Chaskalson remembered as giant of profession

The legal profession was joined by politicians in remembering a giant of the profession who changed the face of law and justice in SA and a courageous fighter against apartheid, writes Legalbrief. He is remembered for his intellect, courage and humility, and for standing up fearlessly for the poor. His contribution to 'our negotiated transition and the shaping of our constitutional democracy, as well as in the building of our post-apartheid society based on reconciliation (and) reconstruction' has persuaded President Jacob Zuma to extend him the honour of a 'special official funeral'. The funeral today will be a private, family affair, although Zuma will attend. The national flag would be flown at half mast until Friday, the Presidency has announced. Chaskalson served as the first president of the Constitutional Court and as Chief Justice from November 2001 until his retirement in 2005.

His contribution to law and democracy will always be remembered. He left his practice to become a human rights lawyer and was among a team that founded the Legal Resources Centre (LRC). He served as a director from 1978 to 1993 and continued to serve as a trustee of the organisation until his death, according to a report in the Sunday Times. He was part of former President Nelson Mandela's defence team during the Rivonia Trial. Chaskalson was commissioner of the International Commission of Jurists in 1995 before being selected as one of SA's four members on the UN Permanent Court of Arbitration in 1999. In 2001 Chaskalson was appointed by the UN as a judge for the International Criminal Tribunal for the former Yugoslavia. High Court Judge Jody Kollapen, who also served with Chaskalson as a trustee at the LRC, said his death was a tragic loss. 'Arthur was an amazing South African. His intellect, his courage and his humility, and his sense of instinctively knowing what he had to do as a South African to build a better country, was something I admired in him.' He is survived by his wife, Dr Lorraine Chaskalson, and two sons, Jerome and Matthew. Full Sunday Times report (subscription needed)

His life is described as an inspiration to defenders of the rule of law by leading legal commentator Carmel Rickard in an article on her Free State of Mind blog. Rickard writes: 'Throughout his adult life - from his first year as a law student at the University of the Witwatersrand to his last speaking engagement a few weeks ago - he spoke, wrote and acted with a clear vision for law in SA and for the country's future. One of his greatest gifts is that he inspired others to do the same.' Speaking the day after Chaskalson's death, his life-long friend, Johannesburg Advocate George Bizos, recalled how Chaskalson, then in his first year of law study, stood up at a crucial meeting to insist that black students be invited to attend an annual dinner attended by judges and other senior legal figures. Bizos remembers Chaskalson stressing that it wasn't a question of whether university policy would permit such a thing, but rather a question of what was right. Rickard notes that 'among its (the LRC's) initial stunning victories' were the Komani and Rikhoto cases that fatally undermined the hated pass laws on which much of the apartheid legislation was based. Constitutional Court Justice Edwin Cameron spoke of Chaskalson's 'utter absorption' with the Constitutional Court and its work, and that this court and its jurisprudence are his main legacy. He made it his life's work to secure social justice, Cameron said, and this can be seen through many of Chaskalson's decisions. Rickard says that just a few weeks ago the Cape Law Society held its AGM in Kimberley. Chaskalson was the guest speaker. She writes: 'As usual he spoke sense and truth to those confused by untruths hidden behind smoke and mirrors. His theme was the Legal Practice Bill, now being considered by Parliament, and he warned it had the potential to infringe the independence of the profession. But his speech went much further, summing up his concerns about present threats to constitutional democracy and the rule of law. 'Constitutions are written for the future,' he said. 'One of the lessons of history is that rights are vulnerable, and when governments come under stress there is a temptation to brush rights aside, to secure their goals and entrench their power.' Full article on a Free State of Mind Chaskalson's last speech at Kimberley on 9 November

Chaskalson was the most cerebral of advocates, writes Jeremy Gauntlett SC, past president of the Cape Bar and chairperson of the South African Bar, in an article in Business Day. His manner was formal, even cold. A devastating cross-examiner, he was clear but soft-spoken in argument. His manner may have dissuaded an easy camaraderie, but he was a natural leader at the Bar. Twice chairman of the Johannesburg Bar and for five years vice-chairman of the General Council of the Bar, he led SA's advocates in innumerable confrontations with the John Vorster and PW Botha governments over legislative and executive measures that were striking at human rights and an independent administration of justice.He was at the forefront of the challenge to influx control, successfully arguing the challenges to the Bantu Urban Areas Act, first in the Komani case, then in Rikhoto. Gauntlett also notes that, with Marinus Wiechers and Ismail Mahomed, he became a drafter of the Namibian constitution after the Turnhalle talks. Full Business Day report

