Albie Sachs facts for kids

Quick facts for kids Justice Albert Sachs
Justice of the Constitutional Court
In office October 1994 – October 2009
Nominated by	Judicial Service Commission
Appointed by	Nelson Mandela
Personal details
Born	Albert Louis Sachs (1935-01-30) 30 January 1935 (age 90)
Nationality	South African
Spouses	Stephanie Kemp ​ ​ (m. 1966; div. 1980)​ Vanessa September ​ (m. 2006)​
Children	3
Parents	Emile Solomon "Solly" Sachs Rachel "Ray" (née Ginsberg) Sachs Edwards
Education	South African College School University of Cape Town (BA, LLB) University of Sussex (PhD)
Signature

Albert "Albie" Louis Sachs (born 30 January 1935) is a famous South African lawyer, activist, writer, and former judge. He was chosen by Nelson Mandela to be one of the first judges on South Africa's top court, the Constitutional Court of South Africa.

Early Life and Learning

Albie Sachs was born in Johannesburg, South Africa. His parents, Solly and Ray Sachs, had moved to South Africa as children. Their families were escaping unfair treatment against Jewish people in Lithuania. Albie's parents were very involved in politics. His father wanted him to "grow up to be a soldier in the fight for liberation." His mother worked for the South African Communist Party. Seeing how much his mother respected Black leaders like Moses Kotane taught Albie that racism was wrong and unfair.

When Albie was a toddler, his parents separated. He moved to Cape Town with his mother and younger brother. Albie was a very bright student. He even skipped two grades because there weren't enough teachers during World War II. He went to South African College Schools and started law school at the University of Cape Town when he was just 15. By age 21, he became a lawyer. He often defended people who were being treated unfairly under the strict, racist laws of apartheid.

Fighting for Change and Living in Exile

In 1952, when Albie was a law student, he joined a meeting to support the African National Congress (ANC). The ANC was a group that fought against apartheid. On the same day, the ANC started their "Defiance Campaign." This campaign encouraged people to peacefully break unfair laws. Albie, who was white, led a group of young white South Africans to sit in areas of the post office that were only for Black South Africans. This was a way to protest racial segregation. In 1955, he helped create the Freedom Charter, a plan for a future South Africa where everyone, Black and white, would have equal rights.

Because he opposed apartheid, Albie faced many challenges. Police would raid his home, and the government limited his activities. He was even banned from publishing his writings. He was arrested and held alone in prison for three months, then arrested again for another 78 days. In 1966, he was arrested a third time. During this time, he was kept awake for long periods. After his release, he was forced to leave South Africa and told he could never return.

Living in England

Albie moved to England with Stephanie Kemp, who was also an anti-apartheid activist. They got married and had children. They continued their work against apartheid from London. Albie traveled to different countries for the ANC. He even visited the US to support civil rights leaders there.

He studied at University of Sussex and earned his PhD in 1970. His book, Justice in South Africa, was published but banned in South Africa. From 1970 to 1977, Albie taught law at the University of Southampton. He also wrote other books, including The Jail Diary of Albie Sachs, which shared his experiences in prison.

Moving to Mozambique

In 1977, Albie moved to Mozambique, a country that had recently become independent. He became a law professor and later worked for Mozambique's Ministry of Justice. While there, he was asked by Oliver Tambo, a leader of the ANC, to write a code of conduct for the ANC. This code said that torture was forbidden and highlighted the ANC's belief in democracy. The ANC adopted this important policy. Albie also helped lay the groundwork for South Africa's future constitution.

A Terrible Attack

On 7 April 1988, Albie Sachs was in Mozambique when his car exploded. He lost his right arm and the sight in his left eye. A person nearby was also killed. After recovering, Albie decided not to seek revenge. Instead, he wanted "soft vengeance." This meant working for a free, fair, and democratic South Africa where everyone had human rights and was treated equally under the law.

After the attack, Albie helped start the South African Constitutional Studies Centre in London. He then worked on the first draft of South Africa's Bill of Rights with other ANC members. He also learned to use a computer and wrote a book about his recovery called The Soft Vengeance of a Freedom Fighter.

Coming Back to South Africa

Albie Sachs returned to South Africa in 1990. This was after the ANC was allowed to operate again and Nelson Mandela was released from prison. He worked at the University of the Western Cape and continued to help the ANC plan for a new constitution. He published a paper called Preparing Ourselves for Freedom, which discussed how culture should not just be seen as a "weapon of struggle."

Albie was elected to the ANC's National Executive Committee in 1991. He helped organize workshops on important topics like voting systems and land rights. He was also part of the team that negotiated for a new constitutional order for South Africa. These talks led to the creation of the Interim Constitution, which set up South Africa's first democratic elections.

The Interim Constitution also created the Constitutional Court. This court would make sure that basic rights were protected and that the new Constitution followed important principles. Many people say Albie Sachs was the "chief architect" of the 1996 Constitution, but he humbly says it was the work of many people over many years. He believes Oliver Tambo's ideas were key to the Constitution.

Judge on the Constitutional Court

In 1994, after South Africa's first democratic elections, Albie Sachs became one of the first judges on the new Constitutional Court. He and Justice Yvonne Mokgoro also helped create the Court's art collection, which showed its commitment to humanity and working together in the new South Africa.

