By Lehlohonolo Lehana.
The Constitutional Court bid farewell to Acting Deputy Chief Justice Mbuyiseli Madlanga with a Special Ceremonial Sitting at the Constitutional Hill in Braamfotein.
The ceremonial session was led by Chief Justice Mandisa Maya and attended by senior figures in the legal fraternity, the executive, and Parliament.
Madlanga delivered his last judgement on the 20-year case between Vodacom and ‘Please Call Me’ inventor, Nkosana Makate.
The telecoms giant is appealing a Supreme Court of Appeal (SCA) ruling that overturned its initial R47 million offer to Makate, which he rejected in 2019.
Madlanga send the matter back to the SCA, with the court ordering that it be heard by a different panel of judges.The court found that the supreme court failed in its “duty of proper consideration” when considering the case.
Makate has been ordered to pay the legal costs of Vodacom’s counsel at the constitutional court, including the cost of three senior counsel. The judgment was unanimous.
This court has agonised over Vodacom’s submissions about a court’s disregard of facts constituting a failure of justice,” said Madlanga.
The constitutional court found that the SCA failed in its duty by not granting Vodacom a fair trial.
Madlanga said the appeals court, in its appraisal of the matter, failed to determine whether the determination made by Vodacom Group CEO Shameel Joosub that Makate should be awarded R47-million was indeed inequitable.
Furthermore, Madlanga said the appeals court appeared not to have considered whether the alternative calculation model given by Makate, in which claimed he should be awarded R9.6-billion, was incorrect – even though there was evidence to suggest that it was.
Maya praised Madlanga for his remarkable intellect, humility, and unwavering dedication to justice.
“Justice Madlanga’s impact has not been confined to the courtroom,” Maya said during a special sitting of the Constitutional Court, held to honour his 17 years on the bench.
Maya said Madlanga played a pivotal role as chief evidence leader in the Marikana Commission of Inquiry, saying he brought “clarity and compassion to one of the most painful chapters in our democracy”.
“His leadership ensured that the voices of the victims were heard and that accountability was pursued with rigour,” she said.
Maya also highlighted Madlanga’s achievements during his tenure as chairperson of the Exchange Control Amnesty Unit, which recovered R68 billion in offshore assets, secured R2.9 billion in levies, and expanded the tax base by R1.4 billion – accomplishments she described as “a global benchmark for financial accountability”.
In academia, Madlanga served as a visiting professor at several prestigious institutions and was instrumental in judicial education through his editorship of the South African Judicial Education Journal.
Madlanga, 63, is preparing for his next chapter as chairperson of the Commission of Inquiry into interference and protection of criminal elements within the South African Police Service (SAPS).
The commission is expected to costs the taxpayers an estimated R147.9 million over six months.
The commission was established by President Cyril Ramaphosa, will investigate allegations of corruption and collusion within the criminal justice system made by KwaZulu-Natal Police Commissioner Nhlanhla Mkhwanazi.
The department of Justice and Constitutional Development will oversee the procurement process for the commission’s operations.
It says that due to the timeframes involved, it has applied to the National Treasury for a deviation from standard procurement processes for the commission.
Public hearings are expected to begin in August, although no specific date has been confirmed due to ongoing evidence assessments and consultations.
Madlanga stressed the importance of public trust and transparency and confirmed that consultation with the commission’s first witness is imminent.
Watch Live in the video below:
Video Courtesy of JRSA.