Kate O'Regan
Kate O'Regan | |
---|---|
Deputy Chief Justice of South Africa | |
Acting February 2008 – May 2008 | |
Justice of the Constitutional Court of South Africa | |
In office November 1994 – 11 October 2009 | |
Nominated by | Judicial Service Commission |
Appointed by | Nelson Mandela |
Personal details | |
Born | South African citizenship | 17 September 1957
Spouse(s) | Alec Freund, SC |
Children | 2 |
Alma mater | University of Cape Town University of Sydney London School of Economics |
Catherine "Kate" O'Regan (born 17 September 1957) is a former judge of the Constitutional Court of South Africa.[1][2] From 2013 to 2014 she was a commissioner of the Khayelitsha Commission[3] and is now the inaugural director of the Bonavero Institute of Human Rights at the University of Oxford.[4]
Early life
O'Regan was born in
O'Regan studied at the
In 1985, O'Regan went to
Judicial career
In 1994, O'Regan was appointed to the newly formed Constitutional Court of South Africa by Nelson Mandela.[1] Aged only 37, O'Regan's appointment was surprising even to her.[5][8] She and Yvonne Mokgoro were the only female judges on the Court for its first 13 years.
O'Regan's first majority judgment was
O'Regan's judgment in ACDP v Electoral Commission, dealing with the
O'Regan wrote several judgments on
In the
In
O'Regan's fifteen-year term ended in October 2009. Her last judgment for the Court,
Nevertheless, O'Regan was hailed on her retirement as a "stalwart" of the Court, "among its most industrious, as well as progressive, members".[44] In the view of Johann Kriegler, her long-standing colleague, she was "the most outstanding success of the Constitutional Court".[45] Edwin Cameron has said she is "one of the finest minds ever appointed as a judge in South Africa".[46] After O'Regan retired, along with Pius Langa, Yvonne Mokgoro and Albie Sachs, these four founding members of the Court were replaced by President Jacob Zuma's first raft of senior judicial appointees.[47] This significant change in the Court's composition was seen by some as marking the start of its decline.[48]
Acting DCJ
From February to May 2008, O'Regan acted as Deputy Chief Justice in the absence of Dikgang Moseneke.[1] It was during this period that John Hlophe allegedly approached judges Chris Jafta and Bess Nkabinde to influence their decision in litigation involving Jacob Zuma.[8]
Dalai Lama controversy
In March 2009, the South African government refused a visa to the Dalai Lama to attend a peace conference.[49] This perceived capitulation by the ruling African National Congress to pressure from China was widely condemned,[50] including by then Minister of Health Barbara Hogan.[51] O'Regan also spoke out, publicly agreeing with Hogan and expressing her "dismay" that "human rights does not seem to enter into the picture of some foreign affairs decisions that are made".[52][53] O'Regan was heavily criticised by the government and the Black Lawyers Association, which threatened to lay a misconduct complaint against her for "concern[ing] herself with politics".[53]
Other positions and awards
O'Regan is an honorary professor at the
O'Regan is an ad hoc judge of the
In 2013, O'Regan was appointed by Premier Helen Zille as a commissioner, with Vusi Pikoli, of the Khayelitsha Commission, tasked with investigating the alleged breakdown of policing in Khayelitsha township.[3] The Commission released its report in August 2014.[56]
O'Regan has consistently criticised the slow pace of gender transformation in the South African judiciary.[57][58]
Personal life
O'Regan is married to advocate Alec Freund
See also
References
- ^ a b c d e f g h "Profile: Justice Kate O'Regan". Constitutional Court of South Africa. Retrieved 9 November 2008.
- ^ ISBN 9781868729036.
- ^ a b c d "Kate O'Regan (Khayelitsha Commission profile)".
- ^ "Kate O'Regan". Oxford Law Faculty. 16 July 2015. Retrieved 17 February 2017.
- ^ a b c d e f g h "LRC Oral History Project: Kate O'Regan" (PDF). 30 July 2008.
- ^ JSC interview: Catherine O'Regan (3 October 1994), concourt.org.za.
- ^ "Constitutional Court Oral History Project: Geoff Budlender" (PDF). 6 January 2012.
- ^ a b "Book of SA women judges". Mail & Guardian. 4 August 2009.
- ^ S v Bhulwana, S v Gwadiso (1995) ZACC 11; 1996 (1) SA 388 (CC).
- ^ Premier, Province of Mpumalanga and Another v Executive Committee of the Association of Governing Bodies of State Aided Schools: Eastern Transvaal (1998) ZACC 20; 1999 (2) SA 91 (CC).
- ^ Permanent Secretary of the Department of Education of the Government of the Eastern Cape Province and Another v Ed-U-College (PE) (Section21) (2000) ZACC 23; 2001 (2) SA 1 (CC).
- ^ Dawood and Another v Minister of Home Affairs and Others; Shalabi and Another v Minister of Home Affairs and Others; Thomas and Another v Minister of Home Affairs and Others (2000) ZACC 8; 2000 (3) SA 936 (CC).
- ^ Bato Star Fishing (Pty) Ltd v Minister of Environmental Affairs and Tourism and Others (2004) ZACC 15; 2004 (4) SA 490 (CC).
- ^ African Christian Democratic Party v Electoral Commission and Others (2006) ZACC 1; 2006 (3) SA 305 (CC).
- ^ Richter v The Minister for Home Affairs and Others (with the Democratic Alliance and Others Intervening, and with Afriforum and Another as Amici Curiae) (2009) ZACC 3; 2009 (3) SA 615 (CC).