Pius Langa, Chaskalson's successor, rates him one of the greatest jurists he's known, says an SABC News report. It quotes Langa as saying his death leaves a huge gap among South Africans who stand for democracy, justice and the independence of the judiciary. Langa described Chaskalson as a workaholic. 'I know very few people who worked as hard as he did, even while he occupied a leadership position.' He also spoke of Chaskalson's gentleness, adding he was 'a constant friend. Someone you could always depend on. He gave advice to everybody who sought it'. Former Rivonia trialist, Dennis Goldberg, says Chaskalson played an important role in saving the trialists' lives, even though he was a junior lawyer at the time. 'I knew him as a lawyer in that trial and afterwards as a friend. A very upright person. A person with a very clear integrity and seriousness of purpose; a brilliant mind.' Full SABC News report

Nobel Prize-winning author Nadine Gordimer described him as a person who 'was so alive, not in a flamboyant way, but in such a deep, wonderful and encouraging way'.According to a City Press report, Gordimer said that Chaskalson always believed that things could get better and 'never despaired'. 'He never faltered, never retreated into a personal life, he always belonged to all of us,' Gordimer said, describing Chaskalson as a close friend, who was also 'everybody in SA's friend; he stood for justice for all'. Civil society activist Dr Mamphela Ramphele said Chaskalson had set a very high standard for jurists. 'In Arthur we have lost a giant in the legal history of this country. His enormous contribution as an advocate, and later as a jurist, are without peer.' Chief Justice Mogoeng Mogoeng praised Chaskalson's continued participation in the development of the judiciary. 'Chief Justice Chaskalson's contribution and passion for the development of the country's jurisprudence and its legal institutions cannot be over-emphasised and will forever be cherished. He was a fine human being, a good teacher and a man of immense integrity who was renowned the world over as a great leader and champion of human rights,' Mogoeng said. Full City Press report

The Law Society says Chaskalson will be remembered for his great contribution to our constitutional jurisprudence after 1994. 'However, his immense value to our democracy spans across the many years and the work he did, both as a junior and senior advocate, in supporting and defending those who struggled for justice and liberation.Justice Chaskalson was one of the courageous few who spoke out bravely, and devoted his time and energy to challenging apartheid legislation, at a time when others hesitated to do so,' say LSSA co-chairpersons Krish Govender and Jan Stemmett. They add: 'As recently as a few weeks ago, Justice Chaskalson stressed the importance of the independence of the judiciary and of the legal profession for our constitutional democracy. As legal practitioners we must bear this in mind so that we continue to move forward on the path that ensures a stable and future democracy.'

Chaskalson's contribution to the struggle against apartheid was also recalled by the National Association of Democratic Lawyers (Nadel). 'He served the country with excellence as a distinguished jurist and a fighter for democracy, human rights and the rule of law,' Nadel said, according to a report on the News24 site. Nadel said he had used his skills to defend those who fought against apartheid, as well as the poor and marginalised. The SA National Editors' Forum (Sanef) described Chaskalson as 'an untiring champion of an open democratic society'. 'As the media fraternity we will particularly remember Justice Chaskalson for striving to ensure that the courts were open and friendly to the public and the media,' it said. Cosatu said South Africans should honour Chaskalson's memory by safe-guarding democracy. 'We owe it to his memory to make sure that we never undermine the democratic foundations he laid down in his lifelong commitment to promote social justice and human rights,' said Cosatu spokesperson Patrick Craven. Full report on the News24 site

He epitomised a generation of moral leaders who stewarded SA from apartheid to democracy, said Archbishop Emeritus Desmond Tutu, according to a report in The Mercury. 'He was a human rights lawyer who defended the brave and the oppressed, including uTata Nelson Mandela,' he said. 'Arthur represented integrity, selflessness and righteousness in a most unassuming and scholarly manner.' Full report in The Mercury (subscription needed)