Arthur Chaskalson

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Arthur Chaskalson , SCOB (born November 24, 1931 in Johannesburg ; † December 1, 2012 ) was a South African lawyer and judge at the Constitutional Court of the Republic of South Africa . From 1994 he held the position of Chief Justice of South Africa and after it was merged with the head of the Constitutional Court, he was its chairman from 2001 to 2005.

Education and professional career

Chaskalson was born the son of a Jewish businessman and was educated at Hilton College . He completed his studies at the Witwatersrand University , where he was awarded a degree in economics in 1952 and a Bachelor of Laws two years later . During his studies he was involved in the football team of his university and was nominated for a South Africa-wide selection in 1952.

In 1956, Chaskalson was admitted to the bar in Johannesburg. During his work as a lawyer, he took part in numerous political trials and defended opponents of apartheid . He gained notoriety as a member of the team of defense lawyers in the Rivonia Trial , in which senior members of the ANC , including Nelson Mandela and Walter Sisulu , were sentenced to long prison terms. The team, led by Bram Fischer , managed to avert the death penalty for the defendants. In addition to this activity, Chaskalson mainly worked in the field of commercial law. In 1979 he was one of the founders of the Legal Resources Center , as its director he campaigned against apartheid from 1979 to 1993. He was also active in the Johannesburg Bar Association, of which he was a member from 1967 to 1971 and from 1973 to 1982, and of which he was chairman in 1976 and 1982. From 1982 to 1987 he was Vice Chairman of the South Africa Bar Association. From 1985 he was one of the defenders in the Delmas Treason Trial .

He also took on tasks within the legal training. He was a member of the National Bar Examination Board between 1979 and 1991. He remained connected to his alma mater as a member of the board of directors , to which he served for twenty years from 1979. In 1987, 1988 and 2004 he was visiting professor at Columbia University . From December 1989 to March 1990 he advised the Namibian government on drafting the country's constitution . In 1994, Chaskalson was appointed judge at the Constitutional Court of the Republic of South Africa by Nelson Mandela, which he also took over. He held this post until 2005.

Others

Chaskalson was married to Lorraine Chaskalson, a PhD philosopher who lectured at Witwatersrand University. The marriage resulted in two sons. On December 1, 2012, Chaskalson died of leukemia . He was buried in West Park Cemetery in Johannesburg.

Memberships (selection)

Awards (selection)

Publications (selection)

  • The legal system in South Africa 1960–1994. In: South African Law Journal. 115 (1 )/1998. Juta and Company, pp. 21-36, ISSN  0038-2388 .
  • From wickedness to equality: the moral transformation of South African law. In: International Journal of Constitutional Law. 1 (4) / 2003. Oxford University Press, pp. 590-609, ISSN  1474-2640 .
  • Preserving civil liberties in an age of global terror: international perspectives. In: Cardozo Law Review. 29 (1 )/2007. Benjamin N. Cardozo School of Law, pp. 11-19, ISSN  0270-5192 .
  • The widening gyre: counter-terrorism, human rights and the rule of law. In: Cambridge Law Journal. 67 (1) / 2008. Cambridge University Press, pp. 69-91, ISSN  0008-1973 .
  • What's happening to the right to a fair hearing? In: Israel Law Review. 41 (3) / 2008. Minerva Center for Human Rights, pp. 522-544, ISSN  0021-2237 .

Individual evidence

  1. Denis Herbstein: Arthur Chaskalson obituary. In: The Guardian . December 10, 2012, accessed August 17, 2013 .
  2. ^ Douglas Martin: Arthur Chaskalson, Chief South African Jurist, Dies at 81. In: The New York Times . December 3, 2012, accessed August 17, 2013 .

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