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The Honourable
Rammaka Mathopo
Justice of the Constitutional Court
Incumbent
Assumed office
1 January 2022
Appointed byCyril Ramaphosa
Judge of the Supreme Court of Appeal
In office
1 June 2015 – 31 December 2021
Appointed byJacob Zuma
Judge of the High Court
In office
26 January 2006 – 31 May 2015
Appointed byThabo Mbeki
DivisionGauteng
Personal details
Born
Rammaka Steven Mathopo

(1963-01-28) 28 January 1963 (age 61)
Transvaal, South Africa
Alma materUniversity of the North

Rammaka Steven Mathopo (born 28 January 1963) is a judge of the Constitutional Court of South Africa. Before his elevation to that court in January 2022, he served in the Supreme Court of Appeal between June 2015 and December 2021. He was formerly a judge of the Gauteng High Court from January 2006 to May 2015, and he practised as an attorney for 17 years before then.

Early life and education

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Mathopo was born on 28 January 1963 in the region that later became Gauteng.[1] He was one of 11 siblings.[2] He matriculated at Mokomene High School in boTlokwa, north of Polokwane in present-day Limpopo, and completed a BProc at the University of the North in 1985.[1][3] He was a member of the Azanian Students' Organisation, an anti-apartheid group.[1]

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Mathopo served his articles at SC Mhinga Attorneys between 1985 and 1989, when he was admitted as an attorney.[1] Thereafter he opened his own practice, Mathopo Attorneys, where he practised until 2006.[1] During that time, in 1993, he was the instructing attorney for the Motsuenyane Commission of Enquiry, which the African National Congress appointed internally to investigate allegations of abuses in Umkhonto we Sizwe military camps.[1] Later, he served two terms as an acting judge in the Gauteng High Court in 2005.[1]

Gauteng High Court: 2006–2015

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On 26 January 2006, Mathopo was appointed permanently to the bench of the Gauteng High Court, where he served for the next 11 years.[1] During that period, in 2013, he presided in Democratic Alliance v Acting National Director of Public Prosecutions and Others, a highly prominent case concerning the so-called spy tapes saga.[4] Mathopo ruled in favour of the opposition Democratic Alliance in ordering the National Prosecuting Authority (NPA) to make public the "spy tapes" – taped conversations between prosecutor Bulelani Ngcuka and Scorpions head Leonard McCarthy – which had led the NPA to withdraw its corruption charges against President Jacob Zuma.[5][6] However, Mathopo declined to find acting NPA head Nomgcobo Jiba guilty of contempt of court for her failure to release the recordings before then.[3] His judgement was upheld by the Supreme Court of Appeal in Zuma v DA a year later.[3]

Another of Mathopo's reported High Court judgements was Print Media SA and SA National Editors Forum v Minister of Home Affairs and Publications Board, which declared provisions of the Films and Publications Act to be inconsistent with the Constitution; that order was confirmed by the Constitutional Court of South Africa in 2012.[3] Mathopo also served a lengthy stint as an acting judge of the Supreme Court of Appeal between December 2013 and December 2014.[1][7]

Supreme Court of Appeal: 2015–2022

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In April 2015, Mathopo was among six candidates shortlisted for appointment to one of two vacancies on the Supreme Court of Appeal. He was viewed as one of the frontrunners, alongside Nambitha Dambuza and Trevor Gorven.[8] He was interviewed on 14 April 2015 by the Judicial Service Commission,[9] which subsequently nominated him and Dambuza for appointment.[10][11] President Zuma duly appointed him to the Supreme Court with effect from 1 June 2015.[12][13]

During his years in the Supreme Court of Appeal, Mathopo twice acted as a judge in the Constitutional Court, first between August and November 2019 and then between February and November 2020.[1] During his first acting term, he wrote the Constitutional Court's majority judgement in Tshabalala v S; Ntuli v S. The judgement confirmed that the common purpose doctrine applied to the crime of rape, including gang rape, with the implication that individuals could be convicted of rape even if they had not carried out the physical instrumentality of the sexual encounter.[14] The ruling was widely commended as progressive.[2][15][16] Other majority judgements he wrote while acting in the Constitutional Court included MEC for Health, Western Cape v Coetzee;[17] National Union of Metal Workers of South Africa v Aveng Trident Steel;[18] and Premier of Gauteng v Democratic Alliance,[19] which set aside the decision of the Gauteng Executive Council to place the City of Tshwane under provincial administration.[20]

Constitutional Court: 2022–present

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In February 2021, the Judicial Service Commission shortlisted Mathopo and nine others for appointment to one of two vacancies in the Constitutional Court.[21] During his three-hour interview on 13 April, Chief Justice Mogoeng Mogoeng consumed an hour with questions about alleged frictions on the Supreme Court bench.[3] Mathopo confirmed that he had seen "colleagues, especially junior colleagues... subjected to unfair criticism, unfair differentiation [and] unfair treatment by the senior colleagues", and he also suggested that some of the seniors were opposed to his own elevation.[22] However, he also said that Mandisa Maya had ameliorated the situation when she was appointed as Deputy President of the Supreme Court.[23] The Sunday Times reported that Mathopo was a "favourite candidate among lawyers",[2] and the panel praised him for his involvement in judicial education and mentorship.[3] It recommended him and four others for appointment to the vacancies.[24]

