Edwin Cameron

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The Honourable
Edwin Cameron
Edwin Cameron in robes.jpg
Justice of the Constitutional Court of South Africa
Incumbent
Assumed office
1 January 2009
Appointed by President Kgalema Motlanthe
Judge of the Supreme Court of Appeal
In office
2000–2008
Appointed by President Thabo Mbeki
Judge of the Witwatersrand Local Division
In office
1994–2000
Appointed by President Nelson Mandela
Personal details
Born (1953-02-15) 15 February 1953 (age 62)
Pretoria, South Africa
Alma mater Stellenbosch University
Keble College, Oxford
University of South Africa

Edwin Cameron (born 15 February 1953 in Pretoria) is a judge on the Constitutional Court of South Africa.[1] He is well known for his HIV/AIDS and gay-rights activism and was hailed by Nelson Mandela as "one of South Africa's new heroes".[2]

Early life[edit]

Cameron was born in Pretoria. His father was imprisoned for car theft and his mother did not have the means to support him. He therefore spent much of his childhood in an orphanage in Queenstown.[3] His elder sister was killed when Cameron was nine.

Cameron won a scholarship to attend Pretoria Boys’ High School, one of South Africa's best state schools, and reinvented himself, he says, "in the guise of a clever schoolboy".[4] Thereafter he went to Stellenbosch University, studying Latin and classics, and then Oxford University as a Rhodes Scholar.[5] There he switched to law and earned a BA in Jurisprudence and the Bachelor of Civil Law, winning the Vinerian Scholarship. When he returned to South Africa he completed an LLB at the University of South Africa and was its best law graduate.

Cameron's early career combined academia and legal practice.[6] In 1982, while working as a senior lecturer at the University of the Witwatersrand, he famously wrote a scathing critique of the late Chief Justice L. C. Steyn, then a darling of the apartheid establishment.[7] Cameron practised at the Johannesburg Bar from 1983 to 1994. From 1986 he was a human rights lawyer at Wits's Centre for Applied Legal Studies, where in 1989 he was awarded a personal professorship in law.[1] Cameron's practice included labour and employment law; defence of African National Congress fighters charged with treason; conscientious and religious objection; land tenure and forced removals; and gay and lesbian equality. In 1992 he became a co-author (with Tony Honoré, one of his mentors at Oxford) of Honoré's South African Law of Trusts.[8] Cameron took silk in 1994.[1]

Judicial career[edit]

High Court[edit]

In October 1994, President Nelson Mandela appointed Cameron as an acting judge of the High Court to chair a commission of inquiry into illegal arms sales by Armscor, operating as the sales arm of the SANDF, to Yemen.[9] Cameron's report was described as a "hard-hitting" critique of Armscor's conduct, but was quickly eclipsed by myriad other allegations about the South African government's illegal arms trades.[10]

Cameron was appointed permanently to the Witwatersrand Local Division in 1995. His best-known judgment in this capacity is Holomisa v Argus Newspapers Ltd,[11] where Bantu Holomisa had brought a defamation suit against The Star for alleging that he had been "directly involved" in the infiltration into South Africa of an Azanian People's Liberation Army "hit squad" aimed at "killing whites". Cameron's judgment was described as a "most rigorous exposition" of the Constitution's application to private disputes and a "landmark" defence of free speech.[12] Others, while acknowledging the judgment had departed importantly from apartheid-era law, said it should have gone further in protecting journalists.[13] Cameron's position was substantially confirmed, in subsequent cases, by the Supreme Court of Appeal.[14]

Supreme Court of Appeal[edit]

In 1999, Cameron was given an acting stint on the Constitutional Court, during which he partook in its seminal judgments in Pharmaceutical Manufacturers and Grootboom and wrote the Liquor Bill judgment on provincial legislative powers[15] - the first, and still the only, case to be referred to the Court by the President of South Africa under section 79 of the Constitution.[16] The Judicial Service Commission had recommended that Cameron be permanently appointed, but Sandile Ngcobo was ultimately preferred due to the late intercession of Thabo Mbeki, then Deputy President, who felt the appointee should be black.[17][18]

