Dikgang Moseneke
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Dikgang Ernest Moseneke (born 20 December 1947) is a South African judge and former Deputy Chief Justice 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 ...
.


Biography

Moseneke was born in
Pretoria Pretoria () is South Africa's administrative capital, serving as the seat of the Executive (government), executive branch of government, and as the host to all foreign embassies to South Africa. Pretoria straddles the Apies River and extends ...
and went to school there. He joined the
Pan-Africanist Congress The Pan Africanist Congress of Azania (known as the Pan Africanist Congress (PAC)) is a South African national liberation Pan-Africanism, Pan-Africanist movement that is now a political party. It was founded by an Africanist group, led by Rober ...
(PAC) at the age of 14."Honorary degree citation: Dikgang Moseneke"
Wits University
The following year he was arrested, detained and convicted of participating in anti-
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 ...
activity. He spent ten years as a prisoner on
Robben Island Robben Island ( af, Robbeneiland) is an island in Table Bay, 6.9 kilometres (4.3 mi) west of the coast of Bloubergstrand, north of Cape Town, South Africa. It takes its name from the Dutch word for seals (''robben''), hence the Dutch/Afrik ...
, where he met and befriended
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 ...
and other leading activists. While imprisoned he obtained a
Bachelor of Arts Bachelor of arts (BA or AB; from the Latin ', ', or ') is a bachelor's degree awarded for an undergraduate program in the arts, or, in some cases, other disciplines. A Bachelor of Arts degree course is generally completed in three or four years ...
in English and political science and a B.Iuris degree, and would later complete a
Bachelor of Laws Bachelor of Laws ( la, Legum Baccalaureus; LL.B.) is an undergraduate law degree in the United Kingdom and most common law jurisdictions. Bachelor of Laws is also the name of the law degree awarded by universities in the People's Republic of Chi ...
, all from the
University of South Africa The University of South Africa (UNISA), known colloquially as Unisa, is the largest university system in South Africa by enrollment. It attracts a third of all higher education students in South Africa. Through various colleges and affiliates, U ...
. He also served on the disciplinary committee of the prisoners' self-governed
association football Association football, more commonly known as football or soccer, is a team sport played between two teams of 11 players who primarily use their feet to propel the ball around a rectangular field called a pitch. The objective of the game is ...
body, Makana F.A. Moseneke started his professional career as an attorney's articled clerk at Klagbruns Inc in Pretoria in 1973. He was admitted as an attorney in 1976 and practised for five years at Maluleke, Seriti and Moseneke, mainly before the Company Court in liquidation matters and in criminal trials. In 1983 he was called to the Pretoria Bar. His application had sparked a dispute within the
Bar Bar or BAR may refer to: Food and drink * Bar (establishment), selling alcoholic beverages * Candy bar * Chocolate bar Science and technology * Bar (river morphology), a deposit of sediment * Bar (tropical cyclone), a layer of cloud * Bar (u ...
which culminated in its abolishing its "whites-only" membership rule. Moseneke practised as an advocate in
Johannesburg Johannesburg ( , , ; Zulu and xh, eGoli ), colloquially known as Jozi, Joburg, or "The City of Gold", is the largest city in South Africa, classified as a megacity, and is one of the 100 largest urban areas in the world. According to Demo ...
and Pretoria and was noted for his Company Law,
Bankruptcy Bankruptcy is a legal process through which people or other entities who cannot repay debts to creditors may seek relief from some or all of their debts. In most jurisdictions, bankruptcy is imposed by a court order, often initiated by the debtor ...
and
Indirect Tax An indirect tax (such as sales tax, per unit tax, value added tax (VAT), or goods and services tax (GST), excise, consumption tax, tariff) is a tax that is levied upon goods and services before they reach the customer who ultimately pays the i ...
practice and was briefed extensively by black and Asian businessmen. He was awarded
senior counsel The title of Senior Counsel or State Counsel (post-nominal letters: SC) is given to a senior lawyer in some countries that were formerly part of the British Empire. "Senior Counsel" is used in current or former Commonwealth countries or jurisdicti ...
status ten years later. Moseneke worked underground for the PAC during the 1980s and became its Deputy President when it was unbanned in 1990. Moseneke also served on the technical committee that drafted the
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. In 1994 he was appointed Deputy Chairperson of the
Independent Electoral Commission An election commission is a body charged with overseeing the implementation of electioneering process of any country. The formal names of election commissions vary from jurisdiction to jurisdiction, and may be styled an electoral commission, a c ...
, which conducted the first democratic elections in South Africa.


