SA’s feminist and anti-corruption Chief Justice hailed as he hangs up his green robes

Chief Justice Raymond Zondo hung up his green robes on Wednesday after 27 years on the Bench.

At his final sitting, Zondo handed down a judgment in favour of a soldier who had waged a 13-year battle against the SANDF. The unanimous judgment confirmed the soldier’s continued service and awarded him outstanding pay with costs. It was a resonant finding for a judge who helped craft South Africa’s body of labour law.

The final sitting was packed with attendees, including the Full Bench of his green-robed colleagues, former Chief Justice Mogoeng Mogoeng, Deputy Chief Justice Dikgang Moseneke and former colleagues including Johann Kriegler, Edwin Cameron and Zak Yacoob.

Former president Thabo Mbeki attended with his wife, Zanele Mbeki.

Justice Minister Thembi Simelane, her deputy, Andries Nel, the national director of public prosecutions, Shamila Batohi, the Speaker of Parliament, Thoko Didiza, and Archbishop Thabo Makgoba were also at the Constitutional Court to honour Zondo.

Special Ceremonial Sitting of the Constitutional Court in honour Of Chief Justice Raymond Zondo on August 21, 2024 in Johannesburg, South Africa. (Photo by Gallo Images/Sharon Seretlo)

Judge Mandisa Maya, who takes over as Chief Justice, said of Zondo that his tenure at the Constitutional Court since 2012 was marked by decisions which enhanced the rule of law and deepened constitutional jurisprudence. Zondo has more than 200 reported judgments in numerous and complex fields.

Maya praised Zondo for prioritising gendered transformation and judicial education.

She said Zondo had charted the path of a transformed, diverse judiciary which prioritised the transparent delivery of justice. Zondo had also served on the Goldstone Commission of Inquiry into state-sponsored apartheid violence and he chaired the State Capture Inquiry, known colloquially as the Zondo Commission.

The chairperson of the Commission of Inquiry in State Capture Deputy Chief Justice Raymond Zondo during a media briefing on May 24, 2018 in Johannesburg, South Africa. (Photo by Gallo Images / Sowetan / Thulani Mbele)

Maya said, “He had elevated more women to the Bench and [overseen the] elevation of women to leadership positions, including me.”

In a week of farewells, many leaders of the judiciary recognised Zondo for his role in encouraging women to sit as acting judges and to become judges. Maya said he had worked assiduously to rebuild the Aspirant Women Judges programme started by former justice minister Brigitte Mabandla.

“He is one of the first judge presidents to make a real effort to bring women to the judiciary. [These women] have greatly benefited from his consistent, generous support,” said Maya, who also praised his protection and promotion of the rights of women and girls.

“Your departure will leave a profound void in the judiciary. We will miss you. [Now] you go home to your wife and children who so generously shared you with the nation.”

Thabo Mbeki (Former President of South Africa) at the Special Ceremonial Sitting of The Constitutional Court in honour of Chief Justice Raymond Zondo on August 21, 2024 in Johannesburg, South Africa. (Photo by Gallo Images/Sharon Seretlo)

Advocates for Transformation’s Myron Dewrance said Zondo’s life journey was a transformational example of what could be done.

Zondo’s father was a migrant worker and his mother was a domestic worker. He was born in Ixopo, KZN, and was educated at a seminary. He studied at the University of Zululand and served articles under Victoria Mxenge, the anti-apartheid lawyer who was assassinated by apartheid security forces.

At his interview before the Judicial Service Commission, Zondo cried as he told the story of how he worried for his mother after he completed matric and won a position at university. How would she survive?

He approached a trader called Solly Bux who extended a monthly grocery voucher to Zondo’s mother, which enabled the young student to go and study. When he returned to make good on the loan, Bux said he should pay it forward. The Bux and Zondo families continue to run a philanthropic foundation.

Chief Justice Raymond Zondo resides over the election of the Speaker of the National Assembly and Chairperson of the NCOP as well as the election of the president. 14 June 2024. (Photo : Shelley Christians)

Zondo is best known for his 3½-year tenure as the chairperson of the Commission of Inquiry into State Capture. In that role, he was attacked by politicians fearful of what he would find. The jury is out on whether the commission will dent corruption meaningfully, but Zondo’s steady leadership of the commission is recognised locally and internationally.

The Law Society of South Africa’s Eunice Masipa said the inquiry was a beacon for South Africa and reminded all of the need to uphold the rule of law and the requirements of transparency. She said Zondo had been a stabilising force for the country and the judiciary.

“As I leave the judiciary it is my wish that the judiciary never deviates,” said Zondo. “Being a judge is not a position from which you seek to be popular; to be praised in the media for their judgments. Their judgments are made in the shadow of the Constitution and made without fear, favour or prejudice.”

