Ismail Mahomed facts for kids

Ismail Mahomed (born 5 July 1931 – died 17 June 2000) was a very important South African lawyer and judge. He became the first black Chief Justice of South Africa in January 1997. He held this top legal position until he passed away in June 2000.

Before this, he was also the Chief Justice of Namibia from 1992 to 1999. From 1995 to 1996, he was the first Deputy President of the Constitutional Court of South Africa. This court helps make sure laws follow the country's main rules.

Ismail Mahomed was born in Pretoria. His parents were immigrants from India. He worked as a lawyer in Johannesburg during apartheid. This was a time when South Africa had strict laws that separated people by race. He became known for being a great lawyer who fought for people's rights and against unfair government rules.

In 1974, he became the first black lawyer in South Africa to be called a "Senior Counsel." This is a special title for experienced lawyers. Even though apartheid stopped him from becoming a judge in South Africa for a long time, he served as a judge in nearby Swaziland from 1979 and in Lesotho from 1982.

In 1991, as South Africa began talks to end apartheid, Mahomed was appointed as the first black judge of the Supreme Court of South Africa. Later, in 1995, he joined the new Constitutional Court. After two years, he moved to the Supreme Court of Appeal. President Nelson Mandela chose him to be the Chief Justice of this new court. Some white legal experts disagreed with this choice. However, Mahomed led the court until his death from cancer.

Early Life and Education

Ismail Mahomed was born on 5 July 1931 in Pretoria. He was the oldest of six children. His parents were devout Muslim immigrants from India. Under the apartheid laws, he was classified as Indian.

After finishing high school in 1950, he moved to Johannesburg. He went to the University of the Witwatersrand. He was one of only a few non-white students there. He earned a degree in 1953, then an Honours degree in political science in 1954. He finished his law degree in 1957.

At university, Mahomed was active in student groups. He also joined the anti-apartheid Transvaal Indian Congress. A famous judge, Richard Goldstone, later said Mahomed was his "hero." He admired Mahomed after hearing him speak to student activists.

Fighting for Justice as a Lawyer

In 1957, after graduating, Mahomed became a lawyer. He joined the Johannesburg Bar, a group of lawyers. He worked there for the next 30 years. However, because of apartheid laws, he could not have his own office in the main building.

He had to "squat" in the building, borrowing rooms from other lawyers. He met clients in the library and ate lunch alone. He later said this experience was "agonizing." This continued until the mid-1970s. Then, a white lawyer helped him get special permission for his own office.

In September 1974, Mahomed made history. He became the first non-white lawyer in South Africa to be called a "Senior Counsel." This is a high honor for lawyers. After this, his white colleagues finally invited him to eat lunch with them.

Even as a Senior Counsel, the Group Areas Act law caused problems. It stopped him from staying overnight in the Orange Free State. This meant he had to travel in and out of the province every day when he had a case there.

Mahomed focused on administrative law and civil rights law. He often represented people who were fighting against the apartheid government. He helped challenge unfair laws like the Group Areas Act. He also defended people in political trials. These included leaders of the United Democratic Front.

His clients included important figures like Zwelakhe Sisulu and Penuell Maduna. Maduna said Mahomed "places issues of justice before the judge." He meant Mahomed always focused on what was fair for people fighting apartheid.

Outside South Africa, Mahomed also worked as a lawyer in Lesotho, Botswana, Swaziland, and Zimbabwe. He also became a lawyer in England and Wales in 1984. He helped start the Legal Resources Centre, which provides legal help to those in need. He also wrote articles and a book about the Group Areas Act.

Becoming a Judge

Serving in Other Countries: 1979–1999

Apartheid laws stopped Mahomed from becoming a judge in South Africa for many years. But he was appointed as a judge in nearby Swaziland in 1979. He also became a judge in Lesotho in 1982.

After Namibia became independent in 1990, he worked as a judge there. He helped write Namibia's new Constitution. He then became the second Chief Justice of Namibia from 1992 to 1999. He also served as president of the Lesotho Court of Appeal.

First Black Judge in South Africa: 1991–1995

On 11 August 1991, during talks to end apartheid, Mahomed was appointed as a judge of the Supreme Court of South Africa. He was the first non-white judge in South Africa's history.

In December 1991, he helped lead the Convention for a Democratic South Africa. This was a big meeting where many groups discussed South Africa's future. From 1993, he worked as a judge in the Supreme Court's Appellate Division. This was the highest court in the country at that time.

Constitutional Court: 1995–1996

On 14 February 1995, Mahomed became one of the first 11 judges of the new Constitutional Court of South Africa. This court was created under the country's new temporary constitution.

President Nelson Mandela chose him to be the first Deputy President of this court. He worked alongside President Arthur Chaskalson. From 1996, he also led the South African Law Reform Commission. This group helps improve South Africa's laws.

During his time in the Constitutional Court, Mahomed wrote important judgments. One famous judgment was about the Truth and Reconciliation Commission. This commission helped South Africa deal with its past. A colleague said this judgment showed Mahomed's "sensitive appreciation" for balancing individual rights and society's needs.

Chief Justice of South Africa: 1997–2000

His Appointment

In 1996, Chief Justice Michael Corbett was about to retire. President Mandela publicly said he wanted Mahomed to be the next Chief Justice. Many black lawyers supported Mahomed.

However, most senior white judges disagreed. They thought another judge, Hennie van Heerden, should get the job because he was older. Some even asked Mahomed to step aside. But after interviews, Mandela confirmed Mahomed's appointment. He became Chief Justice on 1 January 1997.

His Work as Chief Justice

As Chief Justice, Mahomed led the Supreme Court of Appeal. This court was reformed under the new 1996 Constitution. He also helped choose new judges for the Constitutional Court.

People saw Mahomed as an "important bridge" between the Constitutional Court and the Supreme Court. He wanted to see more diversity in the group of judges. He believed that having judges from different backgrounds was important. He also thought that judges should use the law to bring about fairness and change.

However, many observers felt that the Supreme Court still had mostly white judges during his time. When he died in 2000, he was still the only non-white member of the Supreme Court bench.

Illness and Passing

By February 2000, Mahomed became very ill with pancreatic cancer. He took time off from his duties. His deputy, Hennie van Heerden, took over as acting Chief Justice.

Mahomed was in and out of the hospital. He passed away on 17 June 2000 in Johannesburg. He was buried in Pretoria West. South African President Thabo Mbeki attended his funeral. After his death, the acting Chief Justice apologized to Mahomed for the unfair treatment he faced during apartheid.

After Mahomed's death, there was a delay in choosing his replacement. This led to talks about changing how the top courts were structured. In 2001, Parliament passed a law that changed the names of the top judicial positions. The Constitutional Court President became the Chief Justice of South Africa. The Supreme Court of Appeal then got its own President.

Awards and Honours

Ismail Mahomed received many special awards and honors. Several universities gave him honorary law degrees. These included the University of Delhi, University of Pennsylvania, and University of Cape Town. He was also an honorary professor of law at his old university, the University of the Witwatersrand.

In July 2000, after he passed away, he received the first Sydney and Felicia Kentridge Award. This award was for his excellent work in public law. In 2002, he was given the Order of the Baobab in Gold. This is a very high honor in South Africa.

There is a statue in his honor at the Supreme Court of Namibia. Also, a street in Brooklyn, Pretoria is named Justice Mahomed street to remember him.

Personal Life

Ismail Mahomed lived in Johannesburg with his wife, Hawo Mahomed. Her maiden name was Bava.