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Jeremy John Gauntlett SC, KC (born 10 November 1950) is a British–South African lawyer who practises public and
commercial law Commercial law, also known as mercantile law or trade law, is the body of law that applies to the rights, relations, and conduct of persons and business engaged in commerce, merchandising, trade, and sales. It is often considered to be a branc ...
. He entered legal practice as an advocate in Cape Town in 1976 and was admitted to the Bar of England and Wales in 1994. In addition to his chambers in Cape Town and Johannesburg, he is a tenant at
Brick Court Chambers Brick Court Chambers is a set of barristers' chambers in London. It specialises in Commercial, EU, Competition and Public Law work. Brick Court Chambers was founded in 1921 by William Jowitt KC, later Lord Chancellor. Its rise to prominence was ...
in London.


Early life and education

Gauntlett was born on 10 November 1950 in
Harare, Zimbabwe Harare (; formerly Salisbury ) is the capital and most populous city of Zimbabwe. The city proper has an area of 940 km2 (371 mi2) and a population of 2.12 million in the 2012 census and an estimated 3.12 million in its metropolitan ...
, where he grew up. He attended Stellenbosch University on a Beit Scholarship, graduating with a BA ''cum laude'' in 1971 and a BA ''cum laude'' in 1973, and then took a
Rhodes Scholarship The Rhodes Scholarship is an international postgraduate award for students to study at the University of Oxford, in the United Kingdom. Established in 1902, it is the oldest graduate scholarship in the world. It is considered among the world' ...
, completing a BCL at
New College, Oxford New College is one of the constituent colleges of the University of Oxford in the United Kingdom. Founded in 1379 by William of Wykeham in conjunction with Winchester College as its feeder school, New College is one of the oldest colleges at th ...
in 1976.


Legal career

Upon his return to South Africa from Oxford, Gauntlett moved to Cape Town, joining the Cape Bar as an
advocate An advocate is a professional in the field of law. Different countries' legal systems use the term with somewhat differing meanings. The broad equivalent in many English law–based jurisdictions could be a barrister or a solicitor. However, ...
in December 1976. He took silk in South Africa in 1989 and additionally joined the Johannesburg Bar in 1994. At the same time, he was called to the Bar of England and Wales in 1994, and in February 2017, he was named as Queen's Counsel by Elizabeth II. He has been a full tenant at
Brick Court Chambers Brick Court Chambers is a set of barristers' chambers in London. It specialises in Commercial, EU, Competition and Public Law work. Brick Court Chambers was founded in 1921 by William Jowitt KC, later Lord Chancellor. Its rise to prominence was ...
in London since January 2014, after several years as a door tenant there.


Notable briefs

Gauntlett has frequently acted for South African state agencies in high-profile matters, including President
Jacob Zuma Jacob Gedleyihlekisa Zuma (; born 12 April 1942) is a South African politician who served as the fourth president of South Africa from 2009 to 2018. He is also referred to by his initials JZ and clan name Msholozi, and was a former anti-aparth ...
in '' Economic Freedom Fighters v Speaker of the National Assembly'' (on the Nkandla saga), the state in ''Minister of Justice and Constitutional Development v Southern African Litigation Centre'' (on South Africa's obligation to arrest Omar al-Bashir under the Rome Statute), the South African Police Service in '' National Commissioner of the South African Police Service v Southern African Human Rights Litigation Centre'' (on universal jurisdiction), the South African Reserve Bank in ''South African Reserve Bank and Another v Shuttleworth'' ( Mark Shuttleworth's challenge to exchange control regulations), the KwaZulu-Natal government in '' Abahlali BaseMjondolo Movement v Premier of KwaZulu-Natal'' ( Abahlali baseMjondolo's challenge to the KwaZulu-Natal Slums Act), Eskom in ''National Energy Regulator of South Africa v Borbet, Eskom v Borbet'' (on energy tariffs), and the
South African Human Rights Commission The South African Human Rights Commission (SAHRC) was inaugurated in October 1995 as an independent chapter nine institution. It draws its mandate from the South African Constitution by way of the Human Rights Commission Act of 1994. Commissioner ...
in ''Semenya v Switzerland'' ( Caster Semenya's appeal to the European Court of Human Rights). His non-state clients in South Africa have included
Solidarity ''Solidarity'' is an awareness of shared interests, objectives, standards, and sympathies creating a psychological sense of unity of groups or classes. It is based on class collaboration.''Merriam Webster'', http://www.merriam-webster.com/dictio ...
, in ''Solidarity v Department of Correctional Services'' in the Constitutional Court; the '' Mail & Guardian'', in ''President v M&G Media'', a
right to information The Right to Information (RTI) is an act of the Parliament of India which sets out the rules and procedures regarding citizens' right to information. It replaced the former Freedom of information act of 2002 (India), Freedom of Information Act ...
matter in the Supreme Court of Appeal; and Schabir Shaik in his corruption trial.


