Selby Baqwa
{{Short description|South African judge, lawyer and ombudsman}}
{{Use dmy dates|date=April 2022}}
{{Infobox officeholder
| name =
| birthname = Selby Alan Masibonge Baqwa
| death_date =
| death_place =
| alma_mater = University of Fort Hare
University of South Africa
De Montfort University
| office =
| predecessor =
| successor =
| party = African National Congress (1976–1995)
| children =
| honorific_prefix = The Honourable
| appointer2 = Nelson Mandela
| birth_date = {{birth date and age|1951|05|4|df=yes}}
| birth_place = Bulwer, Natal
Union of South Africa
| termstart1 = 24 May 2012
| office1 = Judge of the High Court
| appointer1 = Jacob Zuma
| office2 = 1st Public Protector of South Africa
| termend2 = 30 September 2002
| termstart2 = 1 October 1995
| 1blankname1 = Division
| 1namedata1 = Gauteng
| predecessor2 = Office established
| successor2 = Lawrence Mushwana
}}
Selby Alan Masibonge Baqwa (born 4 May 1951) is a South African lawyer and judge who served as the Public Protector of South Africa from 1995 to 2002. He was appointed as a judge of the Gauteng Division of the High Court of South Africa in May 2012. In 2013, he was nominated unsuccessfully for elevation to the Constitutional Court, where he was an acting judge in 2023.
Born in KwaZulu-Natal, Baqwa practised as a lawyer in Durban between 1976 and 1995, first as an attorney and then, from 1988, as an advocate. He took silk in 1997. Between September 1995 and September 2002, he was South Africa's first Public Protector, appointed to that office by President Nelson Mandela. After he left public service, he was an executive at the Nedbank Group until he joined the judiciary.
Early life and education
Baqwa was born on 4 May 1951 in Bulwer in the former Natal Province.{{Cite journal |date=May 1998 |title=Senior advokate: Pretoria |url=https://www.gcbsa.co.za/law-journals/1998/may/1998-may-vol011-no1-pp16-18.pdf |journal=Consultus |volume=11 |issue=1 |pages=16}} He attended Umzimkulu Primary School in the Transkei and matriculated at St Francis College in Mariannhill in 1968. Thereafter he studied law, completing a BJuris at the University of Fort Hare in 1972 and an LLB at the University of South Africa in 1975. Later in his career, in 2002, he completed an MBA at De Montfort University in Leicester, United Kingdom.{{Cite book |url=https://capebar.co.za/attachments/Baqwa.pdf |title=Curriculum Vitae: Selby Alan Masibonge Baqwa |date=November 2012 |publisher=Cape Bar Council |pages=14–20}}
Early legal career
After graduating with his LLB, Baqwa was admitted as an attorney in 1976. He practised as an attorney in Durban for the next 12 years, first as an associate at MP Mbuli & Company from 1976, then as the sole director of Baqwa & Company from 1978, and finally as a senior partner at Baqwa, Moloto, Nzimande, Webster & Maul from 1986. He specialised in civil litigation but also handled criminal law matters, including political trials of anti-apartheid activists. In 1988, he was admitted as an advocate and left his practice as an attorney to join chambers at the Durban Bar.
Baqwa was politically active throughout this period. While in university, he was a member of the South African Students' Organisation, an anti-apartheid organisation, and he joined the African National Congress (ANC) in 1976, retaining his membership until he entered public service in 1995. He was a founding member of the National Association of Democratic Lawyers and served as its national president from 1994 to 1995.
Public Protector: 1995–2002
In September 1995, President Nelson Mandela appointed Baqwa as the inaugural Public Protector, an ombudsman position established under Chapter Nine of the post-apartheid Constitution. After making his first report to Parliament in June 1996,{{Cite web |date=1996-02-09 |title=Helping Mrs X through the morass |url=https://mg.co.za/article/1996-02-09-helping-mrs-x-through-the-morass/ |access-date=2024-01-28 |website=The Mail & Guardian |language=en-ZA}} he served a full seven-year term in the office, and during that time, in 1997, he was appointed as Senior Counsel.
