Arthur Chaskalson
Encyclopedia
Arthur Chaskalson, is a former President of the Constitutional Court of South Africa
(1994–2001) and Chief Justice of South Africa
(2001–2005). Born in Johannesburg, Chaskalson graduated from the University of the Witwatersrand
with a BCom (1952) and LLB Cum Laude (1954).
, Joel Joffe, Harry Schwarz
and George Bizos
, was part of the former President Nelson Mandela
's defence team in the Rivonia Trial
, which saw Mandela sentenced to life imprisonment. He later left a very successful legal practice to become a human rights lawyer, helping to establish the Legal Resources Centre
, a non-profit organisation seeking to use the law to pursue justice and human rights around South Africa. Chaskalson served as the centre's director from 1978 until 1993, and was leading counsel in a number of cases which challenged the implementation of apartheid laws. He was a formidable opponent of the apartheid government in Court, with a soft voice but commanding presence.
As the first president of South Africa's new Constitutional Court in 1994, and then later Chief Justice of the same court (following a Constitutional amendment act in 2001 which changed his title), Chaskalson gained a reputation as one of South Africa's leading jurists in constitutional and human rights issues. Chaskalson was a member of the technical committee on constitutional issues appointed by the multi-party negotiating forum in May 1993, acting as a key advisor on the adoption of the Interim Constitution of South Africa in 1993, and was regarded as one of the prime movers of a changing judiciary in South Africa during his time on the bench of the Constitutional Court.
More recently, Chaskalson has also become prominent internationally, becoming commissioner of the International Commission of Jurists
in 1995 before being selected as one of South Africa's four members on the United Nations
Permanent Court of Arbitration
in 1999. In 2001 Chaskalson was appointed by the United Nations as a judge for the International Criminal Tribunal for the Former Yugoslavia
.
On 31 May 2005, Chaskalson retired from his role as Chief Justice, and was replaced by his former deputy Pius Langa
. In his 2005 State of the Nation speech and shortly before Chaskalson's retirement, South African President Thabo Mbeki
praised the Chief Justice as a "great son of our people" and a "giant among the architects of our democracy". As a gesture of gratitude, Mbeki paid tribute to Chaskalson for everything he had done "as a South African, a lawyer and a judge, to shepherd us towards the construction of a South Africa that truly belongs to all who live in it".
Constitutional Court of South Africa
The Constitutional Court of South Africa was established in 1994 by South Africa's first democratic constitution: the Interim Constitution of 1993. In terms of the 1996 Constitution the Constitutional Court established in 1994 continues to hold office. The court began its first sessions in February...
(1994–2001) and Chief Justice of South Africa
South Africa
The Republic of South Africa is a country in southern Africa. Located at the southern tip of Africa, it is divided into nine provinces, with of coastline on the Atlantic and Indian oceans...
(2001–2005). Born in Johannesburg, Chaskalson graduated from the University of the Witwatersrand
University of the Witwatersrand
The University of the Witwatersrand, Johannesburg is a South African university situated in the northern areas of central Johannesburg. It is more commonly known as Wits University...
with a BCom (1952) and LLB Cum Laude (1954).
Career
In 1963, Chaskalson, along with Bram FischerBram Fischer
Abram Louis Fischer, commonly known as Bram Fischer, was a South African lawyer of Afrikaner descent, notable for anti-apartheid activism and for the legal defence of anti-apartheid figures, including Nelson Mandela at the Rivonia Trial.-Tributes:Fischer is widely acknowledged as a key figure in...
, Joel Joffe, Harry Schwarz
Harry Schwarz
Harry Heinz Schwarz was a South African lawyer, statesman and long-time political opposition leader against apartheid, who eventually served as the South African ambassador to the United States during the country’s transition to representative democracy.Schwarz rose from the childhood poverty he...
and George Bizos
George Bizos
George Bizos is a distinguished human rights advocate who campaigned against apartheid in South Africa, most notably during the Rivonia Trial.-Early life:...
