Justice Mokgohloa remembered for advancing social justice and constitutional rights

Justice Fikile Eunice Mokgohloa has been remembered as a distinguished jurist who dedicated her career to advancing social justice and protecting the rights of vulnerable South Africans.

Justice Fikile Eunice Mokgohloa has been remembered as a distinguished jurist who dedicated her career to advancing social justice and protecting the rights of vulnerable South Africans.

Speaking at her eulogy on Saturday, Justice and Constitutional Development Minister Mmamoloko Kubayi conveyed condolences on behalf of President Cyril Ramaphosa, the government and the people of South Africa to Mokgohloa’s family, friends and colleagues.

Kubayi described Mokgohloa as a jurist whose career demonstrated a deep commitment to social justice and whose judgments contributed to the development of South African jurisprudence.

Born in Pretoria in 1961, at the height of apartheid, Mokgohloa obtained her B Juris and LLB degrees before rising to become a judge of the Supreme Court of Appeal.

Kubayi said her achievements were an inspiration to women and girls, particularly because she navigated a historically male-dominated judiciary.

Mokgohloa was also highly regarded by her judicial colleagues. In 2012, she received 14 nominations from colleagues for the position of KwaZulu-Natal deputy judge president, while her competitor received three nominations.

Her commitment to constitutional rights was reflected in several significant judgments.

In Mchunu and Others v Executive Mayor, Ethekwini Municipality and Others , Mokgohloa ruled in favour of informal settlement residents who had been illegally evicted by the eThekwini Municipality.

The judgment struck down a temporary court order that had been used to evict thousands of people from informal settlements in Durban, leaving them homeless.

Kubayi said the judgment represented progress towards a more just society and highlighted the need for public policy to address systemic inequality.

Mokgohloa also emphasised the importance of access to information in a constitutional democracy.

In her 2016 judgment in V & V Consulting (Pty) Ltd v Umlalazi Local Municipality , she found that the municipality had acted in a manner inconsistent with Section 32 of the Constitution, the Promotion of Access to Information Act and the values of government.

She held that grounds for refusing access to information had to be considered within the broader legislative framework, including the need to balance access to information with privacy and commercial interests.