Views on Baqwa's tenure as Public Protector were mixed. Many commentators agreed with Baqwa that the Public Protector was severely under-resourced,{{Cite web |date=1999-10-08 |title=A watchdog handicapped from birth |url=https://mg.co.za/article/1999-10-08-a-watchdog-handicapped-from-birth/ |access-date=2024-01-28 |website=The Mail & Guardian |language=en-ZA}}{{Cite web |date=1996-02-09 |title=Public's protector needs help himself |url=https://mg.co.za/article/1996-02-09-publics-protector-needs-help-himself/ |access-date=2024-01-28 |website=The Mail & Guardian |language=en-ZA}} complimenting the administrative prowess he demonstrated establishing the office in that context.{{Cite web |date=14 April 2016 |title=The highlights and lowlights of being Public Protector |url=https://www.news24.com/citypress/news/the-highlights-and-lowlights-of-being-public-protector-20160414 |access-date=2024-01-28 |website=City Press |language=en-US}}{{Cite web |date=2016-04-14 |title=SA's public protectors – the legacies, part one |url=https://www.corruptionwatch.org.za/sas-public-protectors-legacies-part-one/ |access-date=2024-01-28 |website=Corruption Watch |language=en-GB}}{{Cite web |last=Makhanya |first=Mondli |date=11 December 2016 |title=Drop obsession with Madonsela |url=https://www.news24.com/news24/opinions/columnists/voices/drop-obsession-with-madonsela-20161209 |access-date=2024-01-28 |website=News24 |language=en-US}} However, some commentators questioned the extent of Baqwa's independence from the ANC government, with Richard Calland saying that he was careful "not upset too many political apple carts too early in the life of a new institution". He was criticised in particular for his putatively lenient treatment of ANC politicians in the Public Protector's investigations into the Sarafina II and Arms Deal scandals.{{Cite web |date=2001-12-31 |title=Out, damned spot! |url=https://mg.co.za/article/2002-01-01-out-damned-spot/ |access-date=2024-01-28 |website=The Mail & Guardian |language=en-ZA}} He was nonetheless lauded for making adverse findings against Premier Ndaweni Mahlangu and Minister Penuell Maduna in two highly publicised scandals in 1999; his report in the Mahlangu matter was strongly rejected by the ANC majority in the Mpumalanga Provincial Legislature,{{Cite web |date=1999-09-30 |title=ANC blasts Baqwa |url=https://mg.co.za/article/1999-09-30-anc-blasts-baqwa/ |access-date=2024-01-28 |website=The Mail & Guardian |language=en-ZA}} and his report in the Maduna matter was rejected by the ANC majority in the National Assembly.{{Cite web |date=23 February 2001 |title=Baqwa wrong about Maduna – ANC |url=https://www.news24.com/news24/baqwa-wrong-about-maduna-anc-20010223 |access-date=2024-01-28 |website=News24 |language=en-US}} Mondli Makhanya reflected in 2016 that Baqwa "trod carefully so as not to alienate, but he still managed to hit hard."
