Retired Judge Ntlupheko Yekiso, who passed away in February 2025, was honoured at an official memorial in Cape Town by members of the judiciary and legal practitioners. The Office of the Chief Justice described the late judge, the first black legal practitioner to open a practice in Cape Town, as a pioneer for the transformation of the legal profession.
Director of the Legal Practice Council in the Western Cape, Caron Jeaven, reading a speech by Law Society of South Africa’s (LSSA) Ettienne Barnard, said it deserves to be mentioned that Judge Yekiso was one of those judges who made it easier for legal practitioners to appear and play more of a role in the High Court. ‘When appearing before him as an attorney, one never experienced that you were being treated unfairly or as an attorney, being subject to additional scrutiny or any awkwardness. He was part of a generation of new judges that pioneered the way to transformation and having practiced as an attorney, he understood the hustle and bustle of that part of legal practice,’ Ms Jeaven said.
Ms Jeaven added: ‘If I may add a small anecdote on behalf of Mr Barnard, Mr Barnard recalled one matter, when he appeared before him to argue an insolvency related matter. While doing so, Mr Barnard referred to a precedent, Fesi v Absa [Fesi and Another v Absa Bank Ltd 2000 (1) SA 499 (CC)]. Mr Barnard was pronouncing the name Fesi as “Feesi”. It seemed that Judge Yekiso was somewhat uneasy every time Mr Barnard referred to the judgment in that way. Mr Barnard realised that Judge Yekiso’s uncomfortableness had nothing to do with the law or the content of the judgment he was referring to, but rather the pronunciation. When Mr Barnard said Feesi one more time, judge Yekiso leaned forward and interrupted him by saying “Fesi! Mr Barnard, Fesi!”’
Ms Jeaven said that the LSSA would like to honour, thank, and pay respect to the family and friends of Judge Yekiso before all those present. She added that in the busy and taxing life of judges, their time and energy – spent navigating difficult factual matrixes and legal arguments – often comes at the expense of taking up valuable family and social time.
She added that the profession acknowledges this and expresses gratitude that those close to him also sacrificed in this way for the interests of justice. The LSSA also acknowledges the valuable contribution of Judge Yekiso in participating in the formal structures of the organised profession. ‘Those who were privileged to have met and appeared before Judge Yekiso and served in the formal structures of the profession with him, have gained memories and experience for which today we pay tribute. He is remembered as one who thoroughly stamped his judicial mark on the legacy of the Western Cape High Court and beyond,’ Ms Jeaven added.
The Secretary General of the Black Lawyers Association (BLA), Chris Mamathuntsha, spoke on behalf of his organisation. He pointed out that Judge Yekiso was an active member of the BLA until his appointment to the Bench in 2003. He added that he worked closely with the late George Maluleke at the Black Lawyers Association Legal Education Centre in the 1980s. Mr Mamathuntsha said that Judge Yeskiso was a resilient legal practitioner and committed to justice.
Mr Mamathuntsha added that while reflecting on the late judge’s life, it would be fitting to emphasise the need for the total transformation of the legal profession and the judiciary in particular. ‘We therefore urge the leadership of the Western Cape Division and leadership of the profession to work towards fast-tracking transformation in honour of Judge Yekiso. The BLA will continue where you left off to fight for justice, equality and transformation of the profession and the judiciary in particular, we call on our members of the BLA in the Western Cape to carry the baton and deliver us as a transformed division that reflects the aspirations of our beautiful Constitution,’ Mr Mamathuntsha said.
Mr Mamathuntsha added that through his exemplary conduct and ethical behaviour, Judge Yekiso earned the respect of his colleagues and served as an inspiration to young and upcoming legal practitioners. ‘His contribution to our jurisprudence is immeasurable as reflected in his seminal judgment on the dispensing of antiretrovirals by the government of the Republic,’ Mr Mamathuntsha added. Mr Mamathuntsha pointed out that the BLA demands more decorum in the treatment of legal practitioners in courts.
Legal practitioner, Seehaam Samaai, spoke on behalf of the South African Women Lawyers Association (SAWLA) at the memorial. She said that he was more than just a jurist; he was a man of principle who dedicated his life to the transformation of our legal system. ‘He established his legal practice in 1979, during one of the darkest periods in our country’s history, demonstrating immense courage and commitment to justice at a time when it was neither easy nor safe to do so. His contribution to the legal profession and the fight for human rights cannot be overstated,’ Ms Samaai said.
Ms Samaai pointed out that through his leadership on the litigation committee, Judge Yekiso helped shape legal strategies that promoted socio-economic rights and gender equality. ‘For us women in the legal profession, Judge Yekiso was not just an ally– he was an advocate for transformation, for inclusion, and for gender equality,’ Ms Semaai added. She said that Judge Yekiso’s life’s work resonated deeply with SAWLA’s mission – to advocate for the full participation of women in legal policy dialogue, to fight for gender-balanced representation in the judiciary, and to create opportunities for mentorship and empowerment. ‘His belief in transformation was not rhetoric; it was action,’ Ms Samaai said. Retired late Judge Yekiso served on the Bench from 2003 to 2018.
Kgomotso Ramotsho Cert Journ (Boston) Cert Photography (Vega) is the news reporter at De Rebus.
