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The death of Arthur Chaskalson earlier today is a significant loss for South Africa. He embodied the spirit of constitutionalism upon which our democracy is based.
As the founder and initial Director of the Legal Resources Centre he helped to build and shape the idea of constitutionalism during the apartheid era. The values contained in this notion permeated the liberation movement in its various guises and influenced the negotiations for a democratic South Africa. He played a critical role during the constitutional negotiations itself by participating in the drafting process, formulating several of the vital clauses in this founding document.
As the first President of the Constitutional Court he was a key architect of this important institution in our society. He used his skills as an institution-builder and team-player to fashion a court that was new to South Africa. He presided over a Court that was blessed with a rich talent of jurists drawn from very different backgrounds and moulded them into what was arguably the most highly respected apex court in the world at that time.
Speaking in Johannesburg, Sipho Pityana, Chairman of CASAC said:
“Arthur Chaskalson played a prominent role in the crafting of the Bill of Rights that lies at the heart of South Africa's Constitution. Chaskalson led the Constitutional Court with distinction, always working to build a consensus around the complex and ground-breaking judgments that were the hallmark of the Court's early years. He will be sorely missed by all progressive constitutionalists. The best way to mark his legacy will be for us all to recommit to the protection of human rights and to the maintenance of the rule of law in South Africa – principles to which Chaskalson devoted his life”.
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