Chief Justice Mogoeng Mogoeng has described the late former Deputy President of the Supreme Court of Appeal, Khanyile Mthiyane, as a person who was determined to make justice easily accessible, even to the poorest of the poor.
Justice Mogoeng was speaking during Mthiyane’s funeral service in Umhlanga, north of Durban. He died last week, two weeks after the death of his wife, Sthandiwe Mthiyane.
Mourners gathered to bid farewell to a man described by many as a person who was determined to see all people have access to justice.
Born in Ndwedwe, north of Durban, Justice KK Mthiyane, as he was affectionately known, came from humble beginnings and rose to the fourth-highest position in South African courts.
Speaking during the funeral service, Chief Justice Mogoeng Mogoeng, recalled some of the projects they worked together on.
“Particularly, when we went to the USA to revive the predictable role that African justice system has played over the years, one of our focus area was to interact with the Navaho people, Red Indians to learn from their institutions on how we can revitalise the African judicial system, that we have allowed those that have always been against anything African, to run it down and portray it as the only discriminatory justice system. As if it was not the judicial system we have inherited. Women were called something other than human beings. As if the deepest and biting discrimination we have experienced came only from Africans when in fact we got exploited by a reason of our generosity of spirit. And Bhuti, coming back from that, undertook, I think two weeks at his own expense, to compile a report that we have diligently worked on. Not only how to revitalise the African court system, but also to work on coral next mediation for which members of the public would not have to pay a cent, so that access to justice and speedy finalisation of cases could become a practical reality.”
His former colleagues on the bench described Justice Mthiyane as a supportive person who treated every colleague with respect and dignity.
Judge Yvonne Mbatha says, “He was a pillar of strength to all his colleagues, including the senior ones, a calming presence and a unifying force in the court filled with difficult intellectual giants, who could pacify warring colleagues and help her fiefs among them. This is evidence by outpouring grief from his colleagues across the course and the gender lines. Who have variously described him I quote, as ‘an exceptional human being, a most treasured colleague, a good warm and kind man, someone who made it his task to see to the welfare of his junior colleagues making sure that they were not overwhelmed by heavy workloads to a breaking point. Always willing to lend a patient ear and helping hand.'”
Delivering the eulogy, KwaZulu-Natal Premier Sihle Zikalala hailed Mthiyane for his immense contribution to the development and strengthening of the judiciary.
“Justice Mthiyane’s passing has left us poor because he departs with a vast wealth of wisdom and legal knowledge which the country desperately needs. But Justice Mthiyane went on to excel and inspire many others. In a country that unashamedly enforced a crime against humanity, the apartheid system, he taught (us) the best way to fight this legalised oppression was to the very same instrument of law.”
The family of Justice Mthiyane says his death has left a huge void for them. They described him as a person who despite his busy schedule, always managed to spend time with his family.
Chief Justice Mogoeng Mogoeng pays tribute:
