Chief Justice of South Africa
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The Chief Justice of South Africa is the most senior judge of the
Constitutional Court A constitutional court is a high court that deals primarily with constitutional law. Its main authority is to rule on whether laws that are challenged are in fact unconstitutional, i.e. whether they conflict with constitutionally established ...
and head of the judiciary of
South Africa South Africa, officially the Republic of South Africa (RSA), is the southernmost country in Africa. It is bounded to the south by of coastline that stretch along the South Atlantic and Indian Oceans; to the north by the neighbouring countri ...
, who exercises final authority over the functioning and management of all the courts. The position of Chief Justice was created upon the formation of the
Union of South Africa The Union of South Africa ( nl, Unie van Zuid-Afrika; af, Unie van Suid-Afrika; ) was the historical predecessor to the present-day Republic of South Africa. It came into existence on 31 May 1910 with the unification of the Cape, Natal, Trans ...
in 1910, with the Chief Justice of the Cape Colony, Sir (John) Henry de Villiers (later created The 1st Baron de Villiers), being appointed the first Chief Justice of the newly created Appellate Division of the
Supreme Court of South Africa The Supreme Court of South Africa was a superior court of law in South Africa from 1910 to 1997. It was made up of various provincial and local divisions with jurisdiction over specific geographical areas, and an Appellate Division which was t ...
. Until 1961, the Chief Justice held a
dormant commission A dormant commission is a commission in a Commonwealth realm that lies dormant or sleeping until it is triggered by a particular event. Historically, a dormant commission was given in relation to a military command. During the Crimean War, Sir ...
as
Officer Administering the Government An administrator (administrator of the government or officer administering the government) in the constitutional practice of some countries in the Commonwealth is a person who fulfils a role similar to that of a governor or a governor-general. ...
, meaning that if the
Governor-General Governor-general (plural ''governors-general''), or governor general (plural ''governors general''), is the title of an office-holder. In the context of governors-general and former British colonies, governors-general are appointed as viceroy t ...
died or was incapacitated the Chief Justice would exercise the powers and duties of the Governor-General. This commission was invoked in 1943 under N.J. de Wet, and in 1959 and 1961 under L.C. Steyn.


History and creation of the post

The position of Chief Justice as it stands today was created in 2001 by the
Sixth Amendment of the Constitution of South Africa The Sixth Amendment of the Constitution of South Africa made a number of changes, most importantly giving the title of " Chief Justice" to the head of the Constitutional Court instead of the head of the Supreme Court of Appeal. It was passed by th ...
, as an amalgamation of two previous high-ranking judicial positions of Chief Justice and President of the
Constitutional Court A constitutional court is a high court that deals primarily with constitutional law. Its main authority is to rule on whether laws that are challenged are in fact unconstitutional, i.e. whether they conflict with constitutionally established ...
. The Chief Justice therefore now presides over the Constitutional Court. The position of the presiding judge of the
Supreme Court of Appeal of South Africa The Supreme Court of Appeal (SCA), formerly known as the Appellate Division, is an appellate court in South Africa. It is located in Bloemfontein, the "judicial capital" of South Africa. History On the creation of the Union of South Africa f ...
, the successor court to the Appellate Division, was as a consequence renamed
President of the Supreme Court of Appeal President most commonly refers to: *President (corporate title) *President (education), a leader of a college or university * President (government title) President may also refer to: Automobiles * Nissan President, a 1966–2010 Japanese fu ...
.


