Tribute to justice Yvonne Mokgoro — a woman of compassion and care

Good morning. Dumelang.

Thank you for the invitation to say a few words this morning. It is a great privilege to remember and reflect on Justice Makgoro.

I would like to start by expressing my condolences, love and respect to Justice Mokgoro’s family, friends and colleagues.

I wish I could say that I was a close friend or colleague of Yvonne’s. But I was only an acquaintance.

I first set eyes on Justice Mokgoro during my early encounters with the Constitutional Court, sitting on the bench on cases to do with discrimination against people living with HIV (the Hoffmann case), and later the Treatment Action Campaign case. Her compassion for the most marginalised and vulnerable was evident from then. In my mind I can picture her posture, the way she would sit in court, eyes sparkling and reflecting her concern, always attentive.

In later years, I was the fortunate beneficiary of an occasional conversation, often rushed and in passing. But during and after every meeting I felt her warmth, I felt her greatness and that I had been touched by a wonderful human and South African.

As a result, Justice Mokgoro inspired me. In particular, she inspired me — and many others I believe — in our shared mission to make democratic South Africa equal and just and fair.

That was her power. It was a rare power that came from beauty, humility and a gentle but infectious cordiality.

Yvonne was a judge of the highest standing and integrity and she has left a fine jurisprudence, individually and as a member of a collective at the Constitutional Court. However, my feeling is that what marked her out was not just her impeccable judicial reasoning, but the fact that for Yvonne the SA Constitution was an instruction not just of law, but of life and living.

The Constitution is an ethical code.

And she lived it.

My views are shared by others. Justice Edwin Cameron says of Yvonne:

“She resolutely fought for the underdog, the weak, the marginalised, and the impoverished. Her humane legacy is deeply embedded in our jurisprudence.”

Prof Thuli Madonsela says:

“She is credited with having convinced the majority of her constitutional court colleagues to embrace Ubuntu as implicit in the value of human dignity in the death penalty abolishing case known as S v Makwanyane. In her personal interactions, she epitomises Ubuntu in the way she looks out for all particularly those that are marginalised.”

Read more in Daily Maverick: Justice Yvonne Mokgoro leaves behind a towering legacy of courage, determination and humility

Unlike some other judges, for Yvonne law wasn’t a cold science. Its words may of necessity be precise and unambiguous, but in our constitutional context, it must also hold within it a deep empathy with the issues of dignity and equality, and the people who bring these issues seeking relief before the court. In particular, Yvonne was moved by the plight of women, in the TAC case pregnant women living with HIV.

Yvonne was a wonderful black South African woman. Amongst the greatest. Coming from humble beginnings, her life was rich (in the best way), meaningful, accomplished and full of good purpose. She kept her humanity and human touch, her care and compassion, even when she was elevated to great heights in society.

At a time when human rights are under threat across the globe, at a time when public leadership is more associated with dishonesty, division and deceit, I think that the best tribute we can pay her is to seek to live up to her values, her vision and to work as hard as possible to keep hope and the Constitutional promise alive. I will certainly do that.

Thank you. DM