Jeremy Gauntlett

Gauntlett was born on 10 November 1950 in Harare, Zimbabwe,{{Cite web |date=November 2012 |title=Nomination: JJ Gauntlett SC |url=https://capebar.co.za/attachments/Gauntlett_1_pp_1-49.pdf |access-date=16 January 2024 |website=Cape Bar}} where he grew up.{{Cite journal |date=September 1999 |title=New chair of the GCB |url=https://journals.co.za/doi/pdf/10.10520/AJA10128743_737 |journal=Consultus |pages=3}} He attended Stellenbosch University on a Beit Scholarship, graduating with a BA cum laude in 1971 and a BA cum laude in 1973,{{Cite web |date=2017-01-13 |title=Jeremy Gauntlett SC appointed as Queen's Counsel |url=https://blogs.sun.ac.za/law/jeremy-gauntlett-sc-appointed-as-queens-counsel/,%20https://blogs.sun.ac.za/law/jeremy-gauntlett-sc-appointed-as-queens-counsel/ |access-date=2024-01-16 |website=University of Stellenbosch Faculty of Law |language=en-US}} and then took a Rhodes Scholarship, completing a BCL at New College, Oxford in 1976.

Upon his return to South Africa from Oxford, Gauntlett moved to Cape Town, joining the Cape Bar as an advocate in December 1976.{{Cite web |title=Gauntlett KC SC, Jeremy |url=https://capebar.co.za/advocates/gauntlett-sc-jeremy/ |access-date=2024-01-16 |website=The Cape Bar |language=en-US}} He took silk in South Africa in 1989 and additionally joined the Johannesburg Bar in 1994. At the same time, he was called to the Bar of England and Wales in 1994,{{Cite web |title=Jeremy Gauntlett KC |url=https://www.brickcourt.co.uk/our-people/profile/jeremy-gauntlett-kc |access-date=2024-01-16 |website=Brick Court Chambers |language=en}} and in February 2017, he was named as Queen's Counsel by Elizabeth II.{{Cite web |date=13 January 2017 |title=Jeremy Gauntlett to join the ranks of the Queen's Counsel |url=https://www.dispatchlive.co.za/news/2017-01-13-jeremy-gauntlett-to-join-the-ranks-of-the-queens-counsel/ |access-date=2024-01-16 |website=Daily Dispatch |language=en-ZA}}{{Cite journal |date=April 2017 |title=Former GCB Chairman Appointed Queen's Counsel |url=https://gcbsa.co.za/law-journals/2017/april/2017-april-vol030-no1-pp24-26.pdf |journal=Advocate |volume=30 |issue=1 |pages=24–26}}

Gauntlett has frequently acted for South African state agencies in high-profile matters, including President Jacob Zuma in Economic Freedom Fighters v Speaker of the National Assembly (on the Nkandla saga),{{Cite web |last=Comrie |first=Susan |date=14 February 2016 |title=Nkandla: Arguments made at ConCourt |url=https://www.news24.com/citypress/news/nkandla-arguments-made-at-concourt-20160214 |access-date=2024-01-16 |website=City Press |language=en-US}} the state in Minister of Justice and Constitutional Development v Southern African Litigation Centre (on South Africa's obligation to arrest Omar al-Bashir under the Rome Statute),{{Cite web |last=Chabalala |first=Jeanette |date=12 February 2016 |title=SCA will 'take a while' to consider arguments in Bashir case |url=https://www.news24.com/news24/sca-will-take-a-while-to-consider-arguments-in-bashir-case-20160212 |access-date=2024-01-16 |website=News24 |language=en-US}} the South African Police Service in National Commissioner of the South African Police Service v Southern African Human Rights Litigation Centre (on universal jurisdiction),{{Cite web |date=2014-05-19 |title=Concourt hears arguments in Zim torture case |url=https://mg.co.za/article/2014-05-19-concourt-hears-arguments-in-zim-torture-case/ |access-date=2024-01-16 |website=The Mail & Guardian |language=en-ZA}} the South African Reserve Bank in South African Reserve Bank and Another v Shuttleworth (Mark Shuttleworth's challenge to exchange control regulations),{{Cite web |date=2013-06-11 |title=Gauntlett: Shuttleworth bid could be devastating for SA |url=https://mg.co.za/article/2013-06-11-gauntlett-shuttleworth-bid-could-be-devastating-for-sa/ |access-date=2024-01-16 |website=The Mail & Guardian |language=en-ZA}}{{Cite web |date=4 March 2015 |title=Judgment reserved in Shuttleworth case |url=https://www.news24.com/life/archive/judgment-reserved-in-shuttleworth-case-20150304 |access-date=2024-01-16 |website=News24 |language=en-US}} the KwaZulu-Natal government in Abahlali BaseMjondolo Movement v Premier of KwaZulu-Natal (Abahlali baseMjondolo's challenge to the KwaZulu-Natal Slums Act),{{Cite web |date=14 May 2009 |title=KZN govt defends 'Slums Act' |url=https://www.news24.com/news24/kzn-govt-defends-slums-act-20090514 |access-date=2024-01-16 |website=News24 |language=en-US}} Eskom in National Energy Regulator of South Africa v Borbet, Eskom v Borbet (on energy tariffs),{{Cite web |date=22 June 2016 |title=Nersa judgement expected soon |url=https://www.news24.com/news24/nersa-judgement-expected-soon-20160620 |access-date=2024-01-16 |website=News24 |language=en-US}} and the South African Human Rights Commission in Semenya v Switzerland (Caster Semenya's appeal to the European Court of Human Rights).{{Cite web |last= |date=2 September 2021 |title=Human Rights Commission intervenes in Caster Semenya court challenge |url=https://www.timeslive.co.za/news/south-africa/2021-09-02-human-rights-commission-intervenes-in-caster-semenya-court-challenge/ |access-date=2024-01-16 |website=Sunday Times |language=en-ZA}}