- ^ National Union of Metal Workers of South Africa and Others v Bader Bop (Pty) Ltd and Another (2002) ZACC 30; 2003 (3) SA 513 (CC).
- ^ Fredericks and Others v MEC for Education and Training, Eastern Cape and Others (2001) ZACC 6; 2002 (2) SA 693 (CC).
- ^ Chirwa v Transnet Limited and Others (2007) ZACC 23; 2008 (4) SA 367 (CC).
- ^ Gcaba v Minister for Safety and Security and Others (2009) ZACC 26; 2010 (1) SA 238 (CC).
- ^ de Vos, Pierre (7 October 2009). "Constitutional Court tries to fix its own balls up". Constitutionally Speaking.
- ^ Ngcukaitobi, Thembeka (2012). "Precedent, separation of powers and the Constitutional Court". Reinventing Labour Law.
- ^ Hoexter, Cora (2012). Administrative Law in South Africa. Juta.
- ^ Sidumo and Another v Rustenburg Platinum Mines Ltd and Others (2007) ZACC 22; 2008 (2) SA 24 (CC).
- ^ Khumalo and Others v Holomisa (2002) ZACC 12; 2002 (5) SA 401 (CC).
- ^ Rail Commuters Action Group v Transnet Ltd t/a Metrorail (2004) ZACC 20; 2005 (2) SA 359 (CC).
- ISBN 9781847317001.
- ^ K v Minister of Safety and Security (2005) ZACC 8; 2005 (6) SA 419 (CC).
- ^ Galgut, Hayley (17 June 2005). "We must be able to trust our cops". Mail & Guardian.
- ^ Evans, Jenni (13 June 2005). "Rape by cops: State loses court case". Mail & Guardian.
- ^ Fagan, Anton (2009). "The confusions of K". South African Law Journal. 126.
- ^ Wagener, Stephen (2008). "K v Minister of Safety and Security and the increasingly blurred line between personal and vicarious liability". South African Law Journal. 125.
- ^ F v Minister of Safety and Security and Another (2011) ZACC 37; 2012 (1) SA 536 (CC).
- ^ H v Fetal Assessment Centre (2014) ZACC 34; 2015 (2) SA 193 (CC).
- ^ Steenkamp NO v Provincial Tender Board of the Eastern Cape (2006) ZACC 16; 2007 (3) SA 121 (CC).
- ^ Prinsloo v Van der Linde and Another (1997) ZACC 5; 1997 (3) SA 1012 (CC).
- ^ Satchwell v President of the Republic of South Africa and Another (2003) ZACC 2; 2003 (4) SA 266 (CC).
- ^ Minister of Home Affairs and Another v Fourie and Another (2005) ZACC 19; 2006 (1) SA 524 (CC).
- ^ S v Jordan and Others (Sex Workers Education and Advocacy Task Force and Others as Amici Curiae) (2002) ZACC 22; 2002 (6) SA 642 (CC).
- ^ Xaso, Lwando (31 August 2014). "Top level of judiciary mostly male". IOL.
- ^ Mazibuko and Others v City of Johannesburg and Others (2009) ZACC 28; 2010 (4) SA 1 (CC).
- ^ Dugard, Jackie (21 October 2009). "Constitutional Water Rights Judgment Gets It Wrong". SACSIS.org.za.
- ^ Dugard, Jackie (2010). "Civil action and legal mobilisation: The Phiri water meters case" (PDF). Constitutional Court Review. Archived from the original (PDF) on 4 March 2016. Retrieved 15 June 2015.
- ^ de Vos, Pierre (13 October 2009). "Water is life (but life is cheap)". Constitutionally Speaking.
- ^ Calland, Richard (2013). "The Zuma Years (extract)". TheConMag.
- ^ "Constitutional Court Oral History Project: Johann Kriegler" (PDF). 24 November 2011.
- ^ Cameron, Edwin (16 January 2012). "Constitutional Court Oral History Project" (PDF). Wits.
- ^ Alcock, Sello; Russouw, Mandy (29 May 2009). "Zuma's judges dilemma". Mail & Guardian.
- ^ "Constitutional Court Oral History Project: Hugh Corder" (PDF). 4 January 2012.
- ^ "Dalai Lama denied visa for South Africa peace conference". CNN. 23 March 2009.
- ^ "Outrage at Dalai Lama snub". IOL. 22 March 2009.
- ^ De Vos, Pierre (25 March 2009). "Thank you Dalai Lama, you have made us proud". Constitutionally Speaking.
- ^ "Kate O'Regan wades into Dalai Lama debate". Mail & Guardian. 26 March 2009.
- ^ a b Mangxamba, Sivuyile (30 March 2009). "BLA attacks judge for Dalai Lama decision". IOL.
- ^ "Justice Kate O'Regan To Discuss South Africa's Constitutional Court at Sept. 13 Newman Lecture". Yale Law School. 13 August 2012. Archived from the original on 6 September 2015. Retrieved 14 June 2015.
- ^ a b c d "Board profile: Kate O'Regan". Corruption Watch.
- ^ "Towards a Safer Khayelitsha" (PDF). Khayelitsha Commission. August 2014. Retrieved 3 September 2014.
- ^ Bathembu, Chris (23 June 2009). "SA needs more women on the bench - Judge O'Regan". SAnews.gov.za.
- ^ "Pace of gender transformation a concern - O'Regan". Legalbrief. 17 April 2013.
- ^ "LRC Oral History Project: Alec Freund" (PDF). 21 July 2008.