AS we celebrate the life of one of South Africa’s great legal minds we are, unfortunately, witnesses to a world at war, not only on one front but tragically so, on two. Old divides have resurfaced, and historical geopolitical positions are being entrenched.
Across the globe divides are deepening and, in the process, innocent bystanders become the victims in conflicts where there are no winners.
The former Chief Justice Pius Langa became known for his measured approach to judgements, clothing his carefully worded views with a strong measure of ubuntu, but also encouraging his esteemed colleagues on the highest bench to “do the right thing”.
He broadened the way we view the law and made an immeasurable contribution towards a much more inclusive legal philosophy.
Those global leaders who are quick to harsh actions and judgement and even quicker to choose sides and encourage warring parties to engage in battle could do with a calm reflection of those words: “Do the right thing” without rushing to positions that are cast in stone.
None of the current (and past) global conflicts come with an easy history nor simple solutions.
History has taught us that in every conflict there are rights and wrongs, and often, however difficult it is to stomach, on both sides.
I am, when reflecting on both the global turbulence as well as our own fragile democracy, reminded of the Biblical truth: Blessed are the peacemakers.
Blessed, in my view are those who attempt to find win-win solutions where others stoke the flames of conflict even higher.
When the centre is struggling to hold, as is the case with both the international community as well as here in South Africa, it is always the peacemakers who shape our destiny away from conflict, war division and hatred.
Pius Langa’s story is one that, in many ways, reflects that of struggle, determination and of a leader, who with conviction, put the past behind him and dedicated his life to building a better, more balanced society.
From poverty and long hours of sweat in a shirt factory, he studied day and night to eventually become the second Chief Justice of our new, post-1994 nation.
The architects of our hard-fought democracy, including the late Chief Justice Langa, will not be proud of the perilous state of both our country, as well as our legal fraternity.
In that context, icons such as he, Madiba and Archbishop Tutu will be disappointed at the slim harvest of democracy.
Recent developments have shown that the gulf between the legislative and executive branches on the one side and the judiciary on the other side, have deepened, and the constitutionally embedded respect between them slowly being whittled away.
As an example, the Zondo Commission bequeathed us with a framework on how to re-design and correct the obvious flaws on both the executive branch as well as the legislative branch.
Sadly, very little has come of it and the reaction to it, in the face of all the carefully scripted corrective proposals has resulted in hardly anything more than token action.
In this state of tension, and often disrespect, the executive has taken aim at the judiciary, and the judiciary has reacted by stating its deep disappointment with the lack of action from both the Government and the National Assembly.
It is a shocking state of affairs when, only thirty years into liberation, the three pillars of the state are at serious odds with one another.
What we are witnessing is the slippery slope of a government that uses its majority to sweep under the mattress evidence of wrongdoing, and in doing so, neglecting their constitutional and sacred duty to “do the right thing”.
In doing so, its support amongst the broader population is ebbing away.
The government, and the governing party, can no longer claim that they are the moral leaders, nor the conscience of society.
The cancer of public sector corruption is growing despite the many promises to clear up the shameful legacy of state capture.
The power of the judiciary to act as an independent arbiter to settle matters in a decisive manner is being undermined by the fact that the current government is more than willing to look the other way when they should, in fact, support judicial reports and findings.
It is a dark and dangerous situation when we are ruled by parliamentary votes, rather than principle.
In this environment of political instability where we must plead for basic rights such as electricity, water and stable infrastructure, we are witnessing the emergence of a debate on how we can mobilize peaceful resistance to the cynical management of our hard-earned taxes.
Faced with a bloated public-sector, state-owned enterprise in a state of collapse, and a judiciary having to fight for its clearly defined constitutional mandate, we need strong leadership to illustrate that indeed we are moving towards a better life for all, and not a better life for a small group of well-connected politicians and businessmen and women.
Pius Langa was a leader, a peacemaker, and a jurist who understood that Justice, and retribution, should be tempered by mercy.
More importantly, he understood that our precious democracy should be imbued by the spirit of ubuntu, honesty, and servanthood leadership.
Our beloved country cries out for leaders of impeccable character to reach across all divides and take a new look at what the drafters of our Constitution had in mind when it was first completed in 1996.
We are facing many dangerous challenges as did the various heads of the Constitutional Court and those of us at the mercy of what seems to be an uncaring government, intent on staying in power despite having very little to show but promises.
Every single one of us has the duty, as I have, to mobilize all our energies, to shape our future in such a way that it is better than our past and present.
That duty, and privilege, in honour of Pius Langa, and all he stood for, starts Today.
This is an edited version of Dr Mathews Phosa’s remarks at the 4th Annual Pius Langa Memorial Lecture.
