail & Guardian. 28 November 2016. Retrieved 21 February 2024.
  16. ↑ Gardbaum, Stephen (2019). "Pushing the boundaries: judicial review of legislative procedures in South Africa". Constitutional Court Review. 9 (1): 1–18. doi: 10.2989/CCR.2019.0001 . ISSN   2073-6215.
  17. ↑ Bakgatla-Ba-Kgafela Communal Property Association v Bakgatla-Ba-Kgafela Tribal Authority and Others [2015] ZACC 25.
  18. ↑ Rabkin, Franny (29 May 2015). "Bakgatla case with far-reaching implications before top court". Business Day. Retrieved 13 September 2015.
  19. ↑ Clark, Michael (18 June 2015). "Bakgatla ba Kgafela's Constitutional Court case goes to heart of land reform". African Legal Centre. Archived from the original on 28 September 2015. Retrieved 13 September 2015.
  20. ↑ "ConCourt hands land back to North West community". The Mail & Guardian. 20 August 2015. Retrieved 21 February 2024.
  21. ↑ "Landmark Bakgatla-Ba-Kgafela community victory highlights land claims issues". CapeTalk. Retrieved 13 September 2015.
  22. ↑ Mashego, Penelope (21 August 2015). "Top court rules for community in landmark case". Business Day. Retrieved 13 September 2015.
  23. ↑ "Constitutional Court judgment backs democratic control of land in traditional areas". Sunday Times. Rand Daily Mail. 20 August 2015. Retrieved 13 September 2015.
  24. ↑ Seleka, Ntwaagae (13 October 2021). "Justices Sisi Khampepe and Chris Jafta join Mogoeng in retirement from ConCourt". News24. Retrieved 21 February 2024.
  25. ↑ "Zondo thanks retiring Justices Khampepe and Jafta for their service". The Mail & Guardian. 13 October 2021. Retrieved 21 February 2024.
  26. ↑ Smook, Ella (13 October 2008). "Judge Jafta pulls ConCourt application". IOL.
  27. ↑ SAPA (21 October 2013). "Judges file Hlophe review application". IOL.
  28. ↑ Mackaiser, Eusebius (7 October 2013). "Shame on those two Concourt judges". IOL.
  29. ↑ Rabkin, Franny. "What happens when the judge becomes the judged?". Rand Daily Mail. Retrieved 25 July 2016.
  30. ↑ Hawker, Dianne (21 October 2013). "Nkabinde and Jafta: We are fighting for the Constitution". eNCA. Archived from the original on 19 October 2022. Retrieved 17 June 2015.
  31. ↑ Tolsi, Niren (6 October 2014). "Hlophe 'misconduct': Jafta, Nkabinde stall matter". News24. City Press.
  32. ↑ "Nkabinde and Another v Judicial Service Commission and Others (20857/2014) [2016] ZASCA 12". SAFLII. 10 March 2016.
  33. ↑ "Two Constitutional Court justices take case on appeal to own court". Business Day Live. Retrieved 10 April 2016.
  34. ↑ Thamm, Marianne (17 May 2016). "Judge Hlophe misconduct charges: ConCourt breakthrough ruling allows judges to be held accountable". Daily Maverick. Retrieved 25 July 2016.
  35. ↑ Raborife, Mpho (16 May 2016). "ConCourt dismisses appeal on SCA's Judge Hlophe misconduct ruling". News24. Retrieved 25 July 2016.
  36. ↑ Thamm, Marianne (9 June 2016). "Justice delayed: Two ConCourt judges inexplicably continue to stymie judicial accountability". Daily Maverick. Retrieved 25 July 2016.
Chris Jafta
Justice of the Constitutional Court
In office
12 October 2009 –11 October 2021
Current justices
ConstitutionalCourtofSouthAfrica-table-20070412.jpg
Former justices
Lists of judgments
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