Robert Nugent (judge)

Nugent was born on 3 October 1948 in Germiston.{{Cite web |date= |title=Judges of the Supreme Court of Appeal |url=http://www.justice.gov.za:80/sca/judges_cv.html |archive-url=https://web.archive.org/web/20120114000845/http://www.justice.gov.za:80/sca/judges_cv.html |archive-date=2012-01-14 |access-date=2024-01-13 |website=Supreme Court of Appeal}} He matriculated at Kimberley Boys' High School in 1965.{{Cite journal |date=April 1994 |title=Transvaal Provincial Division: New Judge |url=https://www.gcbsa.co.za/law-journals/1994/april/1994-april-vol007-no1-pp57-61.pdf |journal=Consultus |volume=7 |issue=1 |pages=60–61}} Over the next decade, he worked in commerce and journalism and studied at the University of the Witwatersrand, where he completed a BCom in 1970 and an LLB cum laude in 1974.

After graduating, he worked as a legal adviser to the Johannesburg City Council for one year and then lived abroad for two years, working in industrial relations. Thereafter he returned to Johannesburg, where he was admitted as an advocate in January 1978. He practiced law at the Johannesburg Bar for the next 15 years, taking silk in 1991.

On 15 November 1993, Nugent joined the bench as a judge of the Transvaal Provincial Division of the Supreme Court of South Africa. He presided at the Johannesburg seat of the Supreme Court (later the High Court) for the next eight years. During that time he presided in the inquest into the death of 19 protestors during the Shell House massacre.{{Cite web |date=1997-06-06 |title=Inquest judge won't subpoena TRC |url=https://mg.co.za/article/1997-06-06-inquest-judge-wont-subpoena-trc/ |access-date=2024-01-13 |website=The Mail & Guardian |language=en-ZA}}{{Cite web |last=Marinovich |first=Greg |date=2014-03-27 |title=The Truth Elusive: Shell House massacre, 20 years later |url=https://www.dailymaverick.co.za/article/2014-03-28-the-truth-elusive-shell-house-massacre-20-years-later/ |access-date=2024-01-13 |website=Daily Maverick |language=en}}

In October 2000, the Judicial Service Commission interviewed Nugent as a candidate for elevation to one of four vacancies in the Supreme Court of Appeal. During his interview, held in Pretoria, he was asked at length about transformation and affirmative action in the judiciary.{{Cite web |date=2000-10-27 |title=In judgement of the judges |url=https://mg.co.za/article/2000-10-27-in-judgement-of-the-judges/ |access-date=2024-01-13 |website=The Mail & Guardian |language=en-ZA}}{{Cite web |date=24 October 2000 |title=Being a judge 'not so easy' |url=https://www.news24.com/news24/being-a-judge-not-so-easy-20001024 |access-date=2024-01-13 |website=News24 |language=en-US}} By that time, according to the Mail & Guardian, he was "widely admired as being among the very best judges in this country".{{Cite web |date=2000-08-11 |title=Chance to turbo-charge reform |url=https://mg.co.za/article/2000-08-11-chance-to-turbo-charge-reform/ |access-date=2024-01-13 |website=The Mail & Guardian |language=en-ZA}}

President Thabo Mbeki appointed Nugent to the Supreme Court of Appeal in 2002. His notable appellate judgements include Oudekraal Estates v City of Cape Town, co-written with Craig Howie,{{Cite web |date=2004-06-21 |title=Rebuilding of past is sign of hope for future |url=https://mg.co.za/article/2004-06-21-rebuilding-of-past-is-sign-hope-for-future/ |access-date=2024-01-13 |website=The Mail & Guardian |language=en-ZA}} and Greys Marine Hout Bay v Minister of Public Works, both important judgements in administrative law, as well as Midi Television v Director of Public Prosecutions (Western Cape) on the limits of the sub judice rule.{{Cite web |date=2007-07-20 |title=Sanef welcomes 'sub-judice' judgement |url=https://mg.co.za/article/2007-07-20-sanef-welcomes-subjudice-judgement/ |access-date=2024-01-13 |website=The Mail & Guardian |language=en-ZA}}

While serving as a judge of appeal, Nugent was twice shortlisted by the Judicial Service Commission as a candidate for elevation to the Constitutional Court of South Africa. In 2009, he was one of 24 candidates nominated for four vacancies on the Constitutional Court,{{Cite web |date=1 September 2009 |title=You be the judge |url=https://www.news24.com/news24/you-be-the-judge-20150429 |access-date=2024-01-13 |website=News24 |language=en-US}} but he withdrew his application after the Judicial Service Commission declined to investigate allegations of misconduct against Western Cape Judge President John Hlophe. Retired justice Johann Kriegler, who had nominated Nugent for the position,{{Cite news |date=3 September 2009 |title=Judge withdraws from Concourt race |url=https://www.iol.co.za/news/south-africa/judge-withdraws-from-concourt-race-457321 |access-date=13 January 2024 |work=IOL}} said that Nugent was "not prepared to submit his candidacy to the deliberations of people he does not trust".{{Cite web |date=17 September 2009 |title=Another judge gives up on JSC interviews |url=https://www.news24.com/citypress/politics/news/another-judge-gives-up-on-jsc-interviews-20090917 |access-date=2024-01-13 |website=City Press |language=en-US}}