His non-state clients in South Africa have included Solidarity, in Solidarity v Department of Correctional Services in the Constitutional Court;{{Cite web |last=Areff |first=Ahmed |date=18 November 2015 |title=Flawed dept's employment equity plan must fail, ConCourt hears |url=https://www.news24.com/news24/flawed-depts-employment-equity-plan-must-fail-concourt-hears-20151118 |access-date=2024-01-16 |website=News24 |language=en-US}} the Mail & Guardian, in President v M&G Media, a right to information matter in the Supreme Court of Appeal;{{Cite web |last=Brkic |first=Branko |date=2010-05-25 |title=M&G vs Presidency: The Zim truth will out |url=https://www.dailymaverick.co.za/article/2010-05-25-mg-vs-presidency-the-zim-truth-will-out/ |access-date=2024-01-16 |website=Daily Maverick |language=en}} and Schabir Shaik in his corruption trial.{{Cite web |date=25 September 2006 |title=Court hears of Shaik-Zuma bond |url=https://www.news24.com/news24/court-hears-of-shaik-zuma-bond-20060925 |access-date=2024-01-16 |website=News24 |language=en-US}}

Gauntlett was a sessional judge of appeal in the Lesotho Court of Appeal between March 1997 and December 2010, and he was an acting judge in the High Court of South Africa on several occasions from 1991 onwards. After two terms as president of the Cape Bar, from 1997 to 1999, he was elected as chairman of the General Council of the Bar of South Africa in July 1999; he held the latter position until 2002. He was also a commissioner of the South African Law Reform Commission between 1996 and 2006.

On several occasions, Gauntlett was interviewed unsuccessfully by the Judicial Service Commission as a candidate for permanent judicial appointment in South Africa. In September 2009, he was interviewed for possible appointment to one of four vacancies on the Constitutional Court, nominated by Sydney Kentridge and Gerald Friedman,{{Cite news |date=21 September 2009 |title=All the candidates in the JSC interviews |url=https://www.iol.co.za/news/politics/all-the-candidates-in-the-jsc-interviews-459008 |access-date=16 January 2024 |work=IOL}} but the Judicial Service Commission did not recommend him for appointment.{{Cite web |date=2009-09-22 |title=No place for Hlophe on Concourt shortlist |url=https://mg.co.za/article/2009-09-22-no-place-for-hlophe-on-concourt-shortlist/ |access-date=2024-01-16 |website=The Mail & Guardian |language=en-ZA}}

