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Mail & Guardian
Johann van der Westhuizen

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Johann van der Westhuizen

Johann van der Westhuizen, who assisted in drafting South Africa’s constitution, is a retired justice of the Constitutional Court, the founding director of the University of Pretoria’s Centre for Human Rights and a former inspecting judge of Correctional Services. The views expressed are his own

‘The sun descends into the sea’: Judge Johann van der Westhuizen (left) invited Kris Kristofferson to the constitutional court, where this picture was taken, and then hosted the unassuming country star at his home for dinner with his family.

‘Jesus on whiskey’ in the highest court

Kris Kristofferson, who died a week ago, was as candid and deep as the lyrics in his country music

(Graphic: John McCann/M&G)

Pravin Gordhan was an intimidating revolutionary with a big heart

In everything he did during apartheid and after 1994 he literally gave his life to his country

(Graphic: John McCann/M&G)

Mandela and Socrates: Dignified justice from different ages

The revolutionary and the philosopher held values that have stood true for two millennia This content is restricted to registered users and subscribers. Get Your Free Account The…

The accusation that Bongi Mbonambi directed racist language at an England player reminds us that we should not cheapen the dangers of racism in sport. (Photo by Craig Mercer/MB Media/Getty Images)

Racism, respect and war in rugby

The accusation that Bongi Mbonambi directed racist language at an England player reminds us that we should not cheapen the dangers of racism in sport

(John McCann/M&G)

Democracy and human rights at the crossroads

Capitalism may be democracy’s enemy. Democracy has become a brand name, used by even fascist dictators. We may not abandon it though

(John McCann/M&G)

Can the Springbok, which divided us so painfully, again inspire us?

The history of our rugby team often runs parallel to that of our conflicted, divided society

Russian President Vladimir Putin speaks during his press conference at the Konstantin Palace on July 29, 2023 in Saint Petersburg, Russia. Photo by Contributor/Getty Images

Kafka and the president’s men in Warsaw

President Cyril Ramaphosa’s peace mission to Ukraine and Russia shows what happens when politics sinks to the absurd

The policy prohibits consensual sexual intimacy in court buildings and discourages romantic relationships between members of the judiciary.

Judges must deserve respect and trust

Any belief that the legal system is run on corruption is liable to become a self-fulfilling prophecy

(John McCann/M&G)

When crime is cloaked as religion

Religion is often the business plan of fraudsters who lie effortlessly to their congregants

(John McCann/M&G)

Wither the future of democracy?

In a changing world it cannot be business as usual for human rights and democracy thinkers

Crash: The Road Accident Fund was set up in 1996 to protect road users but it appears to be in such serious financial trouble its assets are being auctioned to recoup funds due to victims. Photo: Nelius Rademan/Gallo

Are the Road Accident Fund and other legal institutions imploding?

The example of the Road Accident Fund raises the question of whether the law, as applied by officials, is protecting people

‘The horror … the horror’: Marlon Brando plays the murderous Colonel Kurtz in ‘Apocalypse Now’.

What makes a war crime, when war itself is monstrous?

The law around war crimes unrealistically demands necessity, minimum human suffering and honour

(Graphic by Francois Smit)

An allegory of gluttony and greed: Corruption, SA’s deadly cancer

When it contaminates every level of a society, becoming part of the economy, legal system, culture and lifestyle, the end is nigh

(John McCann/M&G)

Walus, Zuma: Judges are not intimidated

The courts must be commended for upholding the law, but the Ngcobo report brings a new challenge

Former president Jacob Zuma. File photo: Jerome Delay/AFP

Can courts choose between the law and its consequences?

Judicial officers swear to administer justice ‘without fear, favour or prejudice’, but must consider the needs of society and what is practically doable

The president’s decision comes five months after the Judicial Service Commission recommended the step

‘The law is for protection of the people’ – but do lawyers know it?

It’s fine to be successful and make a good living, but it is essential that law practitioners display morals and ethics and do what’s best for the client

Suspended public protector Busisiwe Mkhwebane and advocate Dali Mpofu.(David Harrison/M&G)

How many indications of incompetence or misconduct are needed to remove a public protector?

The public protector does not have to be fit and proper but must be competent and honest

Complex choice: A Black Sash member outside the constitutional court during the social grants hearing. Even though the tender for the payment of social grants was awarded irregularly, annulling it would be the greater social ill for poor people. Photo: Alon Skuy/Sunday Times/Getty Images

For the law to rule, it must be applied

Mere forgiving and forgetting based on a lack of political will, incompetence, laziness, corrupt motives or even universal love, is not on

Seeing ‘red’: People attend a vigil in front of the US supreme court. (Brandon Bell/AFP)

Is the US supreme court bent on doing harm?

Two recent rulings by America’s apex court are profoundly troubling

Limits to rights: A memorial for shooting victims outside Robb Elementary School in Uvalde, Texas. This is not the first — nor will it be the last — mass murder by young Americans. Photo: Chandan Khanna/AFP

OPINION| Americans free to live under the gun. How’s that working out?

Another dreadful school massacre in the US raises the question: Will Americans ever get to grips with the ghastly phenomenon?