In June 2012, Nugent was one of four candidates (alongside Raymond Zondo, Mandisa Maya, and Ronnie Bosielo) to fill Sandile Ngcobo's seat on the Constitutional Court,{{Cite web |date=11 May 2012 |title=Judges short-listed for ConCourt job |url=https://www.news24.com/news24/judges-short-listed-for-concourt-job-20150430 |access-date=2024-01-11 |website=News24 |language=en-US}}{{Cite web |date=2012-06-07 |title=Concerns raised over ConCourt four |url=https://mg.co.za/article/2012-06-07-concerns-raised-over-concourt-four/ |access-date=2024-01-11 |website=The Mail & Guardian |language=en-ZA}} and, during his interview in Johannesburg, he was subjected to "relentless grilling" over his decision to withdraw from contention in 2009.{{Cite web |date=2012-06-09 |title=Hard punches and soft-peddling by JSC in Con Court interviews |url=https://mg.co.za/article/2012-06-09-hard-punches-and-soft-peddling-by-the-jsc-in-con-court-interviews/ |access-date=2024-01-13 |website=The Mail & Guardian |language=en-ZA}}{{Cite web |date=2012-06-14 |title=Judicial autonomy frightens the JSC |url=https://mg.co.za/article/2012-06-14-judicial-autonomy-frightens-the-jsc/ |access-date=2024-01-11 |website=The Mail & Guardian |language=en-ZA}} The Judicial Service Commission recommended all four candidates as suitable for appointment, but President Jacob Zuma elected to appoint Zondo.{{Cite web |date=2012-10-01 |title=New Constitutional Court judge |url=https://www.derebus.org.za/new-constitutional-court-judge/ |access-date=2024-01-11 |website=De Rebus |language=en-US}}

Nugent retired from the bench in 2003. However, during his retirement, he was appointed by President Zuma to serve as an acting judge in the Constitutional Court from 3 November to 30 November 2015.{{Cite web |date=2015-11-04 |title=Acting Judge of the Constitutional court appointed |url=https://www.sanews.gov.za/south-africa/acting-judge-constitutional-court-appointed |access-date=2024-01-13 |website=South African Government News Agency |language=en}}

In May 2018, Zuma's successor, President Cyril Ramaphosa, appointed Nugent to chair a commission of inquiry into tax administration and governance at the South African Revenue Service (SARS), best known as the Nugent Commission.{{Cite web |date=2018-05-23 |title=Ramaphosa names retired Judge Robert Nugent to head SARS inquiry |url=https://mg.co.za/article/2018-05-23-ramaphosa-names-retired-judge-robert-nugent-to-head-sars-inquiry/ |access-date=2024-01-13 |website=The Mail & Guardian |language=en-ZA}} The commission's interim report, published in October 2018, led to the dismissal of SARS commissioner Tom Moyane.{{Cite web |date=2018-10-18 |title=Nugent: Moyane must go and that is final |url=https://mg.co.za/article/2018-10-18-nugent-moyane-must-go-and-that-is-final/ |access-date=2024-01-13 |website=The Mail & Guardian |language=en-ZA}} Moyane attempted unsuccessfully to interdict the commission's final report,{{Cite web |date=2018-12-11 |title=Court dismisses Moyane's bid to overturn his dismissal |url=https://mg.co.za/article/2018-12-11-court-dismisses-moyanes-bid-to-overturn-his-dismissal-1/ |access-date=2024-01-13 |website=The Mail & Guardian |language=en-ZA}} which was published in December 2018.{{Cite web |date=2018-12-14 |title=Sars breakdown was inevitable with Moyane at the helm — Nugent |url=https://mg.co.za/article/2018-12-14-breakdown-of-sars-was-inevitable-with-moyane-at-the-helm-nugent/ |access-date=2024-01-13 |website=The Mail & Guardian |language=en-ZA}}

{{Reflist}}

• [https://www.politicsweb.co.za/news-and-analysis/judge-robert-nugent-the-joburg-bar-councils-assess Review] by the Johannesburg Bar Council (2012)

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Category:1948 births

Category:20th-century South African lawyers

Category:20th-century South African judges

Category:21st-century South African judges

Category:University of the Witwatersrand alumni

Category:Judges of the Gauteng High Court

Category:Judges of the Supreme Court of Appeal (South Africa)

Category:Living people

Category:People from Germiston

Category:South African Senior Counsel

Category:Alumni of Kimberley Boys' High School