Retiring Constitutional Court Justice Bess Nkabinde has challenged those who have accused the Court of judicial overreach of failure to comprehend equal obligations.
Nkabinde, who retired on Thursday after 12 years at the Constitutional Court, says she disagrees that the court has overreached itself. She says the court has been under scrutiny. However, it has a responsibility to do checks and balances.
During her judicial career she has made a significant contribution to the country’s jurisprudence. She has handed down judgements that have provided benefit to large sections of our society in different branches of law.
Nkabinde’s judgements, including her last one on Thursday, have been hailed by many.
In her 12 years at the Constitutional Court, Judge Nkabinde has acted as both chief justice and deputy chief justice.
A number of representatives from different organisations in the legal fraternity paid her tribute for charting the way for other women.
“As a woman in our profession, with skew gender demographics towards men, Justice Nkabinde is a beacon of hope for all women lawyers that parity will be attained. The appointment of Nkabinde was an example of how gender advancement can be achieved if capable and able (people) are given opportunity. You’ve worked at transforming the bench and you have inspired younger women to be like you to be justices of this court.”
Nkabinde has worked in various courts including being a judge at the High Court in North West, Labour Court, Labour Appeal Court, Supreme Court of Appeal.
In her speech, Nkabinde said she joined the law profession because of a conviction to speak for the voiceless. She has tried to advance the principles of justice and equality.
She has, however, decried recent attacks on the judiciary with people accusing the court of judicial overreach.
Nkabinde will formally go on retirement at the end of 2017.
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