Judicial career

In September 1994, while practising as a silk, Moseneke accepted an acting appointment to the
Transvaal Provincial Division The Gauteng Division of the High Court of South Africa is a superior court of law which has general jurisdiction over the South African province of Gauteng and the eastern part of North West province. The main seat of the division is at Pretoria, w ...
. Between 1995 and 2001, however, Moseneke left the Bar to pursue a full-time corporate career, most famously as the chair of Telkom. In November 2001, Moseneke was appointed to the High Court in Pretoria, his hometown, by then President
Thabo Mbeki Thabo Mvuyelwa Mbeki KStJ (; born 18 June 1942) is a South African politician who was the second president of South Africa from 14 June 1999 to 24 September 2008, when he resigned at the request of his party, the African National Congress (ANC ...
. A year later, he was made a judge in the Constitutional Court and, in June 2005, became Deputy Chief Justice. On 4 November 2013, Moseneke was appointed Acting Chief Justice during the long-term leave of
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 ...
. Moseneke was regarded as one of the strongest judges on South Africa's Constitutional Court. For example, he was praised for his "towering legal mind" and "commitment to fairness and justice" and described as "a most independent-minded and imaginative jurist". Moseneke's judgments include: *''S v Thebus'', which upheld the constitutional validity of the doctrine of common purpose; *''Steenkamp NO v Provincial Tender Board'', which details the relationship between public- and private-law remedies; *''Masetlha v President'', which held National Intelligence Agency head
Billy Masetlha Billy Masetlha was the head of the South African National Intelligence Agency before being fired by South African President Thabo Mbeki in 2006. See also * National Intelligence Co-ordinating Committee * National Intelligence Agency * South Af ...
was not entitled to
procedural fairness In English law, natural justice is technical terminology for the rule against bias (''nemo iudex in causa sua'') and the right to a fair hearing (''audi alteram partem''). While the term ''natural justice'' is often retained as a general conc ...
when he was dismissed by then
President 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 ful ...
Thabo Mbeki Thabo Mvuyelwa Mbeki KStJ (; born 18 June 1942) is a South African politician who was the second president of South Africa from 14 June 1999 to 24 September 2008, when he resigned at the request of his party, the African National Congress (ANC ...
; *''National Treasury v Opposition to Urban Tolling Alliance'', where the Court refused to grant an
interim injunction The term interim order refers to an order issued by a court during the pendency of the litigation. It is generally issued by the Court to ensure Status quo. The rationale for such orders to be issued by the Courts is best explained by the Latin leg ...
to stop
Gauteng Gauteng ( ) is one of the nine provinces of South Africa. The name in Sotho-Tswana languages means 'place of gold'. Situated on the Highveld, Gauteng is the smallest province by land area in South Africa. Although Gauteng accounts for only ...
's controversial e-tolls; *''Mazibuko v Sisulu'', in which then
leader of the opposition The Leader of the Opposition is a title traditionally held by the leader of the largest political party not in government, typical in countries utilizing the parliamentary system form of government. The leader of the opposition is typically se ...
Lindiwe Mazibuko Lindiwe Mazibuko (born 9 April 1980) is a Swazi-born South African academic, former politician, musician and the former leader of the Official Opposition Democratic Alliance (DA). She was elected DA Parliamentary Leader on 27 October 2011, beat ...
succeeded in obtaining an order declaring unconstitutional the
parliamentary rules Parliamentary procedure is the accepted Procedural law, rules, ethics, and Norm (sociology), customs governing meetings of an deliberative assembly, assembly or organization. Its object is to allow orderly deliberation upon questions of interest ...
that allowed the
National Assembly In politics, a national assembly is either a unicameral legislature, the lower house of a bicameral legislature, or both houses of a bicameral legislature together. In the English language it generally means "an assembly composed of the repre ...
to stall, rather than proceed with, the
motion of no confidence A motion of no confidence, also variously called a vote of no confidence, no-confidence motion, motion of confidence, or vote of confidence, is a statement or vote about whether a person in a position of responsibility like in government or mana ...
in
President 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 ful ...
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 ...
that she had tabled; and *''Minister of Police v Premier of the Western Cape'', in which the Court found in favour of