Cameron was instead appointed to the Supreme Court of Appeal, which he served for eight years. There he wrote leading judgments on legal causation,[19] hearsay evidence,[20] public contracts[21] and contempt of court.[22] In Minister of Finance v Gore, Cameron co-authored a judgment with Fritz Brand that held the state could be delictually liable for causing pure economic loss by fraud.[23]

Constitutional Court[edit]

On 31 December 2008 President Kgalema Motlanthe appointed Cameron to the Constitutional Court, taking effect from 1 January 2009. He is considered a crucial member of the Court's progressive wing.[24] He has been described as a "jurist of the highest order",[24] "the greatest legal mind of his generation"[17] and "in a league of his own".[25]

Cameron's judgment in Glenister v President, co-authored with Deputy Chief Justice Dikgang Moseneke, struck down amendments to the National Prosecuting Act and South African Police Service Act on the basis that they failed to create an "adequately independent" anti-corruption unit.[26] This was praised as an "imaginative"[27] and "brilliant"[28] judgment by commentators and means South Africa must have an independent corruption-fighting agency notwithstanding the ruling ANC's controversial disbanding of the Scorpions.

Also well-known are Cameron's judgments on defamation law and free speech:

  • In The Citizen v McBride, Cameron's majority judgment enlarged the scope of the fair comment defence and substantially excused The Citizen from liability to Robert McBride for calling him a "murderer" unsuited for public office.[29]
  • Le Roux v Dey, handed down in 2012, concerned three schoolboys who had superimposed an image of their deputy principal's face on the naked body of one man masturbating alongside another. The Constitutional Court's majority judgment held the image was defamatory of the deputy principal.[30] Cameron, however, in a judgment co-authored with Justice Froneman, dissented on this point, saying it could not be actionable to imply someone is gay. Leading commentators praised this conclusion.[31] Others, however, criticised Cameron's "schizophrenic" judgment for holding that the picture had nevertheless actionably harmed the plaintiff's dignity by suggesting he engaged in "sexually promiscuous or exhibitionist" conduct.[32]
  • In Democratic Alliance v African National Congress, handed down in 2015, Cameron's majority judgment, co-authored with Justices Froneman and Khampepe, dismissed the ruling ANC's claim against the opposition Democratic Alliance for stating in a bulk SMS that Public Protector Thuli Madonsela's report shows how President Zuma "stole" taxpayers' money to build his Nkandla home.[33] The judgment was "hailed as a victory for freedom of expression during election campaigns",[34] though some thought it risked conceptual muddiness.[35]

Activism[edit]

Gay rights[edit]

Cameron at the first pride parade in South Africa

Cameron addressed the crowd in the first pride parade in South Africa held in Johannesburg on 13 October 1990.[36][37]

He oversaw the gay and lesbian movement's submissions to the drafters of the South African Constitution and was instrumental in securing the inclusion of an express prohibition on discrimination on the basis of sexual orientation.[1] He is one of 29 signatories to the Yogyakarta Principles.[38]

1995 saw the publication of Defiant Desire: Gay and Lesbian Lives in South Africa, "a celebration of the lives of gay men and lesbians in South Africa" which Cameron co-edited with Mark Gevisser.[39]

HIV/AIDS[edit]

From 1988 Cameron advised the National Union of Mineworkers on HIV/AIDS, and helped draft and negotiate the industry’s first comprehensive AIDS agreement with the Chamber of Mines. While at the Centre for Applied Legal Studies, he drafted the Charter of Rights on AIDS and HIV, co-founded the AIDS Consortium (a national affiliation of non-governmental organizations working in AIDS), which he chaired for its first three years, and founded and was the first director of the AIDS Law Project.[1]

