The judiciary held a special ceremonial sitting for the late Justice Laurie Ackermann on 22 November 2024. The sitting was held at the Constitutional Court and was attended by his family, members of the judiciary, the legal profession and family friends. Acting Deputy Chief Justice, Judge Mbuyiseli Madlanga said he first took notice of the late Justice Ackermann when he resigned from his judgeship because his conscious could no longer allow him to continue applying Apartheid laws, this was in 1987.
Justice Madlanga added that he remembers being struck by Justice Ackermann’s resignation because within the South African judiciary there are very few heroes.
Acting Deputy Chief Justice Madlanga added that even though he was resigning from the judiciary, Justice Ackermann’s act took him to the top of the list of admirable judges. ‘We must remember that the late 1980s was the time when President PW Botha unleashed the most repressive states of emergency in the wake at which many activists had been killed, detained without trial or caused to disappear,’ Acting Deputy Chief Justice Madlanga said.
Acting Deputy Justice Madlanga pointed out that the late Justice Ackermann refused to see his act as the work of activism or one of a political activist. He added that to him his resignation was purely an act of conscience. Acting Deputy Chief Justice Madlanga quoted Justice Ackermann saying:
‘I don’t like the word judicial activism, because in certain connotations it means acting outside the law. I resigned from the bench because I regarded [that] my oath of office [w]as not something that could be fiddled with. I took an oath to uphold the law, it’s the law inter alia passed by the government. I couldn’t pretend that my oath of office was to uphold some supernatural role. I might have been wrong, but that’s my approach and I resigned because I didn’t feel that one could do any more in terms of the oath of office … [that one took]. Now, I don’t regard my action as activist, and I don’t like the word activist.’
Acting Deputy Chief Justice Madlanga said on his arrival at the Constitutional Court in 2000, the late Justice Ackermann welcomed him with open arms. ‘I was truly delighted when Justice Laurie Ackermann invited me to serve on the court’s library committee which he chaired.’ He pointed out he worked with him outside of the court’s judicial functions and that is where he saw Justice Ackermann’s passion for building the library which he treasured.
Acting Deputy Chief Justice Madlanga pointed out that in 1994 Justice Ackermann was one of only four justices who, as the interim Constitution provided, was handpicked by the late President Nelson Mandela, without the need to undergo an interview to be part of the first compliment of the Constitutional Court justices. He added that being handpicked was no small matter, but a testament to the high regard in which Justice Ackermann was held by a towering figure like the late President Mandela.
Acting Deputy Chief Justice Madlanga said Justice Ackermann’s empathy for the physical and psychological violence women suffer at the hands of men shines through some of his judgments.
‘Few things can be more important to women than freedom from the threat of sexual violence. … “Sexual violence and the threat of sexual violence goes to the core of women’s subordination in society. It is the single greatest threat to the self-determination of South African women.’
Former Constitutional Court Justice Edwin Cameron when speaking at the special sitting said that being appointed as a Justice of the Constitutional Court was the highlight of Justice Ackermann’s career. He added that Justice Ackermann practiced as an advocate in Pretoria from 1958 until 1980. He pointed out that Justice Ackermann was one of the leaders who managed to persuade the bar to revoke the long-standing shameful whites-only race exclusion.
From left: National Association of Democratic Lawyers Deputy President, Machini Motloung; Legal Practice Council Gauteng Provincial office’s, Maribolla Mphahlele; Acting Deputy Chief Justice, Mbuyiseli Madlanga; former President of the Black Lawyers Association, Mashudu Kutama; and representative of the Law Society of South Africa, Tiaan Joubert, at the Constitutional Court during the special ceremonial sitting of the late Justice Laurie Ackermann.
Messages from the legal profession
The Chairperson of the Advocates for Transformation, Myron Dewrance, said Justice Ackermann’s commitment to human dignity and equality and his advocacy for a just society has left a mark on the legal landscape in South Africa. ‘As one of the judges who was appointed to the Constitutional Court in 1994, he has played a pivotal role in shaping our post-Apartheid legal system,’ Mr Dewrance said. He added that Justice Ackermann was a passionate advocate for human rights and was especially admired for his role in developing jurisprudence in South Africa, the corner stone of our legal framework. He added that Justice Ackermann’s unwavering integrity, his deep respect for the law, and his pursuit of truth made him a beacon of hope.
