Mandela, Human Rights and the Making of South Africa’s Transformative Constitution

Abstract

Since 1994, numerous books have been written about South Africa’s leadership of the human rights revolution. Such narratives lie at the heart of Nelson Mandela’s Long Walk to Freedom and George Bizos’ Odyssey to Freedom: A Memoir by the World-Renowned Human Rights Advocate, Friend and Lawyer to Nelson Mandela. More recently, historians have taken a clearer-eyed view of the African National Congress’s (ANC) late conversion to the language of rights. They have mainly looked at how the ANC, an organisation rhetorically committed to revolution and suspicious of ‘bourgeois rights’, made an abrupt about-turn and adopted human rights discourses in the late 1980s. This article takes a different course, opening up debates about the different meanings that rival groups of anti-apartheid lawyers attributed to the notion of human rights. At the start of the 1980s, there was little common ground between the mainly liberal, mainly white, Lawyers for Human Rights, the Black Lawyers Association’s demands for ‘rights and recognition’ and ANC exiles’ search for ‘a liberated law’ and ‘popular justice’. I trace how these three broad strands of legal thinking converged during the 1980s around a common set of ideas: speaking of ‘positive freedoms’ that would undo the inequalities of the apartheid regime. By shepherding together these different groupings, the ANC leadership entered the constitutional negotiations that would usher in South Africa’s democratic transition as the champion of human rights and ‘transformative constitutionalism’. None the less, sharp disagreements remained between rival groupings. This is one reason, I suggest, why ‘Mandela’s constitution’ has recently become a lightning rod for bitter debates about race and inequality and, more broadly, the meaning of human rights and transformation.

Acknowledgements

I would like to thank Colin Bundy for organising the workshop where I first tried out these arguments; also Peter Brett, Juliette Genevaz and JSAS’s anonymous reviewers. Watching the Social and Economic Rights Institution (SERI) at work at first hand made me think about these issues – many thanks, particularly, to Julian Brown and Stuart Wilson.

Notes

1 Constitutional Court Oral History Project (hereafter CCOHP), interview with George Bizos, 25 January 2012, p. 5, available at http://www.historicalpapers.wits.ac.za/?inventory/U/collections&c=AG3368/R/9114, retrieved 20 June 2018.

2 C. Sunstein, ‘Social and Economic Rights? Lessons from South Africa’, Constitutional Forum, 11, 4 (2000/2001), pp. 123–32; M. Tushnet, Weak Courts, Strong Rights: Judicial Review and Social Welfare Rights in Comparative Constitutional Law (Princeton, Princeton University Press, 2008).

3 N. Mandela, Long Walk to Freedom (London, Abacus, 1995); G. Bizos, Odyssey to Freedom: A Memoir by the World-Renowned Human Rights Advocate, Friend and Lawyer to Nelson Mandela (Houghton, Random House, 2007).

4 E. Borgwacht, A New Deal for the World: America’s Vision for Human Rights (Cambridge, Mass., Belknap Press, 2007); D.M. Davis, ‘Constitutional Borrowing: The Influence of Legal Culture and Local History in the Reconstitution of Comparative Influence’, International Journal of Constitutional Law, 1, 2 (2003), pp. 181–95; H. Klug, Constituting Democracy: Law, Globalism and South Africa’s Political Reconstruction (Cambridge, Cambridge University Press, 2000).

5 C. Sunstein, Designing Democracy: What Constitutions Do (Oxford, Oxford University Press, 2001), pp. 221–38; T. Roux, The Politics of Principle: The First South African Constitutional Court (Cambridge, Cambridge University Press, 2013), pp. 15–71, 262–303.

6 Y. Dezalay and B. Garth, The Internationalization of the Palace Wars: Lawyers, Economists, and the Contest to Transform Latin American States (Chicago, University of Chicago Press, 2002).

7 T. Dunne and M. Hanson, ‘Human Rights in International Relations’, in M. Goodhardt (ed.), Human Rights: Politics and Practice (Oxford, Oxford University Press, 2009), pp. 42–57.

8 S. Dubow, South Africa’s Struggle for Human Rights (Athens, Ohio University Press, 2012), pp. 9–16; P. Brett, ‘The New Historiography of Human Rights’ (unpublished paper, 2013), available at https://www.e-ir.info/2013/02/18/review-the-new-historiography-of-human-rights/, retrieved 18 June 2018.