= Assault charge =
In November 2000, Dolly Mkhulisi, a woman from Durban, laid a charge of assault against Baqwa, alleging that he had slapped her in a room at the Durban City Lodge on 30 October. Baqwa was at the hotel to attend an international conference, at which he was elected vice-president of the International Ombudsman Institute.{{Cite news |date=15 November 2000 |title=Woman accuses Selby Baqwa of assault |url=https://www.iol.co.za/news/politics/woman-accuses-selby-baqwa-of-assault-53118 |access-date=28 January 2024 |work=IOL}}{{Cite news |last=McGreal |first=Chris |date=2000-11-17 |title=South Africa's top crimebuster charged |url=https://www.theguardian.com/world/2000/nov/17/chrismcgreal |access-date=2024-01-28 |work=The Guardian |language=en-GB |issn=0261-3077}} Baqwa strongly declined the charge, with a spokesman saying that, "It is not unusual for people to sling mud at a person in his position," and Mkhulisi dropped the charge in mid-December.{{Cite web |date=17 November 2000 |title=Woman drops assault charge against Baqwa |url=https://www.news24.com/news24/woman-drops-assault-charge-against-baqwa-20001117 |access-date=2024-01-28 |website=News24 |language=en-US}}
= ''Noseweek'' dispute =
In April 2001, Noseweek reported that Baqwa, Judge Fikile Bam, and prosecutor Bulelani Ngcuka had attended a secret meeting at the home of ANC Chief Whip Tony Yengeni, where attendees had discussed ongoing investigations into Arms Deal corruption. Baqwa called the report "lies", saying that he and his family were on holiday in Namibia at the time the meeting was alleged to have taken place in December 2000.{{Cite web |date=12 April 2001 |title=Baqwa threatens Noseweek |url=https://www.news24.com/news24/baqwa-threatens-noseweek-20010412 |access-date=2024-01-28 |website=News24 |language=en-US}} Martin Welz, Noseweek
Nedbank Group: 2002–2011
Baqwa's seven-year term in the Public Protector's office ended at the end of September 2002.{{Cite web |date=2002 |title=Filling Baqwa's big shoes |url=https://mg.co.za/article/2002-01-01-filling-baqwas-big-shoes/ |access-date=2024-01-28 |website=The Mail & Guardian |language=en-ZA}} He told the media that others had suggested that the Constitution should be amended to permit him a second term, but that he found that proposal "improper"; he also said that, "People at quite a high level have suggested the bench. At this point, maybe not".{{Cite web |date=9 May 2002 |title=Baqwa declines a second term |url=http://www.dispatch.co.za/2002/05/09/southafrica/ABAQWA.HTM |archive-url=https://web.archive.org/web/20030714175328/http://www.dispatch.co.za/2002/05/09/southafrica/ABAQWA.HTM |archive-date=2003-07-14 |access-date=2024-01-28 |website=Daily Dispatch}} Instead, it was announced in July 2002 that he would join Nedcor in October as the company's first head of corporate governance.{{Cite news |date=23 July 2002 |title=Baqwa to join Nedcor's ranks of governance |url=https://www.iol.co.za/business-report/economy/baqwa-to-join-nedcors-ranks-of-governance-779286 |access-date=28 January 2024 |work=IOL}} After some complications in the appointment process,{{Cite web |date=2002 |title=Attempts to find public protector hits new snag |url=https://mg.co.za/article/2002-01-01-attempts-to-find-public-protector-hits-new-snag/ |access-date=2024-01-28 |website=The Mail & Guardian |language=en-ZA}} politician Lawrence Mushwana succeeded Baqwa as Public Protector in November 2002.{{Cite web |date=31 October 2002 |title=Mushwana new public protector |url=https://www.news24.com/news24/mushwana-new-public-protector-20021031 |access-date=2024-01-28 |website=News24 |language=en-US}}
Baqwa remained at Nedcor (renamed Nedbank) until July 2011, when he accepted appointment as an acting judge of the Gauteng Division of the High Court of South Africa.
Gauteng High Court: 2012–present
In March 2012, the Judicial Service Commission announced that Baqwa had been shortlisted for permanent appointment to one of six vacancies in the Gauteng High Court.{{Cite web |date=8 March 2012 |title=JSC shortlists ex public protector |url=https://www.timeslive.co.za/news/south-africa/2012-03-08-jsc-shortlists-ex-public-protector/ |access-date=2024-01-28 |website=Sunday Times |language=en-ZA}} He was nominated for the post by the former Chief Justice, Pius Langa.{{Cite web |date=12 May 2012 |title='I'm a new-generation judge' |url=https://www.news24.com/news24/im-a-new-generation-judge-20150429 |access-date=2024-01-28 |website=News24 |language=en-US}} Following its hearings in April that year, the Judicial Service Commission recommended Baqwa, Elizabeth Kubushi, and Bashier Vally for appointment,{{Cite web |date=24 April 2012 |title=Selby Baqwa recommended as Gauteng judge |url=https://www.news24.com/news24/selby-baqwa-recommended-as-gauteng-judge-20120424 |access-date=2024-01-28 |website=News24 |language=en-US}} and President Jacob Zuma confirmed their appointment with immediate effect on 24 May 2012.{{Cite web |date=24 May 2012 |title=Zuma appoints top new judges |url=https://www.news24.com/news24/zuma-appoints-top-new-judges-20120524 |access-date=2024-01-28 |website=News24 |language=en-US}}
