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.
Achievements
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.
In another judgment, TM v ZJ, Mokgohloa dealt with the rights of a woman married under Islamic law but whose marriage had not been registered under the Marriage Act.
The woman sought custody of her two children, maintenance and a contribution towards legal costs during divorce proceedings. Her husband argued that the marriage had already been terminated through the pronouncement of talaq.
Mokgohloa found that the woman could not be prevented from obtaining relief under the Marriage Act because of her Muslim marriage, regardless of whether talaq had been pronounced.
Kubayi said the judgment demonstrated Mokgohloa’s understanding that religious rights, fairness and the right to dignity must be balanced.
The minister also highlighted Mokgohloa’s commitment to educating communities about their constitutional rights. While working as an attorney in Ga-Rankuwa, she was involved in the Street Law project and participated in roadshows in Ga-Rankuwa, Winterveld and Mabopane.
Kubayi said Mokgohloa had made a significant contribution to South Africa’s young democracy and to the advancement of women.
Profound loss
“Justice Mokgohloa’s passing is a profound loss to the Judiciary, the legal profession and the people of South Africa,” Kubayi said.
“She dedicated her life to the creation of a just society and for that the country owes her a huge debt of gratitude.”
Kubayi concluded by offering condolences to Mokgohloa’s family, siblings, sons and members of the Judiciary, quoting Psalm 34:18: “The Lord is close to the broken hearted and saves those who are crushed in spirit.”
“Rest in peace. Lala ngoxolo. Robala ka Khotso,” she said.
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