Chief Justice in a new era

At the time of South Africa's democratisation in the early 1990s, the position of Chief Justice was held by
University of Cambridge , mottoeng = Literal: From here, light and sacred draughts. Non literal: From this place, we gain enlightenment and precious knowledge. , established = , other_name = The Chancellor, Masters and Schola ...
graduate and
Second World War World War II or the Second World War, often abbreviated as WWII or WW2, was a world war that lasted from 1939 to 1945. It involved the vast majority of the world's countries—including all of the great powers—forming two opposin ...
veteran Michael Corbett. Corbett took office in 1989, succeeding Chief Justice P.J. Rabie, who had been scheduled to retire in 1986 at the statutory retirement age of 70, but had had his tenure in office extended on an ''
ad hoc Ad hoc is a Latin phrase meaning literally 'to this'. In English, it typically signifies a solution for a specific purpose, problem, or task rather than a generalized solution adaptable to collateral instances. (Compare with ''a priori''.) Com ...
'' basis by
State President The State President of the Republic of South Africa ( af, Staatspresident) was the head of state of South Africa from 1961 to 1994. The office was established when the country became a republic on 31 May 1961, albeit, outside the Commonweal ...
P.W. Botha. However, with the fall of
Apartheid Apartheid (, especially South African English: , ; , "aparthood") was a system of institutionalised racial segregation that existed in South Africa and South West Africa (now Namibia) from 1948 to the early 1990s. Apartheid was ...
imminent, the progressively-minded Corbett was eventually handed the job of Chief Justice in 1989. Although appointed by the National Party government, Corbett was generally well liked by those in South Africa's new
African National Congress The African National Congress (ANC) is a Social democracy, social-democratic political party in Republic of South Africa, South Africa. A liberation movement known for its opposition to apartheid, it has governed the country since 1994, when ...
(ANC)-led government, and upon his retirement in 1996 was given a formal state banquet where President Mandela paid tribute to the Chief Justice's "passion for justice", "sensitivity to racial discrimination", "intellectual rigour" and "clarity of thought". The first Chief Justice to be appointed in post-apartheid South Africa was
Ismail Mahomed Ismail Mahomed SCOB SC (5 July 1931 – 17 June 2000) was a South African lawyer who served as the Chief Justice of South Africa and the Chief Justice of Namibia, and co-authored the constitution of Namibia. Early life Mahomed was born in Pr ...
, a leading South African jurist of
Indian Indian or Indians may refer to: Peoples South Asia * Indian people, people of Indian nationality, or people who have an Indian ancestor ** Non-resident Indian, a citizen of India who has temporarily emigrated to another country * South Asia ...
descent, who was selected to succeed Corbett in 1997 and eventually took office in 1998. Mahomed held the position until his death in 2000. Under South Africa's
Interim Constitution A provisional constitution, interim constitution or transitional constitution is a constitution intended to serve during a transitional period until a permanent constitution is adopted. The following countries currently have,had in the past,such a c ...
of 1993 and later the Final Constitution, the importance of the position of Chief Justice as the position of final judicial authority was temporarily relegated beneath that of the President of the newly created Constitutional Court. Ismail Mohammed had been tipped widely for the job of Constitutional Court President but in 1994, President
Nelson Mandela Nelson Rolihlahla Mandela (; ; 18 July 1918 – 5 December 2013) was a South African Internal resistance to apartheid, anti-apartheid activist who served as the President of South Africa, first president of South Africa from 1994 to 1 ...
appointed leading human rights lawyer and director of the Legal Resources Centre
Arthur Chaskalson Arthur Chaskalson Order of the Baobab, SCOB, (24 November 1931 – 1 December 2012) was President of the Constitutional Court of South Africa from 1994 to 2001 and Chief Justice of South Africa from 2001 to 2005. Chaskalson was a member of the ...
to the position. In 2001, after Mohammed's death and, consequently, with the position of Chief Justice vacant, the
Sixth Amendment of the Constitution of South Africa The Sixth Amendment of the Constitution of South Africa made a number of changes, most importantly giving the title of " Chief Justice" to the head of the Constitutional Court instead of the head of the Supreme Court of Appeal. It was passed by th ...
fused the positions of Chief Justice and President of the Constitutional Court into one single job of Chief Justice. Chaskalson was subsequently appointed to the new post, although his tasks remained effectively the same.


