Justice Mokgohloa remembered for advancing social justice and constitutional rights

Justice Fikile Eunice Mokgohloa was mourned on Saturday for her tireless efforts in advancing social justice and upholding constitutional rights in South Africa. President Cyril Ramaphosa, the government and the nation conveyed their condolences to Mokgohloa’s loved ones, praising her career as a beacon of dedication to justice.

Born in Pretoria in 1961, Mokgohloa graduated with B Juris and LLB degrees before becoming a Supreme Court of Appeal judge. Her remarkable achievement as a female jurist in a male-dominated field inspired women and girls across the country. In 2012, she received 14 nominations for the position of KwaZulu-Natal deputy judge president, far surpassing her competitor’s three nominations.

Mokgohloa’s commitment to constitutional rights was evident in several landmark judgments. In Mchunu and Others v Ethekwini Municipality, she ruled in favor of residents of informal settlements, striking down a temporary court order that resulted in thousands being evicted. The judgment signified a step towards a more equitable society and emphasized the need for public policy to address systemic inequality.

In another significant case, she emphasized the importance of access to information in a constitutional democracy, finding that the municipality’s actions violated Section 32 of the Constitution and the Promotion of Access to Information Act. In TM v ZJ, she ruled that a woman married under Islamic law but not registered under the Marriage Act could still seek relief under the Marriage Act, highlighting the balance between religious rights, fairness, and the right to dignity.

Mokgohloa’s commitment to educating the public about constitutional rights was also recognized. While working as an attorney in Ga-Rankuwa, she participated in the Street Law project and roadshows, making a substantial contribution to South Africa’s fledgling democracy and the advancement of women. Minister Mmamoloko Kubayi described Mokgohloa’s death as a profound loss to the Judiciary, legal profession, and the people of South Africa, offering condolences in the name of the President, government, and nation.

Kubayi concluded the eulogy by quoting Psalm 34:18, expressing hope that Mokgohloa would find peace.