9 P. Brett, ‘Explaining South Africa’s Bill of Rights: An Interpretive Approach’, Commonwealth and Comparative Politics, 52, 3 (2014), pp. 423–42; H. Brooks, ‘Merging Radical and Liberal Traditions: The Constitution Committee and the Development of Democratic Thought in the African National Congress, 1986–1990’, Journal of Southern African Studies, 44, 1 (2018), pp. 167–84; Dubow, South Africa’s Struggle for Human Rights; M. Gevisser, Thabo Mbeki: The Dream Deferred (Johannesburg, Jonathan Ball, 2007), pp. 526–37; O. Greene, ‘The Embryonic State: Idealisms in an Armed Struggle’, Radical History Review, 119 (2014), pp. 146–60; H. Macmillan, Jack Simons (Johannesburg, Jacana, 2016), pp. 126–33; H. Macmillan, Oliver Tambo (Johannesburg, Jacana, 2017), pp. 112–31; Z.P. Jordan, Letters to My Comrades (Johannesburg, Jacana, 2017), pp. 51–76.

10 This celebrated article judiciously synthesised South Africa’s divergent human rights traditions: P. Langa, ‘Transformative Constitutionalism’, Stellenbosch Law Review, 17, 3 (2006), p. 352.

11 I primarily draw on interviews conducted by the Legal Resources Centre Oral History Project (hereafter LRCOHP), the CCOHP, and the interviews and biographical files of the Gerhart–Karis Collection (hereafter GKC), which are all found at the University of Witwatersrand Historical Papers.

12 If civil/political rights and socio-economic rights are considered to be first and second generation human rights, then ‘third generation’ human rights relate broadly to group and collective rights.

13 J. Oloka-Onyango, ‘Review: Liberating the Law’, Canadian Journal of African Studies, 28, 2 (1994), p. 362.

14 GKC, Albie Sachs interviewed by Gail Gerhart, 9 September 1997.

15 R. Spitz and M. Chaskalson, The Politics of Transition: A Hidden History of South Africa’s Negotiated Settlement (Johannesburg, Wits University Press, 2000); H. Corder, ‘South Africa’s First Bill of Rights: Random Recollections of one of its Drafters’, International Journal of Legal Information, 32, 2 (2004), pp. 316–7.

16 S. Moyn, The Last Utopia: Human Rights in History (Cambridge, Mass., Belknap Press, 2010); J. Eckel and S. Moyn (eds), The Breakthrough: Human Rights in the 1970s (Philadelphia, University of Pennsylvania Press, 2014).

17 K. Broun, Saving Nelson Mandela: The Rivonia Trial and the Fate of South Africa (New York, Oxford University Press, 2012).

18 Similarly, Joel Joffe (1932–2017), another of the Rivonia defence lawyers, later played a key role in the London-based International Defence and Aid Fund (IDAF).

19 CCOHP, interview with George Bizos, 25 January 2012; LRCOHP, interview with George Bizos, 4 December 2007; Bizos, Odyssey to Freedom, pp. 175–90; Dubow, South Africa’s Struggle for Human Rights, pp. 75–7; G. Klein, ‘The British Anti-Apartheid Movement and Political Prisoner Campaigns, 1973–1980’, Journal of Southern African Studies, 35, 2 (2009), pp. 455–70.

20 D. Herbstein, ‘Obituary: Phyllis Altman’, Guardian, London, 25 September 1999.

21 H. Thorn, Anti-Apartheid and the Emergence of a Global Civil Society (Basingstoke, Palgrave Macmillan, 2006); Dubow, South Africa’s Struggle for Human Rights, p. 78.

22 Detractors called him ‘a legal fat-cat’: I. Burrell, ‘High Fees Put Legal QCs in the Dock’, Independent, London, 18 June 1998.

23 LRCOHP, interviews with: Geoff Budlender, 14 December 2007; Arthur Chaskalson, 4 December 2007; Sydney Kentridge, 15 February 2006. The Oppenheimer Trust, a self-proclaimed supporter of liberal reform, was the LRC’s only significant South African funder.

24 Bizos, Odyssey to Freedom, p. 429.

25 CCOHP, interview with Johann Kriegler, 24 November 2011; Bizos, Odyssey to Freedom, p. 431; Dubow, South Africa’s Struggle for Human Rights, pp. 84–6.

26 Bizos, Odyssey to Freedom, pp. 429–31.

27 LRCOHP, interviews with: Dennis Davis, 5 September 2008; John Dugard, 18 November 2008; Peter Harris, 6 December 2007.

