“We, the judges mentioned below, felt the need to release this joint statement.
In delivering his tribute to late Supreme Court of Appeal judges KK Mthiyane and G Hoexter on August 15 2024, attorney Krish Govender, a distinguished lawyer from the days of the struggle against apartheid, said, among other things, the following on behalf of the National Association of Democratic Lawyers, a body with impeccable struggle credentials:
‘KK will always be remembered for the respect he displayed to all, especially the courts and judicial officers in the many different areas of our country during the dark days of resistance, despite the hardships and treatment he had to endure ... The legacy of a kind and softly spoken KK will never be forgotten, especially in the light of the proliferation of disrespect shown by some legal practitioners towards the courts and the judiciary at all levels.
‘It is difficult to identify good role models for younger legal practitioners in these troubled times when some of the “populist”, well paid and seemingly prominent legal practitioners appear to play to the gallery of the poorly informed public and ill-advised clients. All this is done with scant regard for respect for the rule of law and the independence and strengthening of our judiciary.
In conclusion, the lofty legacies of both judges Mthiyane and Hoexter behove us to stand firm against such rudeness and disrespect for our judges, courts and legal system, as displayed by a growing minority of legal practitioners. Failure to do so will lead to the ultimate undermining of our young constitutional democracy, which was built on total sacrifice and struggles for justice by the masses of the people and respected leaders, both women and men.’
We expect all judicial officers to show respect to all practitioners appearing before them. Mutual respect among legal practitioners themselves is also important, because in truth they do not address each other, but the court
— Krish Govender, National Association of Democratic Lawyers
While it is not for us to judge anybody, this statement must be considered with reference to some of the events that have unfolded publicly before some of our courts. It must be of concern to all of us. We plead for respect by all practitioners for all judicial officers in court. In a constitutional state, the rule of law demands nothing less.
Similarly, we expect all judicial officers to show respect to all practitioners appearing before them. Mutual respect among legal practitioners themselves is also important, because in truth they do not address each other, but the court. Courts are meant to be a peaceful and civil mechanism for the resolution of even the sharpest of disputes. We cannot afford to have that role compromised, otherwise anarchy would prevail.
It is emphasised that we are speaking in our personal capacity and do not purport to speak on behalf of the South African judiciary.”
• Judge BM Ngoepe, retired judge president, Gauteng High Court
• Judge MM Leeuw, retired judge president, North West High Court
• Judge MF Legodi, retired judge president, Mpumalanga High Court
• Judge BH Mbha, retired judge of the SCA
• Judge PM Mojapelo, retired deputy judge president, Gauteng High Court
• Judge P Boruchowitz, retired judge, Gauteng High Court
• Judge MP Tsoka, retired judge, Gauteng High Court
• Judge NM Mavundla, retired judge, Gauteng High Court
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