The chief justice of South Africa[1] is the most senior judge of the Constitutional Court and head of the judiciary of South Africa, who exercises final authority over the functioning and management of all the courts.
At the time of South Africa's democratisation in the early 1990s, the position of chief justice was held by University of Cambridge graduate and Second World War veteran Michael Corbett. Corbett took office in 1989, succeeding Chief Justice P.J. Rabie, who had been scheduled to retire in 1986 at the statutory retirement age of 70, but had had his tenure in office extended on an ad hoc basis by state presidentP.W. Botha.[2]
However, with the fall of Apartheid imminent, the progressively-minded Corbett was eventually handed the job of chief justice in 1989. Although appointed by the National Party government, Corbett was generally well liked by those in South Africa's new African National Congress (ANC)-led government, and upon his retirement in 1996 was given a formal state banquet where President Mandela paid tribute to the chief justice's "passion for justice", "sensitivity to racial discrimination", "intellectual rigour" and "clarity of thought".[3]
The first chief justice to be appointed in post-apartheid South Africa was Ismail Mahomed, a leading South African jurist of Indian descent, who was selected to succeed Corbett in 1997 and eventually took office in 1998. Mahomed held the position until his death in 2000.
Under South Africa's Interim Constitution of 1993 and later the Final Constitution, the importance of the position of chief justice as the position of final judicial authority was temporarily relegated beneath that of the president of the newly created Constitutional Court. Ismail Mohammed had been tipped widely for the job of Constitutional Court president but in 1994, President Nelson Mandela appointed leading human rights lawyer and director of the Legal Resources Centre Arthur Chaskalson to the position. In 2001, after Mohammed's death and, consequently, with the position of chief justice vacant, the Sixth Amendment of the Constitution of South Africa fused the positions of chief justice and president of the Constitutional Court into one single job of chief justice. Chaskalson was subsequently appointed to the new post, although his tasks remained effectively the same.
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