The following year, in April 2010, he was shortlisted for permanent appointment to the Western Cape High Court. Dring his interview with the Judicial Service Commission, he was asked by commissioner Fatima Chohan about his relationship with Western Cape Judge President John Hlophe,{{Cite web |date=2010-04-15 |title=Gauntlett says he's put Hlophe matter behind him |url=https://mg.co.za/article/2010-04-15-gauntlett-says-hes-put-hlophe-matter-behind-him/ |access-date=2024-01-16 |website=The Mail & Guardian |language=en-ZA}} with whom he had publicly clashed.{{Cite web |last=Bruin |first=Philip de |date=27 February 2005 |title=Hlophe 'hiding behind race' |url=https://www.news24.com/news24/hlophe-hiding-behind-race-20050227 |access-date=2024-01-16 |website=News24 |language=en-US}}{{Cite web |date=2007-10-09 |title=Cape advocates say Hlophe must quit |url=https://mg.co.za/article/2007-10-09-cape-advocates-say-hlophe-must-quit/ |access-date=2024-01-16 |website=The Mail & Guardian |language=en-ZA}} After the interview, the Judicial Service Commission did not recommend him for appointment; several observers objected to his exclusion,{{Cite news |date=19 April 2010 |title=Judges fume after Gauntlett snub |url=https://www.iol.co.za/news/politics/judges-fume-after-gauntlett-snub-481028 |access-date=16 January 2024 |work=IOL}}{{Cite web |date=2011-05-09 |title=Legal fraternity's finest struggle to find a place at the Bar |url=https://mg.co.za/article/2011-05-09-legal-fraternitys-finest-struggle-to-find-a-place-at-the-bar/ |access-date=2024-01-16 |website=The Mail & Guardian |language=en-ZA}} including Wim Trengove, who said it was "inexplicable".{{Cite web |date=2012-04-26 |title=Is the JSC courting favourites? |url=https://mg.co.za/article/2012-04-26-is-the-jsc-courting-favourites/ |access-date=2024-01-16 |website=The Mail & Guardian |language=en-ZA}}

In October 2012, Gauntlett was shortlisted for the Western Cape High Court for a final time, this time as one of eight candidates for five vacancies;{{Cite web |date=16 October 2012 |title=JSC to interview Western Cape candidates |url=https://www.news24.com/news24/jsc-to-interview-western-cape-candidates-20121016 |access-date=2024-01-16 |website=News24 |language=en-US}} but the Judicial Service Commission of South Africa again declined to recommend him for appointment.{{Cite web |date=26 October 2012 |title=JSC presents judicial candidates |url=https://www.news24.com/news24/jsc-presents-judicial-candidates-20121026 |access-date=2024-01-16 |website=News24 |language=en-US}} The Mail & Guardian suggested that the commission was concerned about Gauntlett's "abrasive" temperament,{{Cite web |date=2012-10-19 |title=Gender and race top the Judicial Service Commission's agenda |url=https://mg.co.za/article/2012-10-19-00-gender-and-race-top-the-jscs-agenda/ |access-date=2024-01-16 |website=The Mail & Guardian |language=en-ZA}} and the commission itself ultimately wrote to retired justice Louis Harms, who had nominated Gauntlett, to explain its concerns about his "humility" and temperament.{{Cite web |date=7 November 2012 |title=Gauntlett too short-tempered - JSC |url=https://www.news24.com/news24/gauntlett-too-short-tempered-jsc-20121107-3 |access-date=2024-01-16 |website=News24 |language=en-US}} In addition, Pierre de Vos suggested that, though "brilliant", Gauntlett was unsuitable because of his "conservative legal philosophy" and "formalistic methods of interpretation";{{Cite web |last=Vos |first=Pierre de |date=2012-11-08 |title=Running the Gauntlett: Why the struggle for appointment? |url=https://www.dailymaverick.co.za/opinionista/2012-11-09-running-the-gauntlett-why-the-struggle-for-appointment/ |access-date=2024-01-16 |website=Daily Maverick |language=en}} Gauntlett rejected that characterisation.{{Cite web |date=17 November 2012 |title=Newsmaker: Gauntlett – I have no regrets |url=https://www.news24.com/news24/newsmaker-gauntlett-i-have-no-regrets-20150430 |access-date=2024-01-16 |website=News24 |language=en-US}}

