Sunday Times

Edwin Cameron’s place among SA’s galaxy of judicial stars is assured

- RONALD LA MOLA Lamola is minister of justice & correction­al services

Judge Edwin Cameron, the recently retired Constituti­onal Court justice, is a classic example of what our constituti­on envisions for society. Former Constituti­onal Court justice Albie Sachs posits that if we were to do a DNA test on SA’s constituti­on, we would find the DNA of Oliver Tambo all over it. I would posit that if we were to personify the constituti­on, Cameron would come very close to a personifie­d image of it.

Over the years his leadership on the social challenges confrontin­g SA has been critical, especially interventi­ons for the working class. In his judgments, both in and out of the courts, he has displayed an uncanny ability to clothe himself in the struggles of the most vulnerable in society.

His voice on the question of the HIV/Aids epidemic was profound and critically urgent, particular­ly when he said: “I am not a medical expert, I am not a scientist or a doctor. But if we are to give people with HIV and Aids greater involvemen­t in this epidemic, then we must all have a voice.”

Cameron has been a role model to many, including my own

generation and those before me, both as a citizen of our country and as a jurist.

With so many challenges in SA, I am not sure whether to bid farewell or welcome Cameron to the list of judges that will be called upon for national duty from time to time, for either commission­s of inquiry or other bodies of national importance.

Judges do not retire; they will always be called upon and sometimes retired judges become busier than when they were on the bench.

Judges never retire; even in death their judgments will speak for generation­s to come; they will be used for references long after they have departed — by courts, academics, practition­ers and society as a whole.

Generation­s to come will continue to imbue the knowledge of Cameron, because a judge makes rulings even from the grave. I have no doubt that with the contributi­ons he has made to our jurisprude­nce he belongs to a prestigiou­s group of judges that will rule from the grave by reference.

When former president Nelson Mandela called Cameron to the bench after 1994, he had wanted him to make equality before the law a living reality for our people. He wanted him to translate the transforma­tive ethos of our constituti­on into tangible outcomes for the people. In other words, Mandela wanted every South African to feel and touch the constituti­on through his work on the bench, as Cameron identified with the challenges facing the masses of our people, particular­ly the poor and the downtrodde­n.

I have no doubt that Cameron’s academic background and practice in labour law influenced his consciousn­ess as he came face to face with the discrimina­tion and exploitati­on of black workers. It is precisely that which must have prepared him as a true South African lawyer with intimate knowledge of the conditions of the majority of the people of this country and the challenges facing lawyers, using law as an instrument for change.

This made him understand that transforma­tion is not just a nice concept but that it must happen for us to have a stable democracy.

Today our fiscus is severely constraine­d because of corruption and state capture, our economy is stagnant and unemployme­nt is on the rise. As society we are indebted to Cameron and his colleagues in the judiciary for preventing the complete collapse of our country.

The judiciary’s enforcemen­t of the constituti­on came like divine interventi­on. In many ways, the ANC’s Ready to Govern document had foreseen these future challenges, hence the proclamati­on that the judiciary must be independen­t.

Equally, as a prominent human rights activist, Cameron has been a leading champion for the rights of the LGBTI community in SA and internatio­nally.

He has shown that criticism of the judiciary is allowed where necessary but that it must be fair and informed; it must not descend, as we see today, into personal attacks on judges or the judiciary without facts or substance.

Personal attacks on judges or the judiciary do not contribute anything positive to our jurisprude­nce or to our body politic; they distract our society from dealing with the real issues facing it and must be condemned from whatever quarter they come from.

Cameron will, therefore, be counted among the galaxy of stars whenever the history of our jurisprude­nce is narrated, among which are the late Dullah Omar, justice Arthur Chaskalson, justice Richard Goldstone, justice Pius Langa and many other esteemed retired judges who continue to be of esteemed service to our country in line with the motto “judges never retire”.

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