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
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 in 1935) is a famous South African lawyer, writer, and activist. He became a judge in South Africa's first Constitutional Court, chosen by Nelson Mandela.

Albie Sachs: Early Life and Education

Albie Sachs was born in Johannesburg, South Africa. His parents, Solly and Ray Sachs, had moved to South Africa from Lithuania. They were escaping unfair treatment against Jewish people in their home country.

Both of Albie's parents were involved in politics. His father wanted him to fight for freedom and fairness. His mother was part of the South African Communist Party. She worked for its leader, Moses Kotane. Seeing how much his mother respected Kotane, who was Black, taught Albie that racism was wrong and cruel.

When Albie was young, his parents separated. He moved to Cape Town with his mother and younger brother. Albie was a very bright student and skipped two grades. This happened partly because there weren't enough teachers in South Africa during World War II.

He went to South African College Schools for both junior and high school. He even edited the school magazine. At just 15 years old, he started studying law at the University of Cape Town. By the age of 21, he was a practicing lawyer. He used his skills to defend people who were being treated unfairly under the strict, racist laws of apartheid.

Fighting for Change: Activism and Exile

In 1952, when Albie was a second-year law student, he joined a meeting in Cape Town. This meeting supported the African National Congress (ANC), a group that opposed the unfair apartheid laws. The ANC started their Defiance Campaign that same day.

Albie joined other young white South Africans in protesting segregation. For example, they would sit in areas at the post office that were only for Black South Africans. In 1955, Albie attended the Congress of the People. Here, over 2,000 people adopted the Freedom Charter. This important document said that a future South Africa should have equal rights for everyone, "black and white."

Because he opposed the government, Albie faced many challenges. The police would raid his home early in the morning. He was not allowed to meet with more than one person at a time. He was also banned from publishing any writings.

Arrests and Leaving South Africa

Albie was arrested and held alone in prison for three months. After being released, he was quickly arrested again and held for another 78 days. In 1966, he was arrested a third time. During this time, he was kept awake for long periods by security officers. When he was finally released, he was told he could leave South Africa, but he could never come back.

Life in England

Albie left South Africa for England with Stephanie Kemp, who he later married. They had children and continued their work against apartheid from London. Albie traveled to different countries in Europe for his work. He even visited the US, where he met important civil rights leaders like Bobby Seale and Huey P. Newton.

While in England, Albie studied at Sussex University and earned his doctorate in 1970. His thesis, Justice in South Africa, was published in the UK and USA. However, it was banned in South Africa, meaning anyone who had it could go to prison. He also taught law at the University of Southampton. He wrote books like The Jail Diary of Albie Sachs, which shared his experiences in prison.

Moving to Mozambique

In 1977, Albie moved to Mozambique, a newly independent country. He became a law professor at Eduardo Mondlane University and learned to speak Portuguese fluently. He also worked for Mozambique's Ministry of Justice.

While in Mozambique, Albie 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 as a rule in 1985. Albie also helped lay the groundwork for South Africa's future constitution.

Assassination Attempt

On April 7, 1988, Albie opened his car door in Mozambique, and a bomb exploded. He lost his right arm and the sight in his left eye. A person walking by was also killed. After recovering, Albie decided he would not seek revenge. Instead, he wanted "soft vengeance." This meant working for a free, non-racial, and democratic South Africa based on human rights and fair laws.

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.

Returning to South Africa

In 1990, Albie Sachs returned to South Africa. This was after the ANC and other political groups were allowed to operate again, and Nelson Mandela was released from prison. Albie worked at the University of the Western Cape and was made an honorary professor at the University of Cape Town.

He continued to work with the ANC's Constitutional Committee. In 1990, he published a book called Protecting Human Rights in South Africa. He was elected to the ANC's National Executive Committee in 1991. Albie also helped organize workshops on important topics like voting systems and land rights. In 1992, he was part of the ANC's team negotiating for a new constitutional order.

These negotiations led to the Interim Constitution. This document set up South Africa's first democratic elections. It also created an independent Constitutional Court. This court would make sure that basic rights were protected and that the final Constitution followed the agreed-upon principles.

Many people say Albie Sachs was the "chief architect" of South Africa's 1996 Constitution. However, he disagrees, saying that many people worked together for many years to create it. He believes that Oliver Tambo's influence was key to the Constitution.

