Judge Kollapen reaches apex of his career
JUDGE Narandran “Jody” Kollapen will preside over his first hearing in his official capacity as a Justice of the Constitutional Court this week.
Judge Kollapen, 64, of Claudius in Pretoria, previously held a six-month acting position in the Concourt in 2017.
After two unsuccessful attempts, the former judge of the North Gauteng High Court, Pretoria, was officially appointed to the position by President Cyril Ramaphosa in December. He took office at the Apex Court in Constitution Hill, Braamfontein, on January 1.
“For any lawyer, when you start off your career, sitting in the highest court in the country is not something you even think of. You just want to be a good lawyer, serve justice, and earn a living,” said Judge Kollapen.
“However, after all these years, to have the opportunity to serve in the Concourt is a wonderful feeling and a dream come true in many ways. It is also exciting as at my age many would be looking to the end of their careers, but for me, it is almost like the start. It is a nice feeling and a privilege to be in that position.”
Judge Kollapen said he came from humble beginnings. He grew up in Marabastad, before his family moved to Laudium in 1968 due to the Group Areas Act.
“I grew up in what could be described as the District 6 of Pretoria, with a mixed-race community, and in many ways a glorified slum. People lived in close proximity to each other and you would find 10 families sharing a yard and communal ablution facility until they could build their own in their small sections.”
He came from a working-class family. His late father, Kanabathy “Billy” Kollapen, worked as a waiter and his late mother, Rajanbal “Thanga” Kollapen, was a machinist at a clothing factory.
“However, my mum was quite politically involved. She participated in passive resistance campaigns with other women from the Transvaal, and made their way to Durban. My mum was jailed twice in Pietermaritzburg. She also marched to the Union Buildings in the 1956 Women’s March.
“She instilled in one a sense of justice. She was a fighter for justice. She knew she was going to lose her job by going to protest in Durban, but she was willing to sacrifice that for what she believed in.”
Judge Kollapen said that even as a child, it was difficult not to have an acute sense of the injustices in society.
“You saw this when you walked through other parts of the city, especially a city like Pretoria. It was rife with racial discrimination. It was open. It was in your face. It was brutal. They didn’t care whether you were a child. So you always had the feeling this wasn’t right. That something was wrong.
“Even when you looked at the schools that the white children went to, when you walked past their schools, there were these beautiful big buildings with gardens and lawns. You had a sort of wooden structure as a school. It made you ask questions such as why is it like this?"
Teenage years
Judge Kollapen said his interest in law was sparked in his teenage years.
“My uncle was what you would call a paralegal and he spent a lot of time with lawyers, where he developed some legal knowledge. Even though he was not qualified, people in our community went to him to seek advice. He assisted them and if he couldn’t, he took them to the lawyers he knew.
“My uncle often spoke about the law and when I looked at him, I thought if he had the opportunity, he would have been a great lawyer. He grew up in apartheid South Africa, where opportunities were few and far between.
“So I decided to study law even though I did not think about it with the great intensity that people do now. It was instinctive. My mother wanted me to become a doctor but I was somehow more attracted to being a lawyer."
Judge Kollapen said that after matriculating at Laudium High School in 1974, he left home to pursue his law degree in Natal (now KwaZulu-Natal).
“Due to the separate universities act, I had to go off and study at the University of Durban-Westville in 1975. I spent just over two years at the university and at the beginning of my third year, the act was relaxed and we were allowed to study at Wits University where I completed my degree. After that, I went on to work as an articled clerk at a law firm in Pretoria.”
He said he decided to open a practice in 1982.
“I did this with just R200 capital. I did not have a secretary, so I had to do everything on my own. I also did not have a car and would ride the bus from Laudium to the CBD every day. However, I have some fond memories of those times.
“I was given two seats, of which the second seat would be occupied by other commuters at 10-minute intervals. I gave them advice. It was just working-class people who needed some assistance. I never earned any money out of it, but for me, it was lovely in the sense that I was able to use my knowledge and skills to help people.”
Challenges
Judge Kollapen said there were challenges at the time.
“I was practising law in a hostile environment. For example, if one went into court and your opponent and the magistrate were white, you had a feeling that they knew each other and they would uphold the same system and benefit from the same system. So how were they now going to ensure justice at the end of day?
“So it was uphill, but I must say even among those people, there were exceptions. There were good white lawyers and magistrates that fought for justice.”
He said he was approached to join Lawyers for Human Rights, an independent human rights organisation, in the early 1990s.
“When I joined the organisation, I co-ordinated their prisoner programme. However, soon afterwards I progressed in the organisation, becoming its head in 1994, which was historic as it was the time of our elections.”
Judge Kollapen said in 1997, he was appointed to the South African Human Rights Commission (SAHRC).
He said, this, among other achievements, had been a highlight in his career.
“I served for 13 years in the SAHRC and held the position of chairman for seven years. It was a wonderful time, which I enjoyed immensely. However, it was sort of new ground and we were also dealing with difficult changes and topics.
“We educated and informed citizens that now, living in a new democracy, you fight for the rights not only of people that look like you, but for everybody, as everyone is entitled to the same benefits and protection of the law.
“I enjoyed travelling the country and internationally, trying to get across this message that human rights were important in our society irrespective of the differences in language, race or religion. I think during that time, the SAHRC became a household name in South Africa.”
Judge Kollapen said that after his term of office ended in 2009, on the brink of unemployment, he was offered a lecturing post at the University of Pretoria. However, he was also offered a position as an acting judge in the Pretoria High Court.
“I decided to take on the acting judge position in January 2010, and a year later I was made permanent, where I served until last year. However, during those years I was also invited to act for six months at the Constitutional Court and Land Claims Court in 2017.
“I had also applied for a permanent post at the Concourt during those years, but was unsuccessful. This did not deter me and I applied again, but yet again, was unsuccessful. However, I tried for a third (time) and was successful.”
New journey
He said he was excited to embark on his new journey.
“While exciting, this position comes with big responsibilities. The Concourt is the last court a person can approach and the decision made in the court can change entire lives.
“But I am ready for this chapter. I have already been in the office since January 1, and it has been a wonderful experience. In life, all you can do is try to be the very best you can be.”
Judge Kollapen, who is married to Rani and has three daughters, said he was grateful for his strong support structure.
“From the beginning of my life, I have had a great support system from my late parents, my wife of over 40 years, my children and my community. I still live in the same community with people I have known almost all my life.
“I am grateful for their love and respect. They are also proud of my achievements but at the same time they still treat me as an ordinary community member.”
Judge Kollapen’s advice to others? “Every day you learn new and different lessons. You should embrace these and then go out and see how you can use this knowledge to make a positive contribution to society.”
In his spare time, Judge Kollapen enjoys reading, listening to music and spending time with his grandchildren, aged 10, 7 and 5.
“They are a very important part of my life, probably my best friends.”