Arthur Chaskalson

Early life and career

Born in Johannesburg, Chaskalson was educated at Hilton College and later graduated from the University of the Witwatersrand with a BCom (1952) and LLB Cum Laude (1954).

In 1963, Chaskalson, along with Bram Fischer, Joel Joffe, Harry Schwarz, George Bizos, Vernon Berrangé and Harold Hanson, was part of the former President Nelson Mandela's defence team in the Rivonia Trial, which saw Mandela sentenced to life imprisonment.

Chaskalson left a very successful legal practice to become a human rights lawyer, helping to establish the Legal Resources Centre, a non-profit organisation modeled after the NAACP Legal Defense and Educational Fund in the United States seeking to use the law to pursue justice and human rights around South Africa. Chaskalson served as the centre's director from November 1978 until September 1993.

Constitutional Court

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.

The court's first major decision under Chaskalson's leadership abolished the death penalty in S v Makwanyane on 6 June 1995. He also wrote notable majority judgments in Soobramoney v Minister of Health, KwaZulu-Natal and Minister of Public Works v Kyalami Ridge Environmental Association, and he co-wrote Fedsure Life Assurance v Greater Johannesburg Transitional Metropolitan Council with Justices Richard Goldstone and Kate O'Regan.

Chaskalson also became 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 1989, he consulted on the writing of the Constitution of Namibia. He became the President of the International Commission of Jurists then from 2002 until 2008.

Retirement

On 31 May 2005, Chaskalson retired as Chief Justice and was replaced by his former deputy Pius Langa. In his 2005 State of the Nation speech 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". 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".

He died in Johannesburg on 1 December 2012 from leukemia and was buried in Westpark Cemetery.

Personal life

Chaskalson was survived by his wife Lorraine, with whom he had two sons and five grandchildren. Chaskalson was Jewish

Honours and awards

In 2002 he was awarded the Order of the Baobab (Gold) for "exceptional service in law, constitutional jurisprudence and human rights".

References

References

1. SAPA. (3 December 2012). "SA mourns former chief justice Arthur Chaskalson". The Mail & Guardian.
2. Constitutional Court of South Africa. "Justice Arthur Chaskalson Former Chief Justice of South Africa". Constitutional Court of South Africa.
3. Broun, Kenneth. (2012). "Saving Nelson Mandela: The Rivonia Trial and the Fate of South Africa". Oxford University Press.
4. Clingman, Stephan. (2012). "Bram Fischer: Afrikaner Revolutionary". New Africa Books.
5. Dennis Davis. (2009). "Precedent & Possibility: The (Ab)use of Law in South Africa". Juta and Company Ltd..
6. French, Howard. (7 June 1995). "South Africa's Supreme Court Abolishes Death Penalty". The New York Times.
7. Martin, Douglas. (3 December 2012). "Arthur Chaskalson, Chief South African Jurist, Dies at 81". The New York Times.
8. "Farewell to a great SA fighter | News24".
9. "Arthur Chaskalson: The Order of the Baobab in Gold". [[Government of South Africa]].