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All Rise: A Judicial Memoir
Law as a profession was not Dikgang Moseneke's first choice. As a small boy he told his aunt that he wanted to be a traffic officer, but life had other plans for him. At the young age of 15, he was imprisoned for participating in anti-apartheid activities. During his ten years of incarceration, he completed his schooling by correspondence and earned two university degrees. Afterwards he studied law at the University of South Africa.Practising law during apartheid South Africa brought with it unique challenges, especially to professionals of colour, within a fraught political climate. After some years in general legal practice and at the Bar, and a brief segue into business, Moseneke was persuaded that he would best serve the country's young democracy by taking judicial office.All Rise covers his years on the bench, with particular focus on his 15-year term as a judge at South Africa's apex court, the Constitutional Court, including as the deputy chief justice. As a member of the team that drafted the interim Constitution, Moseneke was well placed to become one of the guardians of its final form. His insights into the Constitutional Court's structures, the personalities peopling it, the values it embodies, the human dramas that shook it and the cases that were brought to it make for fascinating reading.All Rise offers a unique, insider's view of how the judicial system operates at its best and how it responds when it is under fire. From the Constitutional Court of Arthur Chaskalson to the Mogoeng Mogoeng era, Moseneke's understated but astute commentary is a reflection on the country's ongoing but not altogether comfortable journey to a better life for all.
392 pages, Paperback
Published September 1, 2020
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Displaying 1 - 9 of 9 reviews
January 15, 2021
Oh my word.
This was such an energising memoir.
Justice Moseneke opened his heart and bled into this one.
I particularly enjoyed how he not only brought the readers into the court “room”, rather he invited us (the readers) into the workings of the Constitutional court and judiciary as a whole.
Many passages stuck with me, allow me to indulge you on just one:
The unsaid but well-observed rule of social interaction among judges is not to have conversations about religion, politics and sex...
...”No judge is fully insulated from personal values. Even so, the one thing each judicial officer must do is to display at most fidelity to the law at all times to the exclusion of personal and fancy.
At this particular “cliff-edge” lunch which took place shortly after Mogoeng Mogoeng had been appointed Chief Justice, it was religion that slipped in advertently into the conversation.
Often, if not always Mogoeng concluded his emails to colleagues on the court with the words “God bless you” and today Zak Yacoob had something he wanted to say.
He cleared his throat, lifted his head and face higher than usual, cleared his throat again and said politely:
“Mogoeng, please don’t finish off your emails to me with the words “God bless you”. You see, I do not think you have the authority to order God to bless me, nor do I need the prayer that God bless me. Look at me, I am an atheist and totally reprobate and yet I am just fine. I don’t pray bad I’m doing just fine. Look how far I have come.”
...The debate about the existence of God was never raised again, but after that Mogoeng no longer asked God to bless us on email.
This was such an energising memoir.
Justice Moseneke opened his heart and bled into this one.
I particularly enjoyed how he not only brought the readers into the court “room”, rather he invited us (the readers) into the workings of the Constitutional court and judiciary as a whole.
Many passages stuck with me, allow me to indulge you on just one:
The unsaid but well-observed rule of social interaction among judges is not to have conversations about religion, politics and sex...
...”No judge is fully insulated from personal values. Even so, the one thing each judicial officer must do is to display at most fidelity to the law at all times to the exclusion of personal and fancy.
At this particular “cliff-edge” lunch which took place shortly after Mogoeng Mogoeng had been appointed Chief Justice, it was religion that slipped in advertently into the conversation.
Often, if not always Mogoeng concluded his emails to colleagues on the court with the words “God bless you” and today Zak Yacoob had something he wanted to say.
He cleared his throat, lifted his head and face higher than usual, cleared his throat again and said politely:
“Mogoeng, please don’t finish off your emails to me with the words “God bless you”. You see, I do not think you have the authority to order God to bless me, nor do I need the prayer that God bless me. Look at me, I am an atheist and totally reprobate and yet I am just fine. I don’t pray bad I’m doing just fine. Look how far I have come.”
...The debate about the existence of God was never raised again, but after that Mogoeng no longer asked God to bless us on email.
This entire review has been hidden because of spoilers.
June 21, 2022
I have a bit of a romanticism with the South African legal system. My father has a history in the halls of justice, where he started as a court interpreter and was elevated by an eagle-eyed magistrate to the rungs of prosecutor. He has a legal brain and could have made a prodigious attorney or counsel. I often think of myself in this same light, though I must admit I am not as meticulous in my systematic thought processes of applying legal principles.
Perhaps this romance can be equated to the romance people have with architecture. I mean, everyone that loves beautiful houses swears they could have been an architect (scoffs). But let me lay the spice aside and try and review this book.
Before I do, it is worth a disclaimer that I have enjoyed a rather benevolent relationship with the South African justice system. This after being dragged before the high court on a bogus urgent application by an oafish character representing a “Big-Rich-Texan” corporation, after we fell out of terms in a business relationship.
To my great fortune, my aunt (a trained and former practicing attorney) happened to connect me with a maverick attorney, who in turn engaged an equally brilliant young counsel. Together they helped me slay the proverbial dragon. During this time, I was deeply engaged in details of how the law works in this country through conversations with relatives who I am fortunate to have on all sides of the justice system.
This is not a book about my legal exploits, however. It is of the judicial life and times of what I learned to be one of the more influential lawyers of the last 50 years or so. Justice Dikgang Moseneke was masterfully measured in how he took us through his life behind the bench.