28 R. Abel, Politics by Other Means: Law in the Struggle Against Apartheid, 1980–1994 (London, Routledge, 1995), pp. 125–72.

29 LRCOHP, interview with Catherine Albertyn, 4 August 2008. S. Hassim, Women’s Organisations and Democracy in South Africa: Contesting Authority (Madison, University of Wisconsin Press, 2006), pp. 129–64.

30 LRCOHP, interview with Aninka Claassens, 17 August 2008. A. Claassens, ‘Compensation for Expropriation: The Political and Economic Parameters’ (Community Law Project working paper, University of the Western Cape, 1993), available from https://dullahomarinstitute.org.za/about-us/our-historical-publications, retrieved 18 June 2018. Spitz and Chaskalson, The Politics of Transition, p. 316.

31 ‘The [LRC] Johannesburg office was a tough place … for people who didn’t have a NUSAS background … for those who weren’t part of the team’ – LRCOHP, interview with Geoff Budlender, 14 December 2007. Also: LRCOHP, interview with Mohammed Navsa, 4 December 2008.

32 CCOHP, interview with Geoff Budlender, 6 January 2012. LRCOHP, interview with Jack Greenberg, 8 November 2007. Bizos, Odyssey to Freedom, pp. 471–3. Admittedly, Greenberg invited ANC exiles to Columbia, but, reading between the lines, there was often a sense of unease: cf. T. Hughes, ‘Interview with Albie Sachs’, Reality, Johannesburg, July 1990, p. 93; GKC, Tom Karis interview with Zingilize Jobodwana, 12 May 1989; GKC, Penuell Maduna interviewed by Gail Gerhart, Spring 1987.

33 Dezalay and Garth, Palace Wars, pp. 69, 127–9, 137–8, 147–9; also T. Shaw, ‘Tribute to Jack Greenberg’, Columbia Law Review, 117, 5 (2017), pp. 1057–67.

34 Bizos, Odyssey to Freedom, pp. 418–21.

35 Mandela, Long Walk to Freedom, p. 173 (emphasis added).

36 L. Pruitt, ‘No Black Names on the Letterhead? Efficient Discrimination and the South African Legal Profession’, Michigan Journal of International Law, 23, 3 (2002), p. 562.

37 D. Moseneke, My Own Liberator: A Memoir (Johannesburg, Pan Macmillan, Kindle Edition), KL 2851–2, 2865–9; ‘History of the Black Lawyers’ Association’ (n.d.), available at http://www.bla.org.za/asp/content_sub.asp?id=4andsid=3, retrieved 16 June 2017.

38 More broadly, this was the time when communitarian political philosophies, exemplified by thinkers such as Alastair MacIntyre and Michael Sandel, were challenging the liberal theories of equality espoused by John Rawls and Ronald Dworkin.

39 Moseneke, My Own Liberator, KL 3397–400.

40 Ironically, Jack Greenberg came to epitomise 1980s debates about race and representation in the USA, when African American students boycotted a course he taught at Harvard, protesting that it should instead by taught by tenured black professors – cf. Shaw, ‘Tribute to Jack Greenberg’, pp. 1063–4.

41 Moseneke, My Own Liberator, KL 3456–7.

42 Justice Sandile Ngcobo biography (n.d.), available at https://www.concourt.org.za/index.php/judges/former-judges/11-former-judges/66-chief-justice-sandile-ngcobo, retrieved 22 October 2019.

43 CCOHP, interview with Albie Sachs, p. 69. Also, CCOHP interviews with: Edwin Cameron, 9 December 2011, p. 34; Sibongile Dube, 19 December 2011, pp. 6–8.

44 GKC, Dikgang Moseneke interviewed by Gail Gerhart, 2 July 1980, 26 February 1986. Also: CCOHP, interview with Pius Langa, 1 December 2011; Bizos, Odyssey to Freedom, pp. 33, 431–2; LRCOHP, interview with Nicholas Haysom, 8 February 2008.

45 Moseneke, My Own Liberator, KL3354–61. Zingilise Jobodwana complained that the vast legal fees swallowed by white defence lawyers during the Delmas Treason Trial threatened to bankrupt IDAF – cf. GKC, Zingilize Jobodwana interviewed by Tom Karis, 12 May 1989.

46 Dubow debunks the mythology of the Freedom Charter while noting that it has become an important symbol for constitutionalists in South Africa: Dubow, South Africa’s Struggle for Human Rights, pp. 13–14, 68–74.