Chief justices of Cape Colony

Source: *1812– Sir Johannes Andries Truter (''Vice-Admiralty Court'') *1827–1855 Sir
John Wylde Sir John Wylde (or Wilde; 11 May 1781 – 13 December 1859) was Chief Justice of the Cape Colony, Cape of Good Hope and a judge of the Supreme Court of the colony of New South Wales born at Warwick Square, Newgate Street, London. Member o ...
''*1828 Supreme Court established'' *1855–1858 Sir
Sidney Smith Bell Sidney may refer to: People * Sidney (surname), English surname * Sidney (given name), including a list of people with the given name * Sidney (footballer, born 1972), full name Sidney da Silva Souza, Brazilian football defensive midfielder * ...
(acting) *1858–1868 Sir
William Hodges William Hodges RA (28 October 1744 – 6 March 1797) was an English painter. He was a member of James Cook's second voyage to the Pacific Ocean and is best known for the sketches and paintings of locations he visited on that voyage, inclu ...
*1868–1874 Sir Sidney Smith Bell *1874–1910
John de Villiers, 1st Baron de Villiers John Henry de Villiers, 1st Baron de Villiers (15 June 1842 – 2 September 1914) was a Cape lawyer and judge. He was Attorney-General in the Molteno Government, Chief Justice for the Cape Colony, and later the first Chief Justice for the Un ...


Chief justices of Natal (1856–1910)

* 1858–1874
Walter Harding Walter Harding (1917–1996) was a distinguished professor of English at the State University of New York at Geneseo and internationally recognized scholar of the life and work of Henry David Thoreau. Harding was born in Bridgewater, Massachusetts ...
* 1874–1890 Sir Henry Connor * 1890–1901 Michael Henry Gallwey * 1901–1910 Sir
Henry Bale Henry may refer to: People * Henry (given name) * Henry (surname) * Henry Lau, Canadian singer and musician who performs under the mononym Henry Royalty * Portuguese royalty ** King-Cardinal Henry, King of Portugal ** Henry, Count of Portuga ...
(died 1910)


Chief justices of Orange Free State (1875–1919)

* 1874–1888
Francis William Reitz Francis William Reitz, Jr. (Swellendam, 5 October 1844 – Cape Town, 27 March 1934) was a South African lawyer, politician, statesman, publicist, and poet who was a member of parliament of the Cape Colony, Chief Justice and fifth State Presi ...
* 1889–1900 Melius de Villiers * 1902–1919 Sir Andries Maasdorp (Orange River Colony)


Chief justices of Transvaal (1877-1910)

* 1881–
John Gilbert Kotzé Sir John Gilbert Kotzé KC (5 November 1849 – 1 April 1940) was an eminent South African jurist. Early life Kotzé was born in Cape Town and was given the Christian names of Johannes Gysbert Blanckenberg, but he used the anglicized form, ...
* 1898– Reinhold Gregorowsky * 1902–1910
James Rose Innes Sir James Rose Innes (8 January 1855 – 16 January 1942) was the Chief Justice of South Africa from 1914 to 1927 and, in the view of many, its greatest ever judge. Before becoming a judge he was a member of the Cape Parliament, the Cape Colo ...
(Transvaal Colony)