Shortly afterwards, in November 2012, Gauntlett emerged as a potential candidate to replace Zak Yacoob on the bench of the Constitutional Court of South Africa. He was nominated by over 60 people, including Mamphela Ramphele, Sir Sydney Kentridge, opposition leaders Helen Zille and Mangosuthu Buthelezi, and 47 legal academics.{{Cite web |date=29 November 2012 |title=47 top academics support Gauntlett |url=https://www.news24.com/news24/47-top-academics-support-gauntlett-20121129 |access-date=2024-01-16 |website=News24 |language=en-US}}{{Cite web |date=11 November 2012 |title=Gauntlett throws down the gauntlet |url=https://www.timeslive.co.za/sunday-times/lifestyle/2012-11-11-gauntlett-throws-down-the-gauntlet/ |access-date=2024-01-16 |website=Sunday Times |language=en-ZA}}{{Cite web |date=24 February 2013 |title='Arrogant' Gauntlett fails to make the cut |url=https://www.news24.com/news24/arrogant-gauntlett-fails-to-make-the-cut-20150429 |access-date=2024-01-16 |website=News24 |language=en-US}} He was interviewed in February 2013 as one of five candidates for the vacant seat.{{Cite web |date=2013-01-16 |title=Jeremy Gauntlett makes shortlist for ConCourt judge |url=https://mg.co.za/article/2013-01-16-jeremy-gauntlett-makes-shortlist-for-concourt-judge/ |access-date=2024-01-16 |website=The Mail & Guardian |language=en-ZA}} However, after a fractious interview, the Judicial Service Commission recommended all the candidates but Gauntlett as suitable for appointment.{{Cite web |date=2013-02-22 |title=Gauntlett culled from ConCourt short list |url=https://mg.co.za/article/2013-02-22-gender-representation-dominates-concourt-nterviews/ |access-date=2024-01-16 |website=The Mail & Guardian |language=en-ZA}}

Gauntlett was married to the late Tessa Finlay and has three daughters.

On the 16th of January 2025 an academic at the University of the Witwatersrand, Hylton White, posted on social media that Gauntlett had initiated a sexual relationship with him in the 1980s when he was in his 'early teens' and Gauntlett was already practising as an advocate.{{Cite web |last=White |first=Hylton |date=16 January 2025 |title= |website=Facebook |url=https://www.facebook.com/hylton.white.31/posts/2038902779957432 }} According to White, he had attempted to inform the Anglican Church in South Africa that Gauntlett was unfit to serve on a three-person panel investigating the Church's handling of sexual assault by John Smyth. The failures of the Anglican Church in the UK in relation to Smyth led to the resignation of Archbishop Justin Welby in 2024.{{Cite web |last1=Sinmaz |first1=Emine |last2=Harriet |first2=Sherwood |last3=Weale |first3=Sally |date=12 November 2024 |title=Justin Welby to quit as archbishop of Canterbury over handling of abuse scandal |url=https://www.theguardian.com/uk-news/2024/nov/12/justin-welby-step-down-archbishop-canterbury |website=The Guardian}}

After failing to get a satisfactory response White decided to publish the information, saying that "the findings of any panel on child sex abuse allegations that involves the influence of Jeremy Gauntlett has no credibility whatsoever".

The accusations were widely reported in South African media on the 18th of January 2025.{{Cite web |last=Petersen |first=Tammy |date=18 January 2025 |title=Respected advocate Jeremy Gauntlett accused of historic sexual abuse amid Anglican panel probe |url=https://www.news24.com/news24/southafrica/news/respected-advocate-jeremy-gauntlett-accused-of-historic-sexual-abuse-amid-anglican-panel-probe-20250118 |website=News24}} It was then reported that Gauntlett had already resigned from the panel on the preceding day after the allegations had been made.{{Cite web |last=Petersen |first=Tammy |date=18 January 2025 |title=Jeremy Gauntlett steps down from Anglican Church inquiry panel after child sex abuse allegations |url=https://www.news24.com/news24/southafrica/news/jeremy-gauntlett-steps-down-from-anglican-church-inquiry-panel-after-child-sex-abuse-allegations-20250118 |website=News24}}

{{Reflist}}

• [https://capebar.co.za/advocates/gauntlett-sc-jeremy/ Jeremy Gauntlett SC] at Cape Bar
• [https://www.brickcourt.co.uk/our-people/profile/jeremy-gauntlett-kc Jeremy Gauntlett KC] at Brick Court Chambers
• [https://www.timeslive.co.za/sunday-times/lifestyle/2012-11-11-so-many-questions--jeremy-gauntlett-/ "So many questions: Jeremy Gauntlett"] in the Sunday Times (2012)

{{DEFAULTSORT:Gauntlett, Jeremy}}

Category:1950 births

Category:Living people

Category:People from Harare

Category:Rhodesian lawyers

Category:Stellenbosch University alumni

Category:Alumni of New College, Oxford

Category:South African Rhodes Scholars

Category:20th-century South African lawyers

Category:21st-century South African lawyers

Category:South African Senior Counsel

Category:Members of the Middle Temple

Category:English King's Counsel

Category:21st-century King's Counsel

Category:South African judges on the courts of Lesotho