47 GKC, Dullah Omar interviewed by Tom Karis, 29 November 1989.

48 ‘History of the BLA’.

49 GKC, Dumisa Ntsebeza interviewed by Gail Gerhart, 6 November 1987. ‘History of the BLA’. Strikingly, a number of senior figures in the BLA – including Monjaku Gumbi, Dumisa Ntsebeza and Willie Seriti – held senior positions in the Azanian Peoples’ Organisation during this period: cf. ‘Proud to be Black’, Speak, Johannesburg, February 1994, p. 6.

50 LRCOHP, interview with Albie Sachs, pp. 38–9, 42. CCOHP, interview with Albie Sachs, p. 6. On the political pilgrims who made Mozambique their home, see M. Hall and T. Young, Confronting Leviathan: Mozambique since Independence (London, Hurst, 1997), pp. 62–3.

51 A. Sachs and G. Honwana-Welch, Liberating the Law: Creating Popular Justice in Mozambique (London, Zed Books, 1990), p. 6.

52 LRCOHP, interview with Albie Sachs, pp. 38–9, 42. See also Sachs and Honwana-Welch, Liberating the Law, pp. 9–11. A. Sachs ‘Changing the Terms of Debate: A Visit to a Popular Tribunal in Mozambique’, Journal of African Law, 28, 1–2 (1984), pp. 99–106; B. Isaacman and A. Isaacman, ‘A Socialist Legal System in the Making: Mozambique Before and After Independence’, in R. Abel (ed.), The Politics of Informal Justice (London, Academic Press, 1981), pp. 309–20.

53 J. Obarrio, The Spirit of the Laws in Mozambique (Chicago, University of Chicago Press, 2014), p. 46; Sachs and Honwana-Welch, Liberating the Law, pp. 15–16, 111–22.

54 Compare Sachs’ wholehearted advocacy of the disastrous policy of land nationalisation with his half-hearted defence of public floggings: Sachs and Honwana-Welch, Liberating the Law, p. 6. He later said: ‘between 1977 and 1988 I went up with the Mozambican revolution [and] I came down with the Mozambican revolution’, LRCOHP, interview with Albie Sachs, p. 38. His off-the-record comments are interesting too: GKC biographical files, letter from Albie Sachs to Gwen Carter, 16 June 1982; Albie Sachs interviewed by Tom Karis, 24 June 1983; Albie Sachs, ‘Talk at the Phelps–Stokes Fund Dinner’, 5 April 1989.

55 LRCOHP, interview with Albie Sachs, pp. 35–7, 41–2, 45–6.

56 G. Honwana Welch, F. Dagnino and A. Sachs, ‘Transforming the Foundations of Family Law in the Course of the Mozambican Revolution’, Journal of Southern African Studies, 12, 1 (1985) pp. 60–61.

57 Sachs and Honwana-Welch, Liberating the Law, pp. 22–5.

58 A. Sachs, ‘Towards the Reconstruction of South Africa’, Journal of Southern African Studies, 12, 1 (1985), pp. 49–59.

59 LRCOHP, interview with Albie Sachs, p. 45.

60 Sachs and Honwana-Welch, Liberating the Law, p. 24, quoted by Hall and Young, Confronting Leviathan, p. 217. Indeed, Gita Honwana Welch continued her pursuit of community/popular justice after 1990 by leaving Mozambique for the UN system, as the Regional Director of the UN Development Fund for Women (UNIFEM) in southern Africa and later the justice minister in the UN-led transitional government for East Timor.

61 He was targeted – deliberately – on International Women’s Day: J. Pauw, In the Heart of the Whore: The Story of Apartheid’s Death Squads (Johannesburg, Jonathan Ball, 1991), p. 173.

62 Sachs’ closeness to the ANC women’s section was striking – cf. GKC biographical files: ‘An Interview with a Very Remarkable South African’, Monitor, August 1990, p. 88. GKC interview, Albie Sachs, 1989. For a more acerbic appraisal of the ANC women’s section, see Hassim, Women’s Organisations, pp. 116–28.

63 CCOHP, interview with Yvonne Mokgoro, 24 November 2011, p. 15. More broadly: D. Cornell and K. van Marle with A. Sachs, Albie Sachs and Transformation in South Africa; From Revolutionary Activist to Constitutional Court Judge (Abindgon, Birkbeck Law Press, 2014).

