Johnathan Paoli
THE African National Congress (ANC) has joined the judiciary, the legal fraternity and all South Africans in mourning the passing of former Constitutional Court Justice Yvonne Mokgoro after a protracted struggle with injuries she sustained in a car accident last year.
Mokgoro’s family confirmed her passing on Thursday at the age of 73, and thanked members of the country for their support during the family’s time of mourning.
ANC national spokesperson Mahlengi Bhengu-Motsiri said Justice Mokgoro represented the country’s commitment to transformation, women empowerment and a judiciary that is reflective of the values of the constitution and imperatives of inclusivity, non-sexism, gender representation and meritocracy and demographics of South Africa.
“A legal and intellectual giant who dispensed the law without fear and prejudice, interpreting it in accordance with the letter and spirit of the Constitution she was a champion of human rights, protecting the vulnerable by ensuring their dignity,” Bhengu-Motsiri said.
Bhengu-Motsiri praised Mokgoro for her leading role in building the Constitutional Court into a powerful institution, insulating it from external influence by maintaining its independence.
The ANC, she said, as an organisation that prided itself in the respect for the rule of law and independence of the judiciary as the cornerstone of democracy, the party has dipped its flag in mourning and sent condolences to the Mokgoro family, as well as her colleagues and all South Africans.
In 1994, Justice Mokgoro made history as the first Black woman judge in South Africa after President Nelson Mandela made her appointment.
She was a member of the first Constitutional Court bench and played crucial roles in the legal fraternity even after her retirement in 2009.
One of her key highlights was the 1995 landmark judgement of the State v Makwanyane where the country’s Apex Court found the death penalty unconstitutional and offensive against human rights.
She chaired the South African Law Reform Commission and served on the benches in both Lesotho and Namibia, as well as being a member of the International Council of Arbitration for Sport, chaired the United Nations Internal Justice Council, and took on the significant responsibility of Chairperson of the International Expert Mechanism to Advance Racial Justice and Equality in Law.
Judiciary monitoring body – Judges Matter – has expressed its sadness at the passing of it termed a “trailblazer” who paved the way for Black women in law.
Judges Matter legal researcher and advocacy officer Mbekezeli Benjamin extended his condolences and said her contribution to the country would never be forgotten.
“She was an inspiration to many in South Africa, particularly to women lawyers, and she devoted a lot of her time to inspiring young people to become human rights lawyers,” Benjamin said.
The Pan Africanist Congress of Azania (PAC) also paid homage to Justice Mokgoro and sent condolences to her family, with spokesperson Jacki Seroke saying that she illustrated a shining light in the history of the country.
“Her journey in law, sparked by her interaction with PAC founding President Robert Sobukwe, stands as a testament to her resilience and commitment to justice. May her legacy continue to inspire generations to come,” Seroke said.
Her son Ithateng Mokgoro expressed the family’s sentiments at her loss.
“Our family and the country at large, has lost a principled servant whose commitment to justice will continue to shape our society. We remain grateful to all those who gave her support over the past difficult months, and we ask them to continue to hold the family in their thoughts and prayers,” Mokgoro said.
Details of the funeral arrangements are still to be determined and communicated.
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