Langa praised for restoring faith in SA's judicial system

FORMER Chief Justice Pius Langa was instrumental in persuading the ANC to scrap the proposed media appeals tribunal, intended to rein in South Africa's free press.

President Jacob Zuma told more than 5000 mourners in the Durban City Hall yesterday how Langa "managed to defuse a stalemate between the ANC and the print media" last year.

Langa died on Wednesday last week from multiple organ failure after a long illness.

At the ANC's 52nd national conference in 2007, the party decided to investigate the possibility of establishing the tribunal, citing, among others, that:

The self-regulation system was ineffective because decisions of the Press Council were skewed in favour of the media;

There was a lack of protection given to those whose rights had been violated by the press;

The Press Council was powerless because it could not levy fines and merely asked the offending publication to apologise, which was insufficient compared with the damaging article; and

The media were notaccountable.

Yesterday, Zuma said the intention of the tribunal had been "to balance the right to freedom of expression and freedom of the media with the right to equality, privacy and human dignity for all".

In response to the ANC's criticism, the media industry established the Press Freedom Commission in July 2011 to examine the press regulatory system and create a better model through public consultation.

"The media leadership wisely chose Justice Langa to chair this commission," said Zuma.

Langa had retired in October 2009 as chief justice of the Constitutional Court.

"Due to a progressive outcome of the investigation, helped in part by the fact that the commission was chaired by a seasoned judge, the ANC dropped its demand for the establishment of a media tribunal," Zuma added.

Langa, 74, the country's first black chief justice and an architect of South Africa's constitution, was buried alongside his wife, Beauty Thandekile, in the Redhill Cemetery in Durban yesterday.

Several streets in the city centre were cordoned off as more than 200 metro police officers directed traffic to alternative routes around the city hall and the massive 500000m² cemetery.

Among the mourners and dignitaries who attended the service were Deputy President Kgalema Motlanthe, former president Thabo Mbeki, Justice Minister Jeff Radebe, Deputy Chief Justice Dikgang Mos-eneke and African Union Commission chairwoman Nkosa-zana Dlamini-Zuma.

Also present were ANC chairwoman Baleka Mbete, former KwaZulu-Natal Judge President Vuka Tshabalala and human rights advocate George Bizos.

Before the service, Langa's family disclosed that, just days before his death, he lay in bed voicing his concerns about South Africa's judicial system.

Family spokesman advocate Muzi Sikhakhane said the former chief justice voiced his strong concerns about the country, government and judiciary.

"I spent hours with him just before his death ... and on his deathbed he still spoke to me about the country and expressed his concerns about the welfare of poor South Africans. His wish was that those of us in the legal profession should worry about the people and not the money," said Sikhakhane.

Max Sisulu, the speaker of parliament, described Langa as a remarkable man who would leave behind a legacy of wisdom and a generosity of spirit.

"It was the calibre of people like Pius that restored South Africa's faith in the judicial system. He was always kind and compassionate," Sisulu said.

Former Chief Justice Sandile Ngcobo said that Langa believed the court had to remain free of any political influence and that judicial independence could exist only with judicial accountability.

He accepted in principle that there was nothing wrong with criticism of the judiciary as long as it was constructive, said Ngcobo.

"These days, as our nation debates the criteria for judges and positions in high office, we should take a moment and look at what Langa had to offer. The fact that Langa was asked to chair a number of committees indicated his deep commitment to the rule of law and unquestionable integrity."

Langa's eldest daughter, Phumzile, said it was in the privacy of their home that his family got to experience his personality.

"At home he was Tata, the one who would sing with the scariest voice because he thought he could sing. He was the one who would dance with funny, jerky movements because he thought he could dance. But he was the one we ran to when our mother passed away. He was our father and he loved us," she said.

Others who paid tribute to Langa said that he was a self-made man who had managed to rise to the top of the legal profession.