Malcolm Wallis | |
|---|---|
| Judge of the Supreme Court of Appeal | |
| In office 1 June 2011 –2021 | |
| Appointed by | Jacob Zuma |
| Judge of the High Court of South Africa | |
| In office 1 January 2009 –31 May 2011 | |
| Appointed by | Kgalema Motlanthe |
| Division | KwaZulu-Natal |
| Personal details | |
| Born | Malcolm John David Wallis 8 July 1950 |
| Alma mater | University of Natal (BCom,LLB) University of KwaZulu-Natal (PhD) |
Malcolm John David Wallis (born 8 July 1950) is a South African retired judge who served in the Supreme Court of Appeal between 2011 and 2021. Formerly an advocate in Natal,he joined the bench in 2009 as a judge in the KwaZulu-Natal High Court.
Born on 8 July 1950 in Durban, [1] Wallis matriculated at Durban High School. [2] He graduated from the University of Natal in 1972 with a BCom and LLB,and he entered practice as an advocate in Natal in 1973. [2] He earned silk in December 1985. [2] He was also chairperson of the Natal Bar between 1991 and 1993 and chairperson of the General Council of the Bar between 1994 and 1997. [2]
In 2010,Wallis completed a doctorate at the University of KwaZulu-Natal. [2] His dissertation in maritime law was published as The Associated Ship and South African Admiralty Jurisdiction. [3]
After several stints as an acting judge,Wallis joined the bench of the KwaZulu-Natal High Court on 1 January 2009. [2] In addition,he was a judge in the Labour Appeal Court between 2010 and 2011. [2] [4]
In 2011,President Jacob Zuma elevated Wallis to the Supreme Court of Appeal,where he took office on 1 June. [5] During his 10 years' service in the appellate court,his notable judgments included Minister of Justice and Constitutional Development v Southern African Litigation Centre,in which the court found that the South African government had acted unlawfully when it failed to effect an International Criminal Court arrest warrant against Omar al-Bashir. [6]
Wallis was an acting judge of the Constitutional Court for one term between July and September 2015. [3] During that time he wrote the highest court's unanimous judgment in Kham v Electoral Commission,an election law judgment that invalidated by-elections held in the Tlokwe Local Municipality in 2013. [6]
In 2017,the Judicial Service Commission shortlisted him as a candidate to join the Constitutional Court bench permanently. After an interview in Midrand in April, [7] the commission recommended Wallis and three others –Leona Theron,Steven Majiedt,and Jody Kollapen –as suitable for appointment. [8] [9] President Zuma appointed Theron.
He retired from the judiciary in 2021. [10]
He married his wife,Janet,in 1977;they have three children. [1]