Other activities

Gauntlett was a sessional judge of appeal in the Lesotho Court of Appeal between March 1997 and December 2010, and he was an acting judge in the High Court of South Africa on several occasions from 1991 onwards. After two terms as president of the Cape Bar, from 1997 to 1999, he was elected as chairman of the General Council of the Bar of South Africa in July 1999; he held the latter position until 2002. He was also a commissioner of the South African Law Reform Commission between 1996 and 2006.


Judicial nominations in South Africa

On several occasions, Gauntlett was interviewed unsuccessfully by the Judicial Service Commission as a candidate for permanent judicial appointment in South Africa. In September 2009, he was interviewed for possible appointment to one of four vacancies on the Constitutional Court, nominated by
Sydney Kentridge Sir Sydney Woolf Kentridge (born 5 November 1922) is a South African-born lawyer, judge and member of the Bar of England and Wales. He practised law in South Africa and the United Kingdom from the 1940s until his retirement in 2013. In South Af ...
and Gerald Friedman, but the Judicial Service Commission did not recommend him for appointment. The following year, in April 2010, he was shortlisted for permanent appointment to the
Western Cape High Court The Western Cape Division of the High Court of South Africa (previously named the Cape Provincial Division and the Western Cape High Court, and commonly known as the Cape High Court) is a superior court of law with general jurisdiction over th ...
. Dring his interview with the Judicial Service Commission, he was asked by commissioner
Fatima Chohan Fatima Ismail Chohan (formerly known as Fatima Chohan-Kota) is a South African politician and activist who is currently deputy chair of the South African Human Rights Commission. A member of the African National Congress (ANC), Chohan was former ...
about his relationship with Western Cape Judge President
John Hlophe Yahya John Mandlakayise Hlophe (born 1 January 1959 in Stanger, KwaZulu-Natal) is Judge President of the Western Cape Division of the High Court of South Africa. Background and career Born in Stanger, Natal, he was educated at the Universi ...
, with whom he had publicly clashed. After the interview, the Judicial Service Commission did not recommend him for appointment; several observers objected to his exclusion, including
Wim Trengove Wim Trengove SC is a South African advocate best known for his role in the development of South African Constitutional jurisprudence and his involvement in high-profile political cases. Career Wim Trengove has litigated many of South Africa' ...
, who said it was "inexplicable". In October 2012, Gauntlett was shortlisted for the Western Cape High Court for a final time, this time as one of eight candidates for five vacancies; but the Judicial Service Commission again declined to recommend him for appointment. The ''Mail & Guardian'' suggested that the commission was concerned about Gauntlett's "abrasive" temperament, and the commission itself ultimately wrote to retired justice
Louis Harms Georg Ludwig Detlef Theodor Harms (baptised as Ludwig, but called Louis during his life) (1808–1865) was a German Lutheran pastor who was nicknamed the "Reviver of the Heath" (''Erwecker der Heide''). One of the most significant Christian reviv ...
, who had nominated Gauntlett, to explain its concerns about his "humility" and temperament. In addition,
Pierre de Vos Pierre Francois de Vos (born 29 June 1963) is a South African constitutional law scholar. Early life De Vos was born in Messina, Transvaal, (now Musina, Limpopo) and matriculated from Pietersburg High School in Pietersburg (now known as Polok ...
suggested that, though "brilliant", Gauntlett was unsuitable because of his "conservative legal philosophy" and " formalistic methods of interpretation"; Gauntlett rejected that characterisation. Shortly afterwards, in November 2012, Gauntlett emerged as a potential candidate to replace Zak Yacoob on the bench of the Constitutional Court. He was nominated by over 60 people, including Mamphela Ramphele, Sydney Kentridge, opposition leaders Helen Zille and
Mangosuthu Buthelezi Prince Mangosuthu Gatsha Buthelezi (born 27 August 1928) is a South African politician and Zulu traditional leader who is currently a Member of Parliament and the traditional prime minister to the Zulu royal family. He was Chief Minister of the ...
, and 47 legal academics. He was interviewed in February 2013 as one of five candidates for the vacant seat. However, after a fractious interview, the Judicial Service Commission recommended all the candidates but Gauntlett as suitable for appointment.


Personal life

Gauntlett is married to Tessa Finlay and has three daughters.


References


External links


Jeremy Gauntlett SC
at Cape Bar
Jeremy Gauntlett KC
at Brick Court Chambers
"So many questions: Jeremy Gauntlett"
in the ''
Sunday Times ''The Sunday Times'' is a British newspaper whose circulation makes it the largest in Britain's quality press market category. It was founded in 1821 as ''The New Observer''. It is published by Times Newspapers Ltd, a subsidiary of News UK, whi ...
'' (2012) {{DEFAULTSORT:Gauntlett, Jeremy 1950 births Living people 20th-century South African lawyers 21st-century South African lawyers 21st-century King's Counsel Stellenbosch University alumni Alumni of New College, Oxford People from Harare Rhodesian people South African Senior Counsel South African Queen's Counsel South African Rhodes Scholars South African judges on the courts of Lesotho Members of the Middle Temple