Chief justices of South Africa

#1910–1914 The 1st Baron de Villiers #1914–1927 Sir James Rose Innes #1927–1929 Sir William Henry Solomon #1929–1932 Jacob de Villiers #1932–1936 Sir John Wessels #1936–1938 John Stephen Curlewis #1938–1939 James Stratford #1939–1943
Nicolaas Jacobus de Wet Nicolaas Jacobus de Wet, PC, QC (11 September 1873 – 16 March 1960) was a South African politician, lawyer, and judge who was Chief Justice of South Africa and acting Governor-General from 1943 to 1945. Early life De Wet was born and went t ...
#1943–1950
Ernest Frederick Watermeyer Ernest Frederick Watermeyer, PC, QC (12 October 1880 – 18 January 1958), was the Chief Justice of South Africa from 1943 to 1950. Watermeyer was born in Graaff-Reinet in 1880. He was educated at Stellenbosch Gymnasium, Bath College and Gonv ...
#1950–1957
Albert van der Sandt Centlivres Albert van der Sandt Centlivres (13 January 1887 – 19 September 1966), was the Chief Justice of South Africa from 1950 to 1957. Biography Centlivres was born in Newlands, Cape Town, the son of Frederick James Centlivres and Albertina de V ...
#1957–1959
Henry Allan Fagan Henry Allan Fagan, KC (4 April 1889 – 6 December 1963) was the Chief Justice of South Africa from 1957 to 1959 and previously a Member of Parliament and the Minister of Native Affairs in J. B. M. Hertzog's government. Fagan had been an early ...
#1959–1971
Lucas Cornelius Steyn Lucas Cornelius Steyn, PC, QC (21 December 1903 – 28 July 1976) was Chief Justice of South Africa and, as such, acted as Governor-General on two occasions. Early life Steyn was born in 1903 on a farm in the Orange River Colony, shortly af ...
#1971–1974
Newton Ogilvie Thompson Newton Ogilvie Thompson (27 May 1904, Kentani, Cape Colony - 1 July 1992, Kenilworth, Cape Town) was a South African jurist who served as the 13th Chief Justice of South Africa, from 1971 to 1974. Early life and education Thompson was born i ...
#1974–1982
Frans Lourens Herman Rumpff Frans Lourens Herman Rumpff, (5 June 1912 – 4 April 1992) was the Chief Justice of South Africa from 1974 to 1982. Early life and education Born in Standerton, Transvaal, Rumpff was educated at the University of Pretoria, where he obtained ...
#1982–1989
Pieter Jacobus Rabie Pieter Jacobus "Pierre" Rabie (1917–1997) was a senior South African judge during the apartheid era, and its Chief Justice from 1982 to 1989. Early life and education Born in the Free State in 1917, Rabie matriculated at Koffiefontein in 193 ...
#1989–1996 Michael Corbett #1998–2000
Ismail Mahomed Ismail Mahomed SCOB SC (5 July 1931 – 17 June 2000) was a South African lawyer who served as the Chief Justice of South Africa and the Chief Justice of Namibia, and co-authored the constitution of Namibia. Early life Mahomed was born in Pr ...
#2001–2005
Arthur Chaskalson Arthur Chaskalson Order of the Baobab, SCOB, (24 November 1931 – 1 December 2012) was President of the Constitutional Court of South Africa from 1994 to 2001 and Chief Justice of South Africa from 2001 to 2005. Chaskalson was a member of the ...
#2005–2009
Pius Langa Pius Nkonzo Langa Order of the Baobab, SCOB (25 March 1939 – 24 July 2013) was Chief Justice of South Africa, serving on the Constitutional Court of South Africa, Constitutional Court. He was appointed to the bench in 1994 by Nelson Mandela, h ...
#2009–2011
Sandile Ngcobo Sandile Ngcobo (born 1 March 1953) is former justice in the Constitutional Court of South Africa. He served as Chief Justice from 2009 to 2011. In 2017, the Southern African Public Law journal published a special issue in volume 32 of the jou ...
#2011–2021
Mogoeng Mogoeng Mogoeng Thomas Reetsang Mogoeng (born 14 January 1961) 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. Early life Mogoeng was born on 14 January 1961 in ...
#2022–
Ray Zondo Raymond Mnyamezeli Mlungisi "Ray" Zondo (born 4 May 1960) is a South African judge who is currently serving as Chief Justice of South Africa since 2022. President Cyril Ramaphosa appointed Zondo as South Africa's new chief justice with effect f ...


See also

*
Constitutional Court of South Africa The Constitutional Court of South Africa is a supreme court, supreme constitutional court established by the Constitution of South Africa, and is the apex court in the South African judicial system, with general jurisdiction. The Court was fi ...
*
Constitution of South Africa The Constitution of South Africa is the supreme law of the Republic of South Africa. It provides the legal foundation for the existence of the republic, it sets out the rights and duties of its citizens, and defines the structure of the Govern ...


References


External links


Office of the Chief Justice
{{British dependencies chief justices, state=collapsed Judiciary of South Africa Constitutional Court of South Africa South Africa and the Commonwealth of Nations