Presiding in the Pretoria High Court, Baqwa heard two high-profile matters relating to the assassination of Chris Hani:{{Cite web |date=7 August 2018 |title=Meet the judge who will decide if Chris Hani's killer will get parole |url=https://www.timeslive.co.za/news/south-africa/2018-08-07-this-is-the-judge-who-will-decide-if-chris-hanis-killer-will-get-parole/ |access-date=2024-01-28 |website=Sunday Times |language=en-ZA}} in September 2018, he overturned Justice Minister Michael Masutha's decision to deport and refuse parole to assassin Janusz Waluś,{{Cite web |last=Lange |first=Ilse de |date=2018-09-06 |title=Janusz Walus may get parole and a lighter punishment |url=https://www.citizen.co.za/news/south-africa/janusz-walus-may-get-parole-and-a-lighter-punishment/ |access-date=2024-01-28 |website=The Citizen |language=en}} and before that, in a separate matter in May 2015, he granted medical parole to Waluś's accomplice, Clive Derby-Lewis.{{Cite web |last=Evans |first=Jenni |date=25 May 2015 |title=Derby-Lewis medical parole application starts |url=https://www.news24.com/news24/derby-lewis-medical-parole-application-starts-20150525 |access-date=2024-01-28 |website=News24 |language=en-US}}{{Cite web |last=Shange |first=Naledi |date=29 May 2015 |title=Derby-Lewis showed remorse – Judge |url=https://www.news24.com/news24/derby-lewis-showed-remorse-judge-20150529 |access-date=2024-01-28 |website=News24 |language=en-US}}
= Constitutional Court nomination =
In January 2013, Baqwa was among five candidates – the others being Ronnie Bosielo, Brian Spilg, Jeremy Gauntlett, and Mbuyiseli Madlanga – who was nominated for possible appointment to retired justice Zak Yacoob's seat in the Constitutional Court of South Africa.{{Cite web |date=16 January 2013 |title=Gauntlett on ConCourt judge shortlist |url=https://www.news24.com/news24/gauntlett-on-concourt-judge-shortlist-20130116 |access-date=2024-01-28 |website=News24 |language=en-US}} After holding hearings the following month, the Judicial Service Commission shortlisted Baqwa and three others (excluding Gauntlett).{{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=2024-01-28 |website=The Mail & Guardian |language=en-ZA}}{{Cite web |date=1 March 2013 |title=Zuma consults over Constitutional Court judge |url=https://www.news24.com/news24/zuma-consults-over-constitutional-court-judge-20150429 |access-date=2024-01-28 |website=News24 |language=en-US}} However, President Zuma declined to appoint Baqwa, selecting Madlanga instead.
A decade later, Baqwa was an acting judge in the Constitutional Court in 2023.{{Cite web |last=Govender |first=Prega |date=15 July 2023 |title=ConCourt rules against SACE in matter involving former Grey College Secondary principal |url=https://www.sowetanlive.co.za/news/south-africa/2023-07-15-concourt-rules-against-sace-in-matter-involving-former-grey-college-secondary-principal/ |access-date=2024-01-28 |website=Sowetan |language=en-ZA}}
Personal life
References
External links
- [https://www.judgesmatter.co.za/s-a-m-baqwa/ S. A. M. Baqwa] at Judges Matter
- [https://www.gcbsa.co.za/law-journals/1998/november/1998-november-vol011-no2-pp139-141.pdf Interview] with Consultus (November 1998)
- [https://capebar.co.za/attachments/Baqwa.pdf Application] to the Constitutional Court (November 2012)
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{{s-new|office}}
{{s-ttl|title=Public Protector|years=1995-2002}}
{{s-aft|after=Lawrence Mushwana}}
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{{DEFAULTSORT:Baqwa, Selby}}
Category:20th-century South African lawyers
Category:21st-century South African judges
Category:Alumni of De Montfort University
Category:University of Fort Hare alumni
Category:University of South Africa alumni
Category:People from Harry Gwala District Municipality
Category:Judges of the Gauteng High Court
Category:Public Protectors of South Africa