Cameron had himself contracted HIV in the 1980s and became extremely ill with AIDS when working as a High Court judge.[40] His salary allowed him to afford anti-retroviral treatment, which saved his life. Cameron's realisation that he owed his life to his relative wealth caused him to become a prominent HIV/AIDS activist in post-apartheid South Africa, urging its government to provide treatment to all. He strongly criticised President Thabo Mbeki's AIDS-denialist policies.[41] Cameron was the first, and remains the only, senior South African official to state publicly that he is living with HIV/AIDS.[42][43]

His prize-winning first book, Witness to AIDS, is about his struggle with the illness. It has been published in South Africa, the UK, the US and in translation in Germany and in China.[40]

Awards[edit]

Between 1998 and 2008, Cameron chaired the Council of the University of the Witwatersrand. He is the patron of the Guild Cottage Children's Home, of the Soweto HIV/AIDS Counsellors' Association and of Community AIDS Response.[1]

His awards include the Nelson Mandela Award for Health and Human Rights (2000); Stellenbosch University's Alumnus Award; Transnet's HIV/AIDS Champions Award; and the San Francisco AIDS Foundation Excellence in Leadership Award. In 2008 he served as a member of the Jury of the Red Ribbon Award, a partnership of the UNAIDS Family. He is the 2009–2010 winner of the Brudner Prize from Yale University,[1] awarded annually to an accomplished scholar or activist whose work has made significant contributions to the understanding of LGBT issues or furthered the tolerance of LGBT people.

In 2002 the Bar of England and Wales honoured him with a Special Award for his contribution to international jurisprudence and human rights. He is an honorary fellow of the Institute of Advanced Legal Studies, London, and Keble College, Oxford; and was a visiting fellow of All Souls College, Oxford in 2003–04, researching "Aspects of the AIDS Epidemic, examining in particular the denialist stance supported by SA President Mbeki". In 2009 Cameron was appointed as an Honorary Master of the Bench of the Honourable Society of the Middle Temple.

Cameron was, until 2015, the general secretary of the Rhodes Scholarships in Southern Africa and is a patron of the Oxford University Commonwealth Law Journal.[44]

Media[edit]

Cameron's critical role in the battle for access to antiretroviral treatment in Africa and other parts of the global south is portrayed in the award-winning documentary Fire in the Blood.[45]

Publications[edit]

  • Witness to AIDS, Tafelberg, Cape Town: 2005.
  • Justice: A Personal Account, Tafelberg, Cape Town: 2014.

References[edit]