Former President of the Black Lawyers Association (BLA), Mashudu Kutama, paid tribute to Justice Ackermann on behalf of his organisation. Mr Kutama said that the late Justice Ackermann had a deep sense of love for his people and did not keep quiet against injustices and oppression. Mr Kutama said the BLA learnt a simple word from the late Justice Ackermann, which is patience. He quoted Justice Ackermann when he said: ‘So the whole mechanics of sitting eleven on a bench, taught one that one had to be very, very patient because there were some of one’s colleagues who at times were a little more loquacious than others. It tried one’s patience to have to wait for quite a long time before you could get in a question. I’m not a particularly patient person! But I think leadership was very important in those early times, and I think Arthur [Chaskalson] led by example, both in his patience and in his willingness to debate differing points of view, taking the lead in it and letting everybody have a fair share in the debate.’
Mr Kutama said that the BLA expressed a deep sense of appreciation to the Constitutional Court for its patience. He added that the majority of BLA members are legal practitioners. ‘We applaud the patience exercise by this current Constitutional Court during proceedings.’ He said that the Constitutional Court continues to enhance the rule of law in South Africa patiently.
The Deputy President of the National Association of Democratic Lawyers, Machini Motloung, speaking at the sitting said that Justice Ackermann’s seminal contribution to laying the foundation of South Africa’s post-Apartheid constitutional jurisprudence is immeasurable. ‘He served with unwavering integrity, a deep commitment to the rule of law, and an unwavering belief in the fundamental principles enshrined in our Constitution,’ Mr Motloung said. He added that Justice Ackermann’s judgments were not merely legal determinations but reflections of a profound understanding of the human condition and empathic approach to justice, deeply embedded with the spirit of ubuntu that sought to balance the scales in favour of the marginalised and the voiceless.
Representative of the Law Society of South Africa, Tiaan Joubert said Justice Ackermann’s rejection of Apartheid and its oppressive institutions put him at odds with the system. He added that as President Cyril Ramaphosa noted, he was a jurist who ‘stood up against the Apartheid state from within its very judicial vestiges’. Mr Joubert added that Justice Ackermann’s courageous resignation in 1987 highlighted his unwavering commitment to justice. He pointed out that Justice Ackermann played a central role in the development of the court’s early jurisprudence on dignity and its relationship to equality and non-discrimination doctrine.
Mr Joubert added that Justice Ackermann was also renowned for his expertise in comparative constitutionalism. His judgments reflected a deep moral clarity and comparative constitutional insights. He added that Justice Ackermann’s influence extended beyond the courtroom. He chaired the Constitutional Court’s library committee, developing it into a world-class resource in and for Africa. Mr Joubert pointed out that Justice Ackermann in retirement founded the South African Institute for Advanced Constitutional, Public, Human Rights and International Law and published the seminal Human Dignity: Lodestar for Equality in South Africa (Cape Town: Juta 2012). Mr Joubert added that the book has been praised as compulsory reading for constitutional law practitioners, jurists, legal academics and those who wish to take up Justice Ackermann’s invitation to contribute to the development of South Africa’s constitutional jurisprudence.
Mr Joubert said that Justice Ackermann’s commitment to education and mentorship was unwavering. As the South African secretary of the Rhodes Trust for 15 years and chairperson of Pretoria Boys High School’s Board of Governors, he nurtured the next generation of leaders. Stellenbosch University recognised his contributions with an honorary LLD, and he was an honorary fellow of Worcester College, Oxford. He added that beyond his professional accomplishments, Justice Ackermann remains an example for practitioners as he also paid attention to his personal life outside of the law. An article in the 1981 De Rebus (‘Professionele Nuus’ 1981 (April) DR 160) recorded his love for tasting and collecting wine, and trout fishing. He was a devoted family man. ‘As legal practitioner we convey our deepest condolences to his family and we thank you for sharing him with the legal fraternity,’ Mr Joubert said.
General Council of the Bar representative, legal practitioner Mahlape Sello SC, pointed out that Justice Ackermann’s as a legal practitioner spearheaded the eradication of racism within the legal profession. She firstly mentioned that Justice Ackerman in the Pretoria Bar actively promoted the ascendency of Afrikaans as the language of law. She further mentioned that in the 1980’s Justice Ackermann and his colleagues managed to persuade the bar to abolish the colour bar and the admission of a promising young graduate by the name of Dikgang Moseneke.
