Madlanga Reveals How Mogoeng Mogoeng Persuaded Him to Return to the Constitutional Court

Former Constitutional Court Justice Mbuyiseli Madlanga has recalled how former Chief Justice Mogoeng Mogoeng encouraged him to return to South Africa’s highest court, urging him to accept the responsibility in the interest of the nation.

Madlanga’s recollection highlights the importance of public service and the responsibilities associated with serving on the Constitutional Court, an institution tasked with protecting the Constitution, upholding the rule of law and safeguarding the fundamental rights of South Africans.

According to Madlanga, Mogoeng appealed to him to consider the broader interests of the country when the opportunity arose for him to return to the court. The former chief justice reportedly told him to “do it for the sake of the nation”, emphasising the importance of contributing to the country’s constitutional democracy.

The account offers insight into the considerations that can influence experienced legal professionals when they are called upon to take up demanding judicial responsibilities. While such appointments carry considerable professional recognition, they also require a commitment to impartiality, independence and the administration of justice.

Mogoeng served as South Africa’s Chief Justice from 2011 to 2021, presiding over the judiciary during a period marked by significant constitutional disputes and high-profile cases involving government accountability. His tenure placed him at the centre of important legal debates concerning the powers of public institutions and the application of the Constitution.

Madlanga’s account suggests that Mogoeng’s appeal focused on the national interest, encouraging him to view the opportunity as a form of service rather than merely a professional appointment.

The Constitutional Court plays a central role in South Africa’s democratic system. As the country’s highest court on constitutional matters, it determines disputes involving constitutional interpretation and examines whether the actions of government institutions comply with the supreme law of the land.

Its judgments can have far-reaching consequences for public administration, individual freedoms and the relationship between citizens and the state. Judges serving on the court are therefore expected to make decisions based on the law and evidence, free from political pressure or personal interests.

Madlanga’s judicial career has included service in senior judicial positions, including his time on the Constitutional Court. His experience reflects the significant responsibilities carried by judges who are required to resolve complex legal questions that often attract considerable public attention.

His recollection also draws attention to the role experienced judicial figures can play in encouraging others to contribute to the country’s legal institutions. Calls to serve in such positions can involve weighing personal considerations against the demands of public office.

Ultimately, Madlanga’s account reinforces the principle that judicial service is a responsibility requiring integrity, independence and dedication to constitutional values. Mogoeng’s reported words place the interests of South Africa at the centre of that responsibility, highlighting the importance of individuals willing to contribute their expertise to the country’s democratic institutions.

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