Speeches

Eulogy of Justice Fikile Eunice Mokgohloa by the Minister of Justice and Constitutional Development, Minister Mmamoloko Kubayi, 29 August 2026

Programme directors:  Adv Maenetje SC and President Molemela

Family of Justice Mokgohloa especially the siblings, the Son and grandson

Chief Justice Mandisa Maya,

Members of Juiciary current serving and retired

Deputy Minister of Justice and Constitutional development Andries Nel

Secretary of Cabinet and Head of Fosad DG Baleni

Chaplain Lt Col Seroka and all religious leaders present

Ladies and gentlemen

Good morning

I stand here onbehalf of President Ramaphosa, South African government and the entire nation to pass our sincere condolences to the Mokgohloa family, friends, and colleagues on the loss of this remarkable woman.

We are gathered here today to bid our final farewell to a distinguished jurist whose career span has been a demonstration that she was wholeheartedly dedicated to the achievement of social justice. As we grieve because we have lost Justice Mokgohloa we extend our heartfelt thanks to the Mokgohloa family for sharing her with the country and its people.

Even though Justice Mokgohloa has departed the world of the living, we will forever remember her for her contribution to the development of South African Jurisprudence and the role she has played, through her judgements, in easing the burden of poverty and inequality for the poor and the vulnerable.

Justice Mokgohloa was well respected by her colleagues, I have no doubt that she has joined a galaxy of patriots who, while they lived, made available their talents at the disposal of their country and their people.

We are also here to celebrate that the girl child from winterveld born in 1961 at the height of apartheid, managed to obtain her B Juris and LLB degrees, and rose to become a judge of the Supreme Court of Appeal. Her accomplishments are an inspiration to other women and girls, because her brilliance and determination empowered her to traverse the uncharted territory of a male dominated judiciary as a woman jurist and she defied the stereotypes.

Justice Mokgohloa understood that the drafters of the constitution, which this year we are celebrating 30-year anniversary of its adoption, framed the constitution to be transformative with the aim of creating a new society that is socially just. Her judgements are a demonstration that she understood social justice to mean that everyone has the same rights, protections, and chances to succeed, no matter their background. Accordingly, she recognised that cementing and deepening constitutional values requires moving beyond treating a constitution as a mere legal document and transforming it into a living, shared reality for all citizens.

Indeed, the most profound aspect of the constitutional dispensation lies the Bill of Rights. Thirty years on, as we assess our constitutional achievements we can declare without fear of contradiction that Chapter 2 still deserves appreciation, specifically because it refuses to treat civil and political rights as somehow more pressing than socio-economic rights. The right to equality, to human dignity, to privacy, and to freedom of expression are articulated alongside the rights to housing, healthcare, food, water, and education. The Constitution's interpretive framework obliges courts to develop the content of rights in a manner that responds to present-day circumstances and evolving understandings of human dignity.

In line with this interpretation, in Mchunu and Others v Executive Mayor, Ethekwini Municipality and Others, Justice Mokgohloa ruled in favour of the slum dwellers who had been illegally evicted by the Ethekwini municipality. In this judgement, Judge Mokgohloa struck down a temporary court order that had been used by the MEC and the Durban Municipality to evict thousands of poor people from informal settlements in Durban rendering them homeless.

The judgement represented progress towards a more just society for the people who must live with the burden of inequality. This judgment also pushed for the alignment of public policy to tackle systemic inequalities, ensuring that constitutional promises of dignity and equality translate into material well-being.

Justice Mokgohloa also understood that in a constitutional democracy, access to information empowers citizens to exercise their rights and to hold their government accountable. In handing down the 2016 judgment in V & V Consulting (Pty) Ltd v Umlalazi Local Municipality, Mokgohloa found the municipality had displayed uncooperative behaviour that "flies in the face of section 32 of the Constitution, the letter and spirit of The Promotion of Access to Information Act and descent [sic] values of government.

Justice Mokgohloa held that grounds for refusal under PAIA had to be understood in the context of the legislative scheme which sought to balance "access to information, a third party's right to privacy and to protect its commercial interest in a manner which is constitutionally defensible in terms of the limitations."

In another judgements she also demonstrated that women judges bring vital lived experiences to the bench, helping to shape how courts interpret equality, address gender-based violence, and deliver fair justice.

In the TM v ZJ case, she adjudicated over a case about a couple married under Islamic law but not registered in terms of the Marriage Act. As part of the divorce settlement the wife was seeking custody of their two children, maintenance and contribution towards legal costs before the finalisation of divorce proceedings. The husband was not willing to accede to these demands, arguing that the marriage had already been terminated by his pronouncing talaq which is the unilateral pronunciation by the husband that he is divorcing his wife, uttered three times.

Justice Mokgohloa found that the wife "cannot be precluded from obtaining relief in terms of the Marriage Act by virtue of her Muslim marriage, irrespective of whether the respondent pronounced a talaq or not."

In this judgement she communicated the message that said that our respect for religious rights cannot trump fairness and right to dignity. Rights must be balanced in such a way that the outcomes do not leave any of the parties in a worse off position.

In all these three judgements, Justice Mokgohloa showed that building a culture of democracy wherein the right to access to information, socio-economic rights such as housing and right to equality are respected, requires an unwavering fidelity to the constitution.

Her passion for creating a rights-based society was evidenced by her involved in the street law project, which she did when she was still an attorney in Ga-Rankuwa. Her and other conducted roadshows in Ga-Rankuwa, Winterveld, and Mabopane informing people about their constitutional rights. Giving back to the community she came from.

Justice Mokgohloa can rest in peace comforted by the fact that she made a significant contribution in moulding our young democracy and played her part in the advancement of women empowerment. Justice Mokgohloa's passing is a profound loss to the Judiciary, the legal profession and the people of South Africa. She dedicated her life to the creation of a just society and for that the country owes her a huge debt of gratitude.

On behalf of the people of South Africa and our government, I am privileged to convey our condolences to the siblings, Son, and the entire family,  the esteemed Member of the Judiciary. Psalm 34:18 "The Lord is close to the brokenhearted and saves those who crushed in spirit". Our nation prays that you and the rest of the family, your relatives and friends will celebrate this life that has been well lived and find comfort in Gods strength.

Robala ka kgotso Justice Nare

I thank you.