Constitutional Court and Judicial Career

In 1994, after South Africa's first democratic elections, Albie Sachs left the ANC's National Executive Committee. He wanted to become a judge on the new Constitutional Court. Later that year, Nelson Mandela chose him as one of the Court's first judges.

Besides his work as a judge, Albie Sachs and Justice Yvonne Mokgoro helped create the Court's art collection. This collection showed the Court's commitment to humanity and working together in the new democratic South Africa.

Albie Sachs worked on many important cases. These cases helped shape the laws and rights of people in South Africa.

August v Electoral Commission (1999)

This case was about whether prisoners should be allowed to vote in elections. The Electoral Commission had said prisoners could not vote. The Court decided 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 means voting is important for everyone's sense of worth and belonging.

Christian Education South Africa v Minister of Education (2000)

This case looked at whether schools could use corporal punishment (physical punishment). Some religious schools argued it was part of their beliefs. 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 let them ignore the law. However, the state should try to avoid making people choose between their faith and the law.

Port Elizabeth Municipality v Various Occupiers (2004)

In this case, officials in Port Elizabeth wanted to evict people who were living on unused land. The Court decided that the group should not be evicted. They supported the "right not to be arbitrarily deprived of a home." Albie Sachs added that the African idea of Ubuntu (humanity towards others) is important in the Bill of Rights. Ubuntu means that people need to respect and care for each other.

Minister of Home Affairs v Fourie (2005)

Albie Sachs wrote the main judgment for the Court in this case. The Court declared that South Africa's law defining marriage only between a man and a woman was unconstitutional. It said the law must include same-sex couples. 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.

Laugh It Off Promotions CC v South African Breweries International (2005)

This case was about a company that used a famous beer brand's logo in a funny way on a T-shirt. The Court decided that this was okay because it was a small harm to the brand, and free speech was more important. Albie Sachs wrote that "Humor is one of the great solvents of democracy." He meant that humor helps people express different ideas and feelings without violence.

S v M (2007)

In this case, a woman named M faced jail time. Albie Sachs learned that M was a single mother of three teenagers living in a dangerous area. She also owned two small businesses and was involved in her children's school. Sachs accepted the case because of the children's right to parental care. He ruled in their best interest, saying that children need to live in a safe and caring environment, free from violence and fear.

Retiring 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 his retirement, he has remained active in public life. The Guardian newspaper has called him "arguably the world's most famous judge."

Lecturing and Consultancy

Even after retiring, Albie Sachs continues to travel the world. He gives talks and works as a consultant. He promotes ideas like restorative justice (fixing harm instead of just punishing), gender equality, and constitutional democracy (where a country is governed by a constitution).

He has worked with judges in other countries, like Sri Lanka and Nepal, to help them be more sensitive to gender issues. He also spoke to people in Northern Ireland during their time of conflict and supported the peace process in Colombia.

In 1997, he was chosen by UNESCO to help write the Universal Declaration on the Human Genome and Human Rights. This document is about the ethical use of human genetic information. He also spent time in Kenya as a judge. As of 2022, Albie Sachs is a trustee for several important foundations, including the Constitutional Hill Trust.

Honours and Awards

Albie Sachs has received many awards and honors for his work. These include:

• 1991: Sunday Times CNA Literary Award for his book Soft Vengeance of a Freedom Fighter.
• 2006: Order of Luthuli in silver from the President of South Africa for his excellent contributions.
• 2009: Golden Plate Award from the Academy of Achievement.
• 2014: Tang Prize - Rule of Law, for his contributions to human rights and justice around the world.
• 2021: Legion of Honour from the President of France for his work on human rights, racial equality, and democracy.
• 2022: Inaugural Lifetime Achievement Award from the Clooney Foundation for Justice, presented by Michelle Obama.

He also holds many honorary doctorates from universities around the world, including the University of Cape Town, Princeton University, and University of Cambridge.

Cultural Recognition

Albie Sachs's book, The Jail Diary of Albie Sachs, was made into a play and shown on the BBC. In a 2012 book about great judges, Albie Sachs was listed as one of the most important common law judges in history. The book said that his life showed what it means to be a lawyer and judge in a society dealing with past injustices and looking for a better future.

In 2014, a documentary film called Soft Vengeance: Albie Sachs and the New South Africa was made about his life. It won a Peabody Award. The Clooney Foundation for Justice also created the "Albie Awards" to honor activists globally, named after him. 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 Jewish.

See also

• List of Constitutional Court opinions of Albie Sachs

Images for kids

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  Albie Sachs

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  Albie Sachs's signature