a day ago
A Judge for our times
Vuka Tshabalala: On Trial, a book written by Vuyo Mthethwa, the former Judge President's daughter.
Image: Supplied
Forging a successful career in law is rarely easy, but for a black lawyer during the decades of apartheid, the obstacles that needed to be overcome were daunting. One who mounted each of those obstacles and found success that he could not have contemplated in the 1960s, was Vuka Tshabalala. One of his daughters, Vuyo Mthethwa, has recently published a book on his legal journey, Vuka Tshabalala: On Trial. His career is written from her perspective based on stories she has heard from him as well as some of his colleagues.
Tshabalala was born in 1937 in Orlando East, Johannesburg but when he was two, his family moved to Clermont in Durban. After his father, an inveterate gambler, died five years later, it was left to Tshabalala's mother, an extraordinary woman in her own right, to find the means to provide for her young family. He attended various schools including Loram Secondary School in Durban and St Francis College, Mariannhill where he matriculated.
Vuka Tshabalala (centre) after his graduation with a BA degree from Fort Hare University, 1960.
Image: Supplied
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While studying for a BA Degree at Fort Hare University, his mother died of cervical cancer. Despite this loss, he graduated in 1959 and was given special permission to read for a LLB degree at the white University of Natal at both its Durban and Pietermaritzburg campuses. Financial support was provided by a member of the Baumann family from Bakers (Pty) Ltd.
The young family in 1968. L —R : Ayanda, Vuka Tshabalala holding Vuyo (the author), Pearl holding Dudu, and Sakhiwo.
Image: Vuka Tshabalala: On Trial
After graduating, Tshabalala served three years of clerkship with a law firm, but his real goal was to be an advocate. As a black man, he was breaking new ground. He needed to complete a pupillage under a practicing advocate. Philip Meskin accepted this role, but the Bar Council declined the application, citing the Group Areas Act. One of the reasons put forward by the council was that white people would be uncomfortable having an African sitting in on a consultation.
Even if a pupillage was accepted, Tshabalala would have to leave Meskin's chambers when he was consulting with his white clients, which would have been most of the time, His only option was to learn on the job. In 1969, he became the first black advocate at the Natal Bar.
From his earliest days, he had first hand experience of the injustices legislated by law. In one case, his clients had been charged under the Riotous Assemblies Act of 1956 which precluded gatherings of twelve or more people. In his usual disarming manner, Tshabalala argued that a group of people standing meters apart did not constitute a gathering but were simply individuals standing in a line. The judge had little choice but to accept this defence.
When he had to travel to represent clients, accommodation was a problem as the hotel facilities were' Whites only'. On one occasion, the only option might have been a prison cell but for a police sergeant who invited Tshabalala to stay at his home.
As more black advocates were admitted to the Natal Bar in the 1970's, so their influence and example grew. In 1978, a group of them managed to acquire chambers on the seventh floor of Salmon Grove Chambers in Smith Street (today Anton Lembede Street). They were known as the Group 7 Advocates. Before 1994, no black advocate had been appointed as a judge. With the transformation of the Judiciary, members form the Group 7 advocates were to produce an extraordinary number of judges: two Chief Justices (Pius Langa and Sandile Ngcobo), two Judge presidents of the KwaZulu- Natal Division (Tshabalala and A.N, Jappie)as well as judges Gyanda, Balton, Sishi, Poswa and Ndlovu among others.
In 2012, Judge President Vuka Tshabalala was appointed Chancellor of the Durban University of Technology (DUT). He is with Dr Richard Maponya (centre) and Prince Mangosuthu Buthelezi (right) in 2015.
Image: Vuka Tshabalala: On Trial
Tshabalala's rise to the Judge Presidency came on the back of a very public controversy. He had been a judge at the Ciskei Supreme Court since 1995 when an opening arose on the Natal bench for the position of Deputy Judge President in 1998. This nomination was opposed by 14 of the 19 judges on the Natal Bench. Ironically Thsabalala himself was initially reluctant as he endured some harsh experiences as an advocate in Natal. Those who backed him included the National Association of Democratic the Judge president of the Eastern Cap, Bobby Pickard, who wrote to the Chief Justice, Ismail Mohamed, outlining Tshabalala's administrative and juristic abilities.
Two Judge Presidents at the Oyster Box in 2010. Bobby Pickard (Eastern Cape), who recognised Vuka Tshabalala's qualities early on, catching up.
Image: Vuka Tshabalala: On Trial
Although he was junior to the other nominees for the position, this was only because it was impossible for a black man to have had the opportunity to be a judge prior 1994. Some of those 14 objectors who believed he would not command the respect of more senior judges, soon regretted their objections. Tshabalala was appointed Deputy Judge President in 1998. The following year, the intimidating Judge President, Allan Howard, opted for early retirement enabling Tshabalala to succeed him in 2000.
Judge President Vuka Tshabalala in his chambers at the Durban High Court, 2000.
Image: Vuka Tshabalala: On Trial
His 10 year period as JP was marked by collegiality and socialisation among the judges. He brought a human face to the Bench and was considerate and respectful of others. In return, he won the respect of colleagues and was generally popular with members of the profession. In hindsight, Tshabalala was the right judge to ease the Natal Bench along the path of transformation.
The current Judge President of the KZN Bench, Thoba Poyo - Dlwati with Vuka Tshabalala at a lunch in December 2024.
Image: Vuka Tshabalala: On Trial
Vuyo Mthethwa has ably outlined her father's career, but on occasion one wants more. How people responded to Tshabalala is documented, but what did he think of them? No doubt he is too discreet to let slip such opinions, but seeking that balance would have been an asset. What was the working relationship between Allan Howard, JP and Tshabalala as his deputy? In retirement, did Howard (who died as recently as November 2024 aged 94) ameliorate his opinion of his successor?
Some of the case law could have been explained more clearly, particularly Magiba vs Minister of Police, and there are unnecessary proof reading errors.
Behind Tshabalala's jovial demeanour and infectious sense of humour lies, one suspects, a man of grit, determination and confidence. Writing a biography of a parent whom one deeply admires creates boundaries of it's own, but within those confirms, Vuyo Mthethwa has ensured that her father's trail- blazing career is preserved. Others can, and will, draw inspiration from his legacy.
SUNDAY TRIBUNE