  1. ^ a b c d e f g "Justice Edwin Cameron profile", Constitutional Court of South Africa.
  2. ^ "Edwin Cameron", Media AIDS.
  3. ^ Cameron, Edwin (2014). Justice: A Personal Account. Tafelberg. 
  4. ^ Steyn, Richard (5 March 2014). "Justice Edwin Cameron, an activist". Financial Mail. 
  5. ^ "University of Oxford honours Justice Edwin Cameron, March 2011" http://www.rhodeshouse.ox.ac.uk/news/university-of-oxford-honours-justice-edwin-cameron
  6. ^ "JSC interview: Edwin Cameron", Constitutional Court website.
  7. ^ Cameron, Edwin (1982). "Legal Chauvinism, Executive-Mindedness and Justice--L C Steyn's Impact on South African Law". South African Law Journal. 
  8. ^ Honoré, Tony; Cameron, Edwin (1992). Honoré's South African Law of Trusts. Juta & Co Ltd. 
  9. ^ "Commission of Inquiry Into Alleged Arms Transactions Between Armscor and One Eli Wazan and Other Related Matters" (1995), Polity.
  10. ^ Brummer, Stefaans (2 June 1995). "SA's arms dealing underworld". Mail & Guardian. 
  11. ^ Holomisa v Argus Newspapers Ltd 1996 (2) SA 588 (W).
  12. ^ "In the year of the Constitution, SA begins moulding a Rechtstaat". Mail & Guardian. 24 December 1996. 
  13. ^ Serjeant at the Bar. "Publish and be damned". Mail & Guardian. 
  14. ^ National Media Ltd and Others v Bogoshi (1998) ZASCA 94; 1998 (4) SA 1196 (SCA).
  15. ^ Ex Parte President of the Republic of South Africa: In re Constitutionality of the Liquor Bill (1999) ZACC 15.
  16. ^ Bishop, Michael; Raboshakga, Ngwako. "Chapter 17: National legislative authority". In Bishop, Michael; Woolman, Stu. Constitutional Law of South Africa. Juta & Co Ltd. p. 31. 
  17. ^ a b McGreal, Chris (2 June 1999). "Mbeki under fire for veto of judge". The Guardian. 
  18. ^ "Zuma looks to Ngcobo as new chief justice". Mail & Guardian. 6 August 2009. 
  19. ^ S v Tembani (2006) ZASCA 123.
  20. ^ S v Ndhlovu and Others (2002) ZASCA 70.
  21. ^ Logbro Properties v Bedderson NO and Others (2002) ZASCA 135.
  22. ^ Fakie NO v CCII Systems (Pty) Ltd (2006) ZASCA 52.
  23. ^ Minister of Finance and Others v Gore NO (2006) ZASCA 98.
  24. ^ a b Calland, Richard (2013). "The Zuma Years (extract)". TheConMag. 
  25. ^ Myburgh, James (29 August 2008). "The great Constitutional Court mystery". Politicsweb. 
  26. ^ Glenister v President of the Republic of South Africa and Others (2011) ZACC 6
  27. ^ Boonzaier, Leo (2015-03-25). "A constitutional obligation to disclose political party funding?". African Legal Centre. Retrieved 2015-05-18. 
  28. ^ De Vos, Pierre (2011-03-18). "Glenister: A monumental judgment in defence of the poor". Retrieved 2015-05-18. 
  29. ^ The Citizen 1978 (Pty) Ltd and Others v McBride (2011) ZACC 11.
  30. ^ Le Roux and Others v Dey (2011) ZACC 4.
  31. ^ Milo, Dario; Palmer, Greg (17 March 2011). "Analysis: Schoolboy scandals and defamation in SA. Quo vadis?". DailyMaverick. 
  32. ^ MacKaiser, Eusebius (17 April 2011). "ConCourt loves gays but hates sex". Politicweb. 
  33. ^ Democratic Alliance v African National Congress (2015) ZACC 1.
  34. ^ de Vos, Pierre (21 January 2015). "The DA's SMSes: Judgment day and its likely impact". DailyMaverick. 
  35. ^ Milo, Dario; Winks, Ben (23 January 2015). "SMS ruling muddies the waters". Mail & Guardian. 
  36. ^ de Waal, Shaun; Manion, Anthony, eds. (2006). Pride: Protest and Celebration. Jacana Media. pp. 4–7,20–22,33,37. ISBN 9781770092617. Retrieved 22 July 2014. 
  37. ^ Blignaut, Charl (13 October 2012). "Some of us are freer than others". City Press. Archived from the original on 7 August 2013. Retrieved 30 July 2014. 
  38. ^ Signatories to the Yogyakrta Principles, p. 35
  39. ^ Cameron, Edwin; Gevisser, Mark (1995). Defiant Desire: Gay and Lesbian Lives in South Africa. Routledge. 
  40. ^ a b Cameron, Edwin (2005). Witness to Aids. Tafelberg. 
  41. ^ "Mbeki defiant about South African HIV/AIDS Strategy, The Lancet (2000) 356 at 225" http://download.thelancet.com/pdfs/journals/lancet/PIIS0140673600024892.pdf
  42. ^ "Bearing Witness, A&U Mag" http://www.aumag.org/features/CameronDec05.html
  43. ^ "Key People: Edwin Cameron",JournAIDS.
  44. ^ "Oxford University Commonwealth Law Journal - Board of Patrons". Retrieved 2009-03-19. 
  45. ^ http://fireintheblood.com/the-contributors