tetchy
THE members of the court represent some of South Africa’s finest legal minds, and as such can be intimidating individuals. They have been openly hostile to criticism, even that expressed in academic journals, and highly critical of press coverage. Here are opinions of some of their performance, expressed by clerks, academics and lawyers:
Constitutional Court president Judge Arthur Chaskalson, one of South Africa’s leading human rights advocates and a founder of the Legal Resources Centre: “The epitome of a fair-minded judge.”
Judge Kate O’ Regan, appointed with relatively little experience as a practising attorney: “The find of the court.” “A superb judge who conducts herself with dignity.” “Intellectually astute and dignified.” “An absolute star. Everyone likes her.”
Judge Pius Langa, a former senior counsel tipped to be the court’s next president: “Has established himself as a fine judge.” “Doesn’t like to intervene in court.” “Solid, but he rarely takes a lead.”
Judge Albie Sachs, whose appointment sparked much criticism and who remains one of the court’s more controversial figures: “The touchy-feely member of the court.” “He brings a crucial political dimension to the court.” “His interventions frequently leave advocates perplexed as to whether he has asked a question in the first place.” “He has dug a hole for himself with his soft, sociological approach.”
Judge John Didcott, the outstanding member of the Natal Bench during the apartheid era, whose tetchy and aggressive approach in the Constitutional Court is seen as intimidating by many advocates: “”Up there with the sharpest.” “The lawyer’s lawyer.” “A brilliant, fair judge.”
Judge Johan Kriegler, the former Appellate Division judge who headed the Independent Electoral Commission, regarded with Judge Didcott as one of the court’s sharpest intellects: “Joined at the hip [Judges Didcott and Kriegler].” “Aggressive towards counsel, but usually with a twinkle in his eye.” “Devastating but funny.” “Both [Kriegler and Dicott] can be incredibly rude.” “The fixer. Judge Chaskalson calls on him if he needs a judge to do something quickly and effectively.”