The Langa Court: Its Leitmotifs and Legacy

Abstract

The Langa Court is typically thought of as a mere extension of the late-stage Chaskalson Court. This tribute to Chief Justice Langa argues that, on the contrary, the Court he led had its own distinctive identity that was in part attributable to Langa’s leadership style and in part to the changing political context in which the Court operated. While Langa’s leadership style was not particularly well suited to the Court’s handling of the major extra-curial challenge it faced – the complaint against Judge Hlophe – his toleration for dissenting views and, in particular, his preparedness to allow his colleagues to find their own judicial voice saw the flourishing of the Court’s jurisprudence in a number of areas, including socio-economic rights and rights of political participation. These doctrinal adaptations and the Langa Court’s astute handling of the Zuma-Thint corruption cases largely insulated it against the politicising forces of the transitional period in which it operated. Any final assessment of the Langa Court’s legacy, however, must await the resolution of the Hlophe complaint.

Keywords: South Africa, Constitutional Court, Langa Court, leadership style