Representative of the Gauteng Legal Practice Council, legal practitioner Maribolla Mphahlele SC, said that being appointed to the Constitutional Court, Justice Ackermann distinguished himself as a justice of formidable intellect who did not shy away from expressing his view where he felt it was necessary. ‘His enormous contribution to our constitutional jurisprudence continues to shape our democracy. We will forever be indebted to him for serving this country with distinction and dedication. His unwavering commitment to the rule of law continue to inspire us all in the legal fraternity,’ Mr Mphahlele added.
Representative of the Pan African Bar Association, legal practitioner Phelo Mahlati-Mbanga, speaking at the ceremonial sitting of Justice Ackermann, said the late Justice Ackermann’s book titled Human Dignity: Lodestar for Equity in South Africa reflects a man of passion and humanity. She added that he belonged to a generation of judges that paved a way for South Africans to think differently about the role of a judge. She pointed out that he was never one to shy away from stating his truth and confronting difficult questions in the judicial mindset. She quoted Justice Ackermann’s statement made at the Truth and Reconciliation Commission: ‘Judges who believe that they are wholly free of prejudice delude themselves. It behoves us all to seek out rigorously, painful as that might be, our own particular prejudices and of whatever nature. We need to keep these constantly in mind and to endeavour actively and persistently to counteract them. Furthermore, we all need to understand the insidious influence of institutional culture and to appreciate the powerful effects of the class, social and political environments in which we live and work, and the potential that this has for making us insensitive to the context and views of others’. ‘This is the legacy that Justice Ackermann preached to us, to implement and to live by,’ Ms Mahlati-Mbanga said.
The Deputy Minister of Justice and Constitutional Development, Andries Nel, said Justice Ackermann was deeply rooted to holding his oath of office to uphold the law of the land and equally committed to the principles of justice, human rights and dignity and to remain true to his conscience.
Mr Nel added that Justice Ackermann was a great jurist, a scholar, well respected judge and a humble servant of the judiciary. ‘At the time of his passing at the age of 90 he had served the judiciary and our nation with distinction. He said Justice Ackermann was known for his focus on human dignity as a constitutional value, which was something very central to his life work as a judge. ‘We are reminded of his eloquent words. “Human dignity cannot be fully valued or respected unless individuals are able to develop their humanity, their ‘humanness’ to the full extent of its potential. Each human being is uniquely talented. Part of the dignity of every human being is the fact and awareness of this uniqueness. An individual’s human dignity cannot be fully respected or valued unless the individual is permitted to develop his or her unique talents optimally. Human dignity has little value without freedom; for without freedom personal development and fulfilment are not possible. Without freedom, human dignity is little more than an abstraction. Freedom and dignity are inseparably linked. To deny people their freedom is to deny them their dignity. Although freedom is indispensable for the protection of dignity, it has an intrinsic constitutional value of its own. It is likewise the foundation of many of the other rights that are specifically entrenched. Viewed from this perspective, the starting point must be that an individual’s right to freedom must be defined as widely as possible, consonant with a similar breadth of freedom for others.”’
Deputy Minister Nel added that the life of Justice Ackermann close to retirement is further testament to his resolving passion to advance a just legal society. He pointed out that it was not surprising that Justice Ackermann was given an honorary doctorate by Stellenbosch University, his alma mater. ‘I would therefore call on all of us, including those in the profession, to draw inspiration, courage and commitment from the legacy of Justice Ackermann.’ Deputy Minister Nel thanked Justice Ackermann’s wife Denise and her family for sharing Justice Ackermann with the country.
From left: Representative of the Law Society of South Africa, Tiaan Joubert; Justice Edwin Cameron; former President of Black Lawyers Association, Mashudu Kutama; Legal Practice Council Gauteng Provincial office’s, Maribolla Mphahlele; and General Council of the Bar representative, Mahlape Sello, at the Constitutional Court during the special ceremonial sitting of the late Justice Laurie Ackermann.
Kgomotso Ramotsho Cert Journ (Boston) Cert Photography (Vega) is the news reporter at De Rebus.
