Delivering the keynote address at this year’s Griffiths and Victoria Mxenge Memorial Institutional Public Lecture, hosted by the Faculty of Law at Nelson Mandela University, Acting Justice of the Constitutional Court and University Council Chairperson, Justice Nambitha Dambuza, called on society to safeguard the principles of justice and constitutionalism – particularly in times of national disillusionment.
“I have entitled this lecture Holding Out for the Long Arm of the Law because of the long wait which this family and many other families in the same position have had to endure for justice to be served,” Justice Dambuza said.
The lecture – held every two years – forms part of Mandela University’s Institutional Public Lecture series, which is a distinct engagement platform aimed at advancing intellectual discourse and honouring legacies that intersect with the institution’s mission and values.
The Griffiths and Victoria Mxenge memorial lecture marked a solemn yet powerful commemoration of the life and legacy of the Mxenges, whose work as legal practitioners and anti-apartheid activists was cut short by apartheid state-orchestrated assassinations in 1981 and 1985, respectively. Their deaths, like those of other prominent struggle figures, are now the subject of reopened inquests as part of South Africa’s broader project of restorative justice.
“In this context, the long arm of the law refers to what we are seeing – the reopening of these inquests – signifying the long reach of our laws, particularly the principles of constitutional supremacy and the rule of law, which we all turn to for protection and vindication when we are confronted with injustices,” she said.
Citing past efforts to cover up the causes of Victoria Mxenge’s murder, which was initially dismissed by a magistrate as the act of “unknown persons”, Justice Dambuza reminded the audience of evidence uncovered through the Truth and Reconciliation Commission, including confessions by members of the so-called death squad.
“These inquests begin to record the identities of people who were involved in atrocities against struggle activists,” Justice Dambuza said.
“They reveal the systematic and blatant nature of the murders, collusion between the killers and doctors, and also the collusion or lack of will between magistrates (and judges) in covering up or intentionally ignoring evidence of brutality.”
Justice Dambuza drew parallels with the reopened Ahmed Timol inquest of 2017, describing it as a legal breakthrough that reversed earlier claims of suicide and found Security Branch officers culpable in Timol’s murder.
She said the report by Justice Mothle, who presided over Timol’s finalised inquest, demonstrated how everyone whose relatives died in detention needs healing.
“They need closure,” she said.
Turning to the contemporary relevance of constitutional justice, Justice Dambuza acknowledged growing public frustration with South Africa’s pace of transformation, but cautioned against scapegoating the Constitution itself.
While the Constitution may not be a perfect document, Justice Dambuza said it is a crucial framework for the country’s democracy, governance and future.
“My assessment is that South Africans are taking advantage of the rights, benefits, and mechanisms that flow from the constitutional framework that we have,” she said.
“I do not by any means suggest that we are taking full advantage of [these] benefits … We probably are nowhere near there, and we will probably never get to that point. But we are certainly keeping our court used to full capacity. Trust me – I know.”
She noted that the Constitution had been amended 17 times, which, for her, is evidence of its responsiveness rather than its failure.
“Constitutions are designed to endure… But they are not immutable documents. They are not cast in stone such that they endure regardless of changes in the circumstances and values of the citizens,” she said.
However, the functioning of the legal system relies on more than legal texts. Justice Dambuza pointed out that while the judiciary is independent, it is not immune to systemic weaknesses in investigation, prosecution and institutional credibility.
“If prosecution is paralysed by lack of resources and lack of capacity, delays will result, and the ability of the judiciary to properly administer justice will be hampered,” she said.
“The public is not interested in explanations that the judiciary does not initiate investigations and prosecutions. The overall result is erosion of public trust in the judiciary and a sense of impunity on the part of offenders.”
Justice Dambuza ended her address by commending the Mxenge family for their persistence in the long struggle for truth and justice.
“To the Mxenge family – as you embark on this journey of truth-seeking, we congratulate you for your tenacity and hope that our legal system will vindicate the death of your loved ones.”