Premier of the Western Cape The Premier of the Western Cape is the head of government of the Western Cape province of South Africa. The current Premier of the Western Cape is Alan Winde, a member of the Democratic Alliance, who was elected in the 2019 election. He took o ...
Helen Zille Otta Helene Maree (''née'' Zille ; born 9 March 1951), known as Helen Zille, is a South African politician. She has served as the Chairperson of the Federal Council of the Democratic Alliance since 20 October 2019. From 2009 until 2019, she w ...
when the
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 ...
sought to invalidate her creation of the
Khayelitsha Commission The Khayelitsha Commission, also known as the O'Regan/Pikoli Commission, was a Public inquiry, commission of inquiry appointed by Premier of the Western Cape Helen Zille to investigate allegations of police inefficiency in Khayelitsha and the break ...
. Also well-known are his two leading judgments on affirmative action, ''Minister of Finance v Van Heerden'' and ''SAPS v Barnard''. Moseneke made a significant contribution to
South African property law South African property law regulates the "rights of people in or over certain objects or things." It is concerned, in other words, with a person's ability to undertake certain actions with certain kinds of objects in accordance with South African ...
. He penned the Constitutional Court's last three majority judgments on the Restitution of Land Rights Act and decided a leading case on expropriation in 2014. The following year, in ''Shoprite v MEC, Eastern Cape'', which dealt comprehensively with the meaning of the constitutional right to property, Moseneke's judgment attracted the most concurrences. Most celebrated is Moseneke's judgment in ''Glenister v President'', co-authored with Justice
Edwin Cameron Edwin Cameron SCOB (born 15 February 1953 in Pretoria) is a retired judge who served as a Justice of the Constitutional Court of South Africa. He is well known for his HIV/AIDS and gay-rights activism and was hailed by Nelson Mandela as "one ...
, which struck down amendments to the National Prosecuting Act and South African Police Service Act on the basis that they failed to create an "adequately independent" anti-corruption unit. This was hailed as an "imaginative" and "brilliant" judgment by commentators and means South Africa must have an independent corruption-fighting agency notwithstanding the ruling
ANC The African National Congress (ANC) is a social-democratic political party in South Africa. A liberation movement known for its opposition to apartheid, it has governed the country since 1994, when the first post-apartheid election installe ...
's controversial disbanding of the
Scorpions Scorpions are predatory arachnids of the order Scorpiones. They have eight legs, and are easily recognized by a pair of grasping pincers and a narrow, segmented tail, often carried in a characteristic forward curve over the back and always end ...
. Before his judicial appointment, Moseneke had succeeded, as a litigant, in having South Africa's racially discriminatory system of estate administration declared constitutionally invalid. Moseneke is also known for his independence. At public events, he has distanced himself from
ANC The African National Congress (ANC) is a social-democratic political party in South Africa. A liberation movement known for its opposition to apartheid, it has governed the country since 1994, when the first post-apartheid election installe ...
interests, criticised the government's flouting of court orders, and decried the extensive powers afforded the
President 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 ful ...
- in each case triggering an angry response from the ruling party. Moseneke has twice been passed over for appointment as Chief Justice, despite being the most senior judge on the Court. On the second occasion, when Mogoeng was appointed, many prominent figures said Moseneke was the better candidate, and questioned the ANC's motives in snubbing him. Mogoeng was one of the Constitutional Court's most junior members, having been appointed to it less than two years earlier, and having had a relatively short judicial career at one of the smallest High Court divisions prior to that. His nomination ahead of Moseneke reminded many of the notorious supersession by L. C. Steyn, a National Party favourite, of
Oliver Schreiner Oliver Deneys Schreiner Military Cross, MC King's Counsel, KC (29 December 1890 – 27 July 1980), was a judge of the Appellate Division of the Supreme Court of South Africa. One of the most renowned South African judges, he was passed over twice ...
. Finally, whereas Moseneke had been active in the struggle against apartheid, Mogoeng had been a prosecutor in a
bantustan A Bantustan (also known as Bantu homeland, black homeland, black state or simply homeland; ) was a territory that the National Party administration of South Africa set aside for black inhabitants of South Africa and South West Africa (now N ...
. Moseneke retired from the Constitutional Court in May 2016.