64 In the early 1980s, the ANC had 1,500 students studying abroad: T. Lodge, ‘State of Exile: The African National Congress of South Africa, 1976–86’, Third World Quarterly, 9, 1 (1987), p. 13. On studying law at the Universities of Lesotho and Zimbabwe: V. Pikoli and M. Weiner, My Second Initiation: The Memoir of Vusi Pikoli (Johannesburg, Jacana, 2013), pp. 86–90, 186–7. On the University of Zambia: H. Macmillan, The Lusaka Years: The ANC in Exile in Zambia (Johannesburg, Jacana, 2013), pp. 131–2.

65 B. Mabandla, ‘The Situation of Women in a Changing South Africa’ (unpublished report, UN Centre for the Development and Advancement of Women, November 1991); B. Mabandla, ‘Increased Awareness by Women of Their Rights’ (Conference Address, Prague, 1992), both available from https://dullahomarinstitute.org.za/about-us/our-historical-publications, retrieved 18 June 2018. GKC biographical file, Brigitte Mabandla; GKC, Brigitte Mabandla interviewed by P. O’Malley, 13 January 1993.

66 M. Gevisser, ‘This Mensch Is No Man’, Mail and Guardian, Johannesburg, 7 April 1995. GKC, Albie Sachs interviewed by Gail Gerhart, 1989.

67 South African Institute of Race Relations, Race Relations Survey (Johannesburg, SAIRR, 1983), p. 63.

68 The vibrancy of these debates is seen in the many edited collections: for example, J. Stewart and A. Armstrong (eds), Women and the Law in Southern Africa (Harare, University of Zimbabwe Press, 1987); S. Bazilli, Putting Women on the Agenda (Johannesburg, Ravan Press, 1991); J.E. Stewart and W. Ncube with K.C. Dengu-Zvobgo (eds), Standing at the Crossroads: WLSA and the Rights Dilemma (Harare, University of Zimbabwe Press, 1997).

69 T. Gqubule, No Longer Whispering to Power: The Story of Thuli Madonsela (Johannesburg, Jonathan Ball, 2017), pp. 28, 1–62 passim; Hassim, Women’s Organisations, pp. 212–33.

70 Gqubule, No Longer Whispering to Power, pp. 41–55.

71 H. Macmillan, ‘Obituary: Jack Simons’, Journal of Southern African Studies, 21, 4 (1995), p. 690. H. Macmillan, ‘The University of Zambia and the Liberation of Southern Africa, 1966–90’, Journal of Southern African Studies, 40, 5 (2014), pp. 949–51.

72 Nqakula had trained as an attorney with Hintsa Siwisa’s Eastern Cape law practice – cf. C. Nqakula, The People’s War: Reflections of an ANC Cadre (Johannesburg, Real African Publishers, 2017), p. 14.

73 C. Nqakula, ‘Jack Simons: Teacher, Student of Life, Communist’, African Communist, 142 (1995), available at https://omalley.nelsonmandela.org/omalley/index.php/site/q/03lv02424/04lv02730/05lv03005/06lv03006/07lv03105/08lv03116.htm, retrieved 18 June 2018.

74 Nqakula, ‘Jack Simons’.

75 Macmillan, Jack Simons, p. 127.

76 LRCOHP, interview with Albie Sachs, p. 49. See also Nqakula, The People’s War, pp. 18–20; Dubow, South Africa’s Struggle for Human Rights, pp. 94–5, 141 fn147, fn149.

77 Nqakula, The Peoples’ War, p. 19. None the less, MK obstructed the newly appointed officer of justice, Zola Skweyiya, and it took four internal inquiries to get to the bottom of the abuses: Dubow, South Africa’s Struggle for Human Rights, p. 94.

78 Macmillan, Oliver Tambo, p. 122.

79 Mandela, Long Walk to Freedom, pp. 629, 642–4.

80 Nqakula, ‘Jack Simons’. See also Brooks, ‘Constitutional Committee’; Macmillan, Jack Simons, pp. 130–33.

81 Macmillan, Jack Simons, p. 7, 134–41.

82 Z. Skweyiya, ‘Democracy on the African Soil’ (Constitutional Law Centre occasional paper, 1992), available at https://dullahomarinstitute.org.za/about-us/our-historical-publications, retrieved 18 June 2018.

83 GKC, Albie Sachs interviewed by Gail Gerhart, 9 September 1997.

84 Brooks, ‘Constitutional Committee’, p. 174.

85 Dubow, South Africa’s Struggle for Human Rights, p. 111.

86 F. Ginwala, ‘Women and the Elephant: The Need to Redress Gender Oppression’, in Bazilli (ed.), Putting Women on the Agenda, pp. 62–74.