, was part of the former President Nelson Mandela
Nelson Mandela
Nelson Rolihlahla Mandela served as President of South Africa from 1994 to 1999, and was the first South African president to be elected in a fully representative democratic election. Before his presidency, Mandela was an anti-apartheid activist, and the leader of Umkhonto we Sizwe, the armed wing...
's defence team in the Rivonia Trial
Rivonia Trial
The Rivonia Trial was a trial that took place in South Africa between 1963 and 1964, in which ten leaders of the African National Congress were tried for 221 acts of sabotage designed to overthrow the apartheid system.-Origins:...
, which saw Mandela sentenced to life imprisonment. He later left a very successful legal practice to become a human rights lawyer, helping to establish the Legal Resources Centre
Legal Resources Centre
The Legal Resources Centre is a human rights organisation based in South Africa with offices in Johannesburg , Cape Town, Durban and Grahamstown...
, a non-profit organisation seeking to use the law to pursue justice and human rights around South Africa. Chaskalson served as the centre's director from 1978 until 1993, and was leading counsel in a number of cases which challenged the implementation of apartheid laws. He was a formidable opponent of the apartheid government in Court, with a soft voice but commanding presence.
As the first president of South Africa's new Constitutional Court in 1994, and then later Chief Justice of the same court (following a Constitutional amendment act in 2001 which changed his title), Chaskalson gained a reputation as one of South Africa's leading jurists in constitutional and human rights issues. Chaskalson was a member of the technical committee on constitutional issues appointed by the multi-party negotiating forum in May 1993, acting as a key advisor on the adoption of the Interim Constitution of South Africa in 1993, and was regarded as one of the prime movers of a changing judiciary in South Africa during his time on the bench of the Constitutional Court.
More recently, Chaskalson has also become prominent internationally, becoming commissioner of the International Commission of Jurists
International Commission of Jurists
The International Commission of Jurists is an international human rights non-governmental organization. The Commission itself is a standing group of 60 eminent jurists , including members of the senior judiciary in Australia, Canada, and South Africa and the former UN High Commissioner for Human...
in 1995 before being selected as one of South Africa's four members on the United Nations
United Nations
The United Nations is an international organization whose stated aims are facilitating cooperation in international law, international security, economic development, social progress, human rights, and achievement of world peace...
Permanent Court of Arbitration
Permanent Court of Arbitration
The Permanent Court of Arbitration , is an international organization based in The Hague in the Netherlands.-History:The court was established in 1899 as one of the acts of the first Hague Peace Conference, which makes it the oldest institution for international dispute resolution.The creation of...
in 1999. In 2001 Chaskalson was appointed by the United Nations as a judge for the International Criminal Tribunal for the Former Yugoslavia
International Criminal Tribunal for the former Yugoslavia
The International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia since 1991, more commonly referred to as the International Criminal Tribunal for the former Yugoslavia or ICTY, is a...
.
On 31 May 2005, Chaskalson retired from his role as Chief Justice, and was replaced by his former deputy Pius Langa
Pius Langa
Pius Nkonzo Langa was previously Chief Justice of the Constitutional Court of South Africa. He was appointed to the bench in 1994 by Nelson Mandela, became Deputy Chief Justice in 2001 and was elevated as Chief Justice in 2005 by Thabo Mbeki. He retired in October 2009.-External links:**...
. In his 2005 State of the Nation speech and shortly before Chaskalson's retirement, South African President Thabo Mbeki
Thabo Mbeki
Thabo Mvuyelwa Mbeki is a South African politician who served two terms as the second post-apartheid President of South Africa from 14 June 1999 to 24 September 2008. He is also the brother of Moeletsi Mbeki...
praised the Chief Justice as a "great son of our people" and a "giant among the architects of our democracy". As a gesture of gratitude, Mbeki paid tribute to Chaskalson for everything he had done "as a South African, a lawyer and a judge, to shepherd us towards the construction of a South Africa that truly belongs to all who live in it".