Other positions and awards

Moseneke has seven
honorary doctorates An honorary degree is an academic degree for which a university (or other degree-awarding institution) has waived all of the usual requirements. It is also known by the Latin phrases ''honoris causa'' ("for the sake of the honour") or ''ad hono ...
from the
University of the North The University of Limpopo is a university in the Limpopo Province, South Africa. It was formed on 1 January 2005, by the merger of the University of the North and the Medical University of South Africa (MEDUNSA). These previous institutions for ...
,
University of Natal The University of Natal was a university in the former South African province Natal which later became KwaZulu-Natal. The University of Natal no longer exists as a distinct legal entity, as it was incorporated into the University of KwaZulu-N ...
,
University of Pretoria The University of Pretoria ( af, Universiteit van Pretoria, nso, Yunibesithi ya Pretoria) is a multi-campus public university, public research university in Pretoria, the administrative and de facto capital of South Africa. The university was ...
,
Tshwane University of Technology Tshwane University of Technology (TUT; af, Tshwane-Universiteit vir Tegnologie) is a higher education institution in South Africa that came into being through a merger of three technikons — Technikon Northern Gauteng, Technikon North-West and ...
,
University of South Africa The University of South Africa (UNISA), known colloquially as Unisa, is the largest university system in South Africa by enrollment. It attracts a third of all higher education students in South Africa. Through various colleges and affiliates, U ...
,
University of Cape Town The University of Cape Town (UCT) ( af, Universiteit van Kaapstad, xh, Yunibesithi ya yaseKapa) is a public research university in Cape Town, South Africa. Established in 1829 as the South African College, it was granted full university statu ...
and
CUNY , mottoeng = The education of free people is the hope of Mankind , budget = $3.6 billion , established = , type = Public university system , chancellor = Fél ...
. In 2006, he succeeded Justice
Richard Goldstone Richard Joseph Goldstone (born 26 October 1938) is a South African former judge. After working for 17 years as a commercial lawyer, he was appointed by the South African government to serve on the Transvaal Supreme Court from 1980 to 1989 and t ...
as Chancellor of the
University of the Witwatersrand The University of the Witwatersrand, Johannesburg (), is a multi-campus South African Public university, public research university situated in the northern areas of central Johannesburg. It is more commonly known as Wits University or Wits ( o ...
. Moseneke was also named as an
executor An executor is someone who is responsible for executing, or following through on, an assigned task or duty. The feminine form, executrix, may sometimes be used. Overview An executor is a legal term referring to a person named by the maker of a ...
of the will of Nelson Mandela, who died in late 2013. He is currently chairman of the Board of Directors of the
Johannesburg Philharmonic Orchestra The Johannesburg Philharmonic Orchestra (JPO) is Johannesburg's leading Philharmonic Orchestra. The chair of the Board of Directors is Mr Justice Dikgang Moseneke, and the CEO and Artistic Director is Bongani Tembe. Tembe was appointed in 2015. H ...
. Moseneke was the 2020 recipient of the Bolch Prize for the Rule of Law"Dikgang Moseneke, former deputy chief justice of the South African Constitutional Court, to receive 2020 Bolch Prize for the Rule of Law"
Bolch Judicial Institute press release
16 Jan 2020.
awarded by the Bolch Judicial Institute at Duke Law School.


References

{{DEFAULTSORT:Moseneke, Dikgang 1947 births Living people South African judges Judges of the Constitutional Court of South Africa People from Pretoria University of South Africa alumni Chancellors of the University of the Witwatersrand Inmates of Robben Island Members of the Order of Luthuli