87 A list of publications is found at https://dullahomarinstitute.org.za/about-us/our-historical-publications, retrieved 18 June 2018.

88 Community Law Institute interview with Albie Sachs (n.d.), available at https://dullahomarinstitute.org.za/clc25-interviews, retrieved 18 June 2018.

89 A. Sachs, Protecting Human Rights in a New South Africa (Cape Town, Oxford University Press, 1990).

90 D. Leyshom, ‘Sachs: A Visionary with Resentments’, Monitor, Port Elizabeth, December 1990, pp. 69–71. D. Caldwell, ‘My Group Rights are Better than Yours’, Frontline, Johannesburg, December 1990, p. 11. C. Keegan, ‘Romancing the Revolution’, Leadership, Cape Town, December 1990.

91 J. Mitchell, ‘Another Title Would Serve Cause Better’, Star, Johannesburg, 5 August 1990. (SACP is the South African Communist Party.)

92 CCOHP, interview with Dennis Davis, pp. 12, 19. Indeed, Sachs’ visceral hostility to western liberal theorists such as John Rawls bemused sympathetic interlocutors – cf. GKC, Albie Sachs interviewed by Gail Gerhart, 1989.

93 CCOHP, interview with Dennis Davis, pp. 12–13. Haysom was also close to the ANC’s chief negotiator, Cyril Ramaphosa, having won important cases for Ramaphosa’s National Union of Mineworkers in the 1980s.

94 A sense of this closed, clubby world comes across in the best blow-by-blow account of the process of writing the constitution by Spitz and Chaskalson, The Politics of Transition. CCOHP interviews are also revealing.

95 Langa, ‘Transformative Constitutionalism’, p. 351.

96 A. Sachs, ‘Lean and Clean: But the DP Dodges Difficult Rights’, Weekly Mail, Johannesburg, 6 April 1993.

97 Ibid. More broadly: Spitz and Chaskalson, The Politics of Transition, pp. 301–12.

98 Moseneke, My Own Liberator, KL 4751–2.

99 Dubow, South Africa’s Struggle for Human Rights, p. 112.

100 D. Smuts, ‘Etienne Mureinik’s Contribution to Property Rights’, South African Journal on Human Rights, 14 (1998), pp. 197–200.

101 Moseneke, My Own Liberator, KL 4745–6. More broadly: Spitz and Chaskalson, The Politics of Transition, pp. 313–29.

102 This was a long-standing animus: South African jurists had blocked Sachs from attending a meeting they held with ANC exiles at a 1989 Oxford conference – LRCOHP, interview with Albie Sachs, pp. 52–3; Bizos, Odyssey to Freedom, p. 471.

103 P. Trewhela linked these issues in his obituary of Etienne Murinek in the Independent, 23 July 1996; M. Gevisser, ‘June Sinclair: Velvet Fist in a Glove of Iron’, Mail and Guardian, 4 October 1996.

104 CCOHP, interview with Albie Sachs, p. 6. Moreover, a well organised lobby of Wits law students protested against Yvonne Mokgoro, Kate O’Regan and Albie Sachs during the judicial service commission interviews, instead supporting the candidacy of their law school dean, June Sinclair – CCOHP, interview with George Bizos, pp. 9–10.

105 CCOHP, interview with George Bizos, pp. 10–11.

106 CCOHP, interview with Dennis Davis, p. 18.

107 Moseneke, My Own Liberator, KL4763–95.

108 CCOHP, interviews with: George Bizos, p. 5; Dennis Davis, p. 12; Zak Yacoob, 7 December 2011, p. 9.

109 CCOHP, interview with Albie Sachs, pp. 18–20. D. Ntsebeza, ‘The Transformation of the Judiciary’ (fifth annual Griffiths and Victoria Mxenge memorial lecture, 2014), available at http://law.mandela.ac.za/law/media/Store/documents/mxenge%202014/Mxenge-Lecture-Adv-Ntsebeza.pdf, retrieved 18 June 2018.

110 P. de Vos, ‘What Do We Mean when We Talk about Transformation?’, 27 July 2009, available from http://constitutionallyspeaking.co.za/what-do-we-talk-about-when-we-talk-about-transformation, retrieved 18 June 2018. More broadly: T. Halliday, L. Karpik and M. Feeley (eds), Fates of Political Liberalism in the British Post-Colony: The Politics of the Legal Complex (Cambridge, Cambridge University Press, 2012).