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IFP: Statement by Mangosuthu Buthelezi, Inkatha Freedom Party Leader, nominates Advocate Jeremy Gauntlett for appointment of Justice to the Constitutional Court (14/11/2012)

14th November 2012

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It gives me great pleasure to nominate Advocate Jeremy Gauntlett, SC for
appointment to the impending vacant position of Justice to the
Constitutional Court.

In past rounds of interviews, the Judicial Service Commission determined
that Adv. Gauntlett meets the requirement of being "fit and proper". Both
domestically and internationally, it has become almost axiomatic to refer to
Adv. Gauntlett as one of the best legal minds in South African history. His
contribution on the highest bench of the land will provide luster to our
judiciary and impetus to positive jurisprudential developments.

Adv. Gauntlett's patriotism is beyond doubt. I have known him for 40 years
and can personally vouch for it.

During his judicial and adjudicative experience both on the bench and as an
arbitrator, there has not been a single report on intemperance or anything
that departs from his constant gentlemanly demeanour and conduct.

His exemplary conduct in court, having served a multitude of appointments
with an unblemished disciplinary record for over 35 years, compels me to
motivate strongly for his appointment as Justice to the Constitutional
Court. His professional track record places him in a category comprising our
best lawyers and judges ever.

Adv. Gauntlett has served as Judge of Appeal of the Kingdom of Lesotho
(March 1997 to December 2010), as President of the Court of Appeal of the
University of Cape Town (1993 to 2007), as Appellate Commissioner in the
Special Income Tax Tribunal (1994 to 1997), as Member of the Commercial
Appeals Panel of the Association of Arbitrators of South Africa (1997 to
date), as President of the Labour Appeals Panel of the Association of
Arbitrators of South Africa (1998 to date), with Adv. Lewis Skweyiya SC as
Co-Chairman of the Board of Inquiry into the appointment and conduct of the
Deputy Vice-Chancellor of the University of the Witwatersrand (1996), as
Arbitrator of the national health workers strike dispute (NEHAWU v Transvaal
Provincial Administration) (1993), and as Arbitrator in commercial and
administrative law disputes.  He was appointed in 2007 as international
arbitrator for the International Aviation Trade Association in Geneva, and
for the International Commercial Court in London in 2010, and held acting
appointments on the Cape High Court in 1991, 1993, 1995, 2004 and 2008. He
was Chairman of the South African Law Commission Project and a Member of the
Commission from 1999 to 2006.

In terms of his South African Bar leadership, besides conducting extensive
human rights, educational and pro bono initiatives for transformation, he
was elected to two successive terms of office as Chairman of the Cape Bar
Council and President of the Cape Bar (1997 to 1999), served on the National
Executive of the GCB, was elected to three successive terms of office as
Chairman of the GCB (1999 to 2002), participated in the negotiating and
research process (1999 to date), prepared the draft proposed GCB Bill
through six drafts (2000 to 2001), and thereafter served as a Member of the
Task Team appointed by the then Minister of Justice, and was involved in the
preparation through four drafts of its proposed Bill.

Adv. Gauntlett's extensive international Bar leadership includes, but is not
limited to, serving as Member of the Council of the International Bar
Association (1999 to 2001); Convenor of the Human Rights Working Group of
the Forum for Barristers and Advocates (2002); Chairman of the Organising
Committee for the Second World Bar Conference in Cape Town (2004); Co-Chair
of the IBA's Forum for Barristers and Advocates (2005 to 2007); Bencher of
the Middle Temple, London and Fellow of the International Academy of Trial
Lawyers, New York (2011).

In terms of his professional practice, Adv. Gauntlett was admitted as an
Advocate of the High Court of South Africa in October 1974, commenced
practice at the Cape Bar on 3 January 1977, and has been in continuous
practice since then. He was appointed Senior Counsel with effect from 20
February 1989; was admitted to practice in Botswana, Lesotho, Namibia,
Zimbabwe, England and Wales; and became a Member of the Middle Temple Inn of
Court, London, and of the Bar of England and Wales. He is also a Member of
the Johannesburg Bar, with chambers at Group 621, Rex Welsh House, Sandown.
His fields of interest span from administrative law, human rights and
constitutional law to competition law, labour law, maritime (admiralty) law,
the law of trusts, tax law, media and telecommunications law.

His contribution in South Africa, Namibia and Lesotho is highlighted in a
schedule of some 400 reported judgments as an advocate and acting judge. As
far as is known, this is the highest total achieved by a South African
advocate. The list of his involvement in constitutional and public law
matters is endless.

Adv. Gauntlett's academic appointments include and are not limited to
Lecturer and External Examiner at the University of Cape Town; Visiting
Fellow of New College, Oxford (1991); Honorary Professor in the Faculty of
Law at the University of Stellenbosch (1996 to 1999); Visiting Lecturer at
the University of Paris (2003); University College, London (2004);
participation in the International Workshop on Administrative Justice at
Leeds Castle (June 1999) chaired by Professor Jeffrey Jowell QC; and
delivering (with Sir Sydney Kentridge QC) the 16th Kapila lecture of the
Inns of Court School of Law and the Race Relations Committee of the General
Council of the Bar of England and Wales.

His academic papers include lead papers at the South African Association of
Labour Lawyers National Conference (2004, 2006 and 2010); SADC International
Arbitration Symposium at Le Victoria, Mauritius (2007); and at the 2007
Conference of the Administrative Law Bar Association of England and Wales.
He delivered the main address at ALBA-Liberty-Freedom Under Law Seminar,
Clifford Chance, London (March 2009). His was awarded the Butterworths'
Prize for Legal Writing in 1991, and his publications include contributing
three titles to Joubert (ed) Law of South Africa. He assisted in the
preparation of the Second Edition of Honoré Law of Trusts; wrote the Second
and Third Editions of Quantum of Damages: Principles (Vol I) (series edited
by the Hon. M.M. Corbett); was appointed Consulting Editor of Employment Law
(1998 to date), Chairman (and thereafter Member) of the Editorial Board of
Advocate (1999 to 2003), Member of the Editorial Board of the South African
Law Journal (2003); and has published contributions in SALJ, THR-HR and
Advocate.

Beyond his legal qualifications and experience, Adv. Gauntlett has something
immensely valuable: integrity and independence of judgement. These are
essential characteristics of a fair, impartial and devoted judge.

I have witnessed these characteristics myself when, forty years ago, the
then young Jeremy Gauntlett invited me to speak at Stellenbosch University.
He was then the Chairman of the Students' Representative Council. The
Chancellor of the University was Mr John Vorster, who directed the young
Gauntlett not to allow a rebellious black man like me the benefit of such a
prestigious venue. On the strength of his convictions, the then young Jeremy
Gauntlett had the courage and stamina to defy the man who made the whole of
Africa tremble. I cannot think of any better showing of character in respect
of that which is required of a good judge.

I am confident that the interests of the Republic will be best served by
having Adv Gauntlett serve in our highest court.

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