The Third Justice Moseneke Annual Public Lecture, delivered by Judge Lebogang Modiba who is the Chair of the Special Tribunal of the Republic of South Africa drew some lessons from the Special Tribunal. The Special Tribunal has a statutory mandate to recover public funds syphoned from the fiscus through corruption, fraud and illicit money flows. Judge Modiba has served on the Special Tribunal, which was established to investigate and adjudicate corruption and maladministration in state procurement. She briefly spoke of the Tribunal’s innovative origins but also highlighted challenges, including the lack of independence and political interference, which hamper its effectiveness in combating corruption.
This public lecture recently took place at the University of Venda (UNIVEN) Sports Hall.
Judge Modiba expressed deep honour in delivering the 2024 Justice Moseneke Annual Lecture, acknowledging the immense legacy of Justice Moseneke, who was a pivotal figure in South Africa’s constitutional development. She also acknowledged the initial invitation to Judge Mlambo, who passed it on to her, and paid tribute to the opportunity to address this prestigious lecture series.
Justice Moseneke, an iconic jurist, is renowned not only for his legal acumen but also for his resil-ience, having been imprisoned at age 15 on Robben Island, where he earned his law degree. He was instrumental in shaping South Africa’s constitutional democracy, with his independent-mind-ed, fair, and imaginative legal approach earning him widespread respect. Judge Modiba recalled a formative experience of meeting Moseneke during a Judicial Service Commission interviews in 2015, where the latter’s probing yet reassuring questions left a lasting impression.
Justice Moseneke made monumental contributions to South Africa’s constitutional jurisprudence, especially during his time on the Constitutional Court. His decisions were key in guiding the country through its legal transformation, including his role in the ‘Glenister v The President of the Republic of South Africa’ case, which addressed the constitutionality of the Directorate for Priority Crimes Investigation (DPCI), particularly in terms of its independence from political influence.
The ‘Glenister’ case, in which Justice Moseneke played a central role, found that the DPCI was constitutionally required to be independent but was vulnerable to political interference due to the structure of its enabling legislation. This ruling provided critical lessons on the need for inde-pendent bodies to combat corruption, which resonate with the challenges faced by the Special Tribunal today.
Judge Modiba emphasised that the Special Tribunal faces similar issues of dependency and poten-tial political interference. The President’s role in initiating investigations and appointing the head of the Special Investigation Unit (SIU) poses risks to its independence. This undermines efforts to tackle corruption and maladministration effectively, echoing concerns raised in the ‘Glenister’ case.
Judge Modiba called for reforms to protect the independence of institutions like the Special Tri-bunal. She urged academic institutions, civil society, and citizens to hold the state accountable for failing to meet its constitutional obligations to fight corruption. She drew inspiration from Justice Moseneke’s legacy, advocating that corruption is not just an administrative issue but a constitu-tional and human rights matter.
In concluding, Judge Modiba paid tribute to Justice Moseneke’s enduring legacy, calling on judges, legal practitioners, civil society, and academics to build on his work to strengthen South Africa’s rule of law, justice, and accountability. The lecture underscored the need for collective action to ensure the promise of the country’s constitutional democracy is realised for future generations.
This lecture is a powerful reflection on the ongoing struggle for a just and accountable South Africa, honouring a jurist whose legacy continues to influence the legal landscape today.
Judge Lebogang Modiba (nee Malepe) holds three positions in the South African Judiciary. She has been a judge of the High Court of South Africa, Gauteng Local Division, since 1996, a Judge of the Electoral Court since 2021 and President of the Special Tribunal since May 2022.
In his thematic remarks, the Director of the School of Law, Prof Lonias Ndlovu, said as we celebrate the progress made over the past three decades, we cannot overlook the pressing challenges that continue to confront us. He said among these, is the scourge of corruption which threatens the fabric of our democracy. Prof Ndlovu continued to express that corruption undermines public trust, it erodes the rule of law and disproportionately impacts the most vulnerable in our society. He called on all legal scholars, legal practitioners and custodians of Justice to renew their commitment to combating this cancer.
A group photo of some of School of Law staff members posing with Judge Modiba and Judge Matsaro Violet Semenya (DJP, Limpopo Division) at the Premier Hotel.
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