Albie Sachs worked on many important cases during his time on the Court.

Prisoners' Right to Vote (1999)

In the case August v Electoral Commission, the Court decided if prisoners should be allowed to vote. The Electoral Commission had said prisoners could not vote. But the Court unanimously agreed that taking away the right to vote from prisoners was against the Constitution. Albie Sachs wrote that "The vote of each and every citizen is a badge of dignity and personhood." This meant that voting is important for everyone's sense of worth.

Corporal Punishment in Schools (2000)

In Christian Education South Africa v Minister of Education, the Court looked at whether banning physical punishment in schools went against religious rights. Albie Sachs argued that physical punishment harmed children's rights. He pointed to the Constitution, which protects people from "all forms of violence." He wrote that people's beliefs don't automatically mean they can ignore the law. However, the state should try to avoid making people choose between their faith and the law.

Rights of Homeless People (2004)

In Port Elizabeth Municipality v Various Occupiers, officials wanted to evict homeless people from unused land. The Court agreed that the group should not be evicted. They supported the "right not to be arbitrarily deprived of a home." Albie Sachs added that the idea of Ubuntu (a South African philosophy about human connection) is important to the Bill of Rights. It shows the need for people to respect and care for each other.

Same-Sex Marriage (2005)

Albie Sachs wrote the main judgment in Minister of Home Affairs v Fourie. The Court declared that South Africa's law defining marriage only between a man and a woman was unconstitutional. It did not include same-sex couples. He said that Parliament had to change the law to include everyone. He wrote that "the Constitution acknowledges the variability of human beings... affirms the right to be different, and celebrates the diversity of the nation." This decision led to the Civil Union Act, 2006, which allowed same-sex marriage in South Africa.

Freedom of Speech and Humor (2005)

In Laugh It Off Promotions CC v South African Breweries International, the Court decided that making fun of a company's logo on a t-shirt was okay. This was because the harm to the company was small, and free speech rights were more important. Albie Sachs wrote, "Does the law have a sense of humor?... Humor is one of the great solvents of democracy." He meant that humor helps people express different ideas and feelings in a peaceful way.

Rights of Unmarried Partners (2005 and 2021)

The case Volks v Robinson looked at whether unmarried partners should get financial support from a deceased partner's estate, just like married spouses. Most of the Court said no, but Albie Sachs strongly disagreed. He asked, "should a person who has shared her home and life with her deceased partner... be treated as a legal stranger... with no claim for subsistence because they were never married?" His view was later supported in a 2021 case, Bwanya v Master of the High Court.

Protecting Children's Rights (2007)

In S v M, a woman named M faced jail time. Albie Sachs learned that M was a single parent of three teenagers. He accepted the case because of the children's right to parental care. He ruled in their best interest, saying that it's important for children to "live in a secure and nurturing environment free from violence, fear, want and avoidable trauma."

Retirement from the Court

Albie Sachs retired from the Constitutional Court in October 2009, after 15 years. He described his time as a judge as "joyous and exhilarating." Since retiring, he has remained active and is considered one of the world's most famous judges.

Teaching and Advising

Even after retiring, Albie Sachs continues to travel and give talks around the world. He works to promote fairness, equality between genders, and democratic governments. He has advised judges in other countries on how to be more sensitive to gender issues. He also visited places like Northern Ireland and Colombia to support peace processes.

He was appointed by UNESCO to help draft a declaration on human genetics and human rights. He also served on a board in Kenya that reviewed judges. As of 2025, Albie Sachs is a trustee for several important organizations, including the Constitutional Hill Trust.

Awards and Recognition

Albie Sachs has received many awards for his work:

• In 1991 and 2010, he won the Sunday Times CNA Literary Awards for his books.
• In 2006, the President of South Africa gave him the Order of Luthuli for his excellent contributions.
• In 2009, he received the Golden Plate Award and the Reconciliation Award.
• In 2010, he received the Lincoln Medal for his human rights activism.
• In 2014, he won the Tang Prize for Rule of Law, for his work on human rights and justice.
• In 2021, the President of France awarded him the Legion of Honour for his contributions to human rights and democracy.
• In 2022, he received the first Lifetime Achievement Award from the Clooney Foundation for Justice.

Honorary Degrees

Albie Sachs has received many honorary doctorates from universities around the world, including:

Cultural Recognition

Albie Sachs' book, The Jail Diary of Albie Sachs, was made into a play and shown on the BBC in 1981. In a 2012 book, he was listed as one of the greatest judges in history. A 2014 documentary called Soft Vengeance: Albie Sachs and the New South Africa was made about his life and won an award. The Clooney Foundation for Justice also created the "Albie Awards" to honor activists worldwide. In 2022, Albie Sachs was featured in the Netflix documentary Live to Lead.

Personal Life

Albie Sachs married Stephanie Kemp in 1966. They had two sons, Alan and Michael, and later divorced in 1980. In 2006, Albie married Vanessa September, an urban architect. They have one son, Oliver. Albie Sachs describes himself as a "very secular person," meaning he doesn't follow a specific religion, but he respects others' beliefs. He is proud to identify as a Jewish person.

See also

• List of Constitutional Court opinions of Albie Sachs