“When people appear before us, no matter how unpopular they are out there, they must be treated with respect and courtesy and get a fair hearing.”

Chief Justice Raymond Zondo during the Special Ceremonial Sitting of the Constitutional Court on 21 August in Johannesburg.(Photo: Sharon Seretio / Gallo Images/)

Read in Daily Maverick: Zondo — ‘we need mechanisms to prevent State Capture happening again’

Other moments and tributes from the final sitting 

Shamila Batohi, National Director of Public Prosecutions

‘We will always remember how you laid bare the truth of State Capture. It ripped the heart out of the rule of law, the central ingredient holding the country together and it was stealthy and came from within. It included the leadership of the NPA [National Prosecuting Authority]. We need to take the important work of the commission forward to ensure justice and accountability.

“We hear the constant calls for orange overalls — the Zondo Commission may have created unrealistic expectations. As we know, criminal prosecutions have a more onerous standard of proof and more painstaking work to meet the required onus of proof. The State Capture Commission laid a solid foundation on which to build.

“Retire with the assurance that the real impact of your work will be felt; those responsible will be brought to justice. The Investigating Directorate has been made permanent and that is an important step in that direction.

Chief Justice, Raymond Zondo during his farewell dinner at Marriot Hotel Melrose Arch on August 20, 2024 in Johannesburg, South Africa. The celebratory dinner, attended by President Cyril Ramaphosa was held in tribute to the Chief Justice, who is retiring at the end of August 2024 after a distinguished judicial career spanning 27 years. (Photo by Gallo Images/Sharon Seretlo)

“We have partnered with the business sector to set up a digital evidence unit, which is a potential game-changer. This will secure specialist skills to supplement ours. We have adopted a corporate alternative dispute mechanism to deal with corporate corruption and recover stolen monies.

“The wheels of justice are turning, [although] not as fast as we would like. Addressing State Capture is a government priority. A fast lane for [the prosecutions of those involved in] State Capture could help.

“The rule of law — notwithstanding your efforts — is not flourishing. It’s out of the intensive care unit, but it’s not out of hospital. We all have to nurse it back to health. We will not rest until the job is done. Those with dirty hands should not be sleeping easy at night.”

Justice Minister Thembi Simelane

“Your colleagues said you are calm and level-headed and I concur. You made an extraordinary commitment; you were faithful to the people of South Africa. Our country’s recent history is divided into the pre-Zondo Commission period and your post-Zondo Commission work. [The report] is a toolkit to deal with corruption and malfeasance.

“When we see you outside the court, we will point and say: ‘There is a man who served his nation well.’”

National Assembly Speaker Thoko Didiza 

“You are not retiring, you are passing the baton. At 64, your mind and wisdom are required. There is still a lot you will contribute — some in their retirement work harder than they did while in office.

Special Ceremonial Sitting of the Constitutional Court in honour of Chief Justice Raymond Zondo on August 21, 2024 in Johannesburg, South Africa. (Photo by Gallo Images/Sharon Seretlo)

“I want you to remember those workers you represented while at the Diakonia Centre [in Durban]. Many of those had no resources to represent themselves; many relied on you to make their case; many trusted you would ensure justice is served.

“I want to remind you of your time at Victoria Mxenge and Mthembu Attorneys when many were jailed for standing up to apartheid. You did not look at how much it would cost for clients to pay. In KwaZulu-Natal and the villages of the South Coast, they are saying: ‘You’ve made us proud.’ The village gogos who saw you growing up are saying that until the end you stood for the truth.

“We wondered when you made the marijuana judgment [which legalised dagga use for private consumption] but it made us [at the Department of Agriculture where Didiza was minister] wonder how we could use this golden green plant for growth and commercialisation of hemp and cannabis. Many farmers now plant hemp for commercial use enabled by the judgment not all of us quite appreciated at the time.

“We stand here to say that indeed you have acquitted yourself in accordance with how the President framed your role.

“The Chief Justice has worked to promote the interconnectedness of the three spheres of government. At the investiture of the seventh administration, you meticulously asked each office-bearer to say the oath of office. Coming from the Zondo Commission, you were making sure that this was understood.

“You were very vocal [in the State Capture Commission of Inquiry report] [about] the deficiencies of Parliament’s oversight role. As we speak today, a couple of measures have been put in place to strengthen oversight and accountability.

“Our parliamentary committees are being capacitated to do their work. Through our rules, we will tighten accountability over the executive. We will also continue to engage your colleagues where there might be areas that are not so clear as to what we should do. Our democracy is young and it is evolving. Thank you for being a faithful servant.” DM