However, the Council for the Advancement of the South African Constitution challenged the recommendation, citing inappropriate treatment of some of the other candidates, and the Judicial Service Commission agreed to re-run the interview process.[25] Mathopo's second interview, held on 4 October,[26] was also viewed as a success.[27] Commentator Eusebius McKaiser commended him for "not gaming like some of the other candidates when asked thorny questions, but offering honest answers and making a case for why he holds these thoughts".[28] The Judicial Service Commission again recommended the same five candidates, including Mathopo,[29] and Mathopo and Jody Kollapen were the pair whom President Cyril Ramaphosa selected for appointment in December.[30] They took office on 1 January 2022.[31] Mathopo's first judgment as a permanent member of the court was a unanimous judgment in TM v Member of the Executive Council for Health and Social Development, Gauteng in May 2022.[32]

Personal life

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He is married to Ellen Vusiwana Mathopo and has two children.[1] He is a member of the Rhema Church.[3] He is a grandfather of 2

References

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  1. ^ a b c d e f g h i j k "Mathopo, Rammaka Steven". Supreme Court of Appeal. Retrieved 14 March 2022.
  2. ^ a b c "ConCourt gets two new justices". Sunday Times. 24 December 2021. Retrieved 23 November 2023.
  3. ^ a b c d e f g "Judge R S Mathopo". Judges Matter. Retrieved 23 November 2023.
  4. ^ Evans, Sarah (25 July 2013). "What to do about Zuma's spy tapes?". The Mail & Guardian. Retrieved 23 November 2023.
  5. ^ "Court orders prosecuting authority to give 'spy tapes' to DA". Business Day. 16 August 2013. Retrieved 23 November 2023.
  6. ^ "Zuma spy tapes: Court gives NPA 5 days to hand over transcripts to DA". News24. 16 August 2013. Retrieved 23 November 2023.
  7. ^ "SCA slams prosecution's 12 year delay". News24. 26 September 2014. Retrieved 23 November 2023.
  8. ^ "Tight race for top appeal court posts". Business Day. 13 April 2015. Retrieved 23 November 2023.
  9. ^ Tolsi, Niren (30 April 2015). "Bracing wind of change buoys JSC". The Mail & Guardian. Retrieved 23 November 2023.
  10. ^ Etheridge, Jenna (15 April 2015). "Bloem, Mbenenge recommended for judge positions". News24. Retrieved 23 November 2023.
  11. ^ "Pair recommended for supreme court appointments". Business Day. 15 April 2015. Retrieved 23 November 2023.
  12. ^ Hartleb, Thomas (1 June 2015). "Zuma appoints 6 judges". News24. Retrieved 23 November 2023.
  13. ^ "Six judicial vacancies filled". South African Government News Agency. 2 June 2015. Retrieved 23 November 2023.
  14. ^ Maphosa, Ropafadzo (26 November 2022). "Progressive or regressive rape case law? Tshabalala v S; Ntuli v S 2020 2 SACR 38 CC". South African Crime Quarterly (71). doi:10.17159/2413-3108/2022/vn71a12401. ISSN 2413-3108.
  15. ^ Rabkin, Franny (12 December 2019). "ConCourt: It's not just the man whose penis penetrates who is the rapist". The Mail & Guardian. Retrieved 23 November 2023.
  16. ^ "Editorial: ConCourt finds patriarchy guilty". The Mail & Guardian. 13 December 2019. Retrieved 23 November 2023.
  17. ^ [2020] ZACC 3.
  18. ^ [2020] ZACC 23.
  19. ^ [2021] ZACC 34.
  20. ^ Gerber, Jan (4 October 2021). "ConCourt finds Gauteng government unlawfully placed Tshwane under administration". News24. Retrieved 23 November 2023.
  21. ^ "JSC shortlists candidates for judicial positions". News24. 2 February 2021. Retrieved 23 November 2023.
  22. ^ Chabalala, Jeanette (14 April 2021). "Supreme Court of Appeal's 'top six' continues to dominate JSC interviews". News24. Retrieved 23 November 2023.
  23. ^ Chabalala, Jeanette (13 April 2021). "ConCourt candidate claims SCA 'top six' treated colleagues unfairly". News24. Retrieved 23 November 2023.
  24. ^ Chabalala, Jeanette (14 April 2021). "JSC recommends 5 candidates for ConCourt Bench vacancies". News24. Retrieved 23 November 2023.
  25. ^ Smit, Sarah (12 August 2021). "Recommendations for ConCourt appointments set aside, JSC to conduct new interviews in October". The Mail & Guardian. Retrieved 23 November 2023.
  26. ^ Ferreira, Emsie (5 October 2021). "The usual contenders and some surprises on long list for chief justice job". The Mail & Guardian. Retrieved 23 November 2023.
  27. ^ "Zondo runs tight ship in maiden JSC interviews voyage". Business Day. 4 October 2021. Retrieved 23 November 2023.
  28. ^ McKaiser, Eusebius (6 October 2021). "Be blunt JSC, should white men not apply to be Constitutional Court judges?". Business Day. Retrieved 23 November 2023.
  29. ^ Ferreira, Emsie (5 October 2021). "JSC interviews for ConCourt, round two: better process, same outcome". The Mail & Guardian. Retrieved 23 November 2023.
  30. ^ "Judges Jody Kollapen and Steven Mathopo appointed to Constitutional Court". Daily Maverick. 24 December 2021. Retrieved 25 December 2021.
  31. ^ Mthethwa, Cebelihle (24 December 2021). "Ramaphosa appoints new ConCourt justices". News24. Retrieved 25 December 2021.
  32. ^ [2022] ZACC 18.
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