I should have probably read his personal memoir, My Own Liberator, first. I do not regret reading the judicial one first though. It is well written and devoid of excessive self-praise that sometimes characterises books of this nature. I say devoid of excess for a reason; it is impossible to self-congratulate oneself when writing one’s own book. Surely!
I would recommend this book to any self-proclaimed bibliophile, Africanist and definitely to all my learned friends relatives whose world is occupied by jurisprudential thoughts and practices. It is a triumphant treatise on how the people that occupy our highest court see and approach our constitution as they make apex rulings. A must read.
Perhaps this romance can be equated to the romance people have with architecture. I mean, everyone that loves beautiful houses swears they could have been an architect (scoffs). But let me lay the spice aside and try and review this book.
Before I do, it is worth a disclaimer that I have enjoyed a rather benevolent relationship with the South African justice system. This after being dragged before the high court on a bogus urgent application by an oafish character representing a “Big-Rich-Texan” corporation, after we fell out of terms in a business relationship.
To my great fortune, my aunt (a trained and former practicing attorney) happened to connect me with a maverick attorney, who in turn engaged an equally brilliant young counsel. Together they helped me slay the proverbial dragon. During this time, I was deeply engaged in details of how the law works in this country through conversations with relatives who I am fortunate to have on all sides of the justice system.
This is not a book about my legal exploits, however. It is of the judicial life and times of what I learned to be one of the more influential lawyers of the last 50 years or so. Justice Dikgang Moseneke was masterfully measured in how he took us through his life behind the bench.
I should have probably read his personal memoir, My Own Liberator, first. I do not regret reading the judicial one first though. It is well written and devoid of excessive self-praise that sometimes characterises books of this nature. I say devoid of excess for a reason; it is impossible to self-congratulate oneself when writing one’s own book. Surely!
I would recommend this book to any self-proclaimed bibliophile, Africanist and definitely to all my learned friends relatives whose world is occupied by jurisprudential thoughts and practices. It is a triumphant treatise on how the people that occupy our highest court see and approach our constitution as they make apex rulings. A must read.
June 13, 2021
Moseneke's judicial memoir is as much personal as it is a social history of the Constitutional Court of South Africa up to the year 2016. It is a very insightful and fascinating read for those interested in the politics and administrative workings of constitutionalism in this country. Personally this book has enriched my appreciation and understanding of the Constitutional Court's role, of which I have the pleasure of working in and caring for.
February 12, 2022
I had to indulge in this interesting judicial memoir. There were a lot of legal terms or jargon that I learnt and had to take my time with reading it considering the technicalities in the book.
Mr Moseneke starts by providing a brief background on his life, where he says Law was not his first choice, growing up he wanted to be a traffic cop then he got arrested. Then when he was in prison he started studying law with hope of contributing to South African’s justice system.
Then he breaks up the book into four sections of the courts that he served under:
Chaskalson court: He explained how Nelson Mandela was inaugurated in 1995, then to how Thabo Mbeki appointed him and cases that they dealt with.
Langa court: What stood out for me was his narration on the Hlophe matter where he left us readers to make a judgement , Haibo we just mere mortal readers…. Something fishy there.
Ngcobo court: It was one of the shortest chapter he didn’t tell as much stories as the other three courts and what stood out for me was when Jacob Zuma wanted to extend Ngcobo’s term however it was challenged in court and didn’t succeed.
Mogoeng court: I thoroughly enjoyed reading about MM’s court are guess might be due to the fact that it’s recent and I have recollection of some of the cases. How he related how he was overlooked for the Chief Justice position for the 3rd time by Jacob Zuma and I might say I admire his integrity and grace that he went on to serve and stayed true to his oath of being a servant of the republic. I laughed so much at the story where MM used to end his emails with “God Bless You” then Zak Yacoob told MM that he must stop it because if there was a God he wouldn’t had let him become blind after 11 years of sight, I found that take to be interesting.
Post his retirement he led the arbitration for the Life Esidimeni commission of enquiry which was very sad.
Overall really enjoyed this memoir and learnt a thing or two about our justice system and also like his dedication on education where he said hopefully one day we will realise that every South African has a right to quality education.
Mr Moseneke starts by providing a brief background on his life, where he says Law was not his first choice, growing up he wanted to be a traffic cop then he got arrested. Then when he was in prison he started studying law with hope of contributing to South African’s justice system.
Then he breaks up the book into four sections of the courts that he served under:
Chaskalson court: He explained how Nelson Mandela was inaugurated in 1995, then to how Thabo Mbeki appointed him and cases that they dealt with.
Langa court: What stood out for me was his narration on the Hlophe matter where he left us readers to make a judgement , Haibo we just mere mortal readers…. Something fishy there.
Ngcobo court: It was one of the shortest chapter he didn’t tell as much stories as the other three courts and what stood out for me was when Jacob Zuma wanted to extend Ngcobo’s term however it was challenged in court and didn’t succeed.
Mogoeng court: I thoroughly enjoyed reading about MM’s court are guess might be due to the fact that it’s recent and I have recollection of some of the cases. How he related how he was overlooked for the Chief Justice position for the 3rd time by Jacob Zuma and I might say I admire his integrity and grace that he went on to serve and stayed true to his oath of being a servant of the republic. I laughed so much at the story where MM used to end his emails with “God Bless You” then Zak Yacoob told MM that he must stop it because if there was a God he wouldn’t had let him become blind after 11 years of sight, I found that take to be interesting.
Post his retirement he led the arbitration for the Life Esidimeni commission of enquiry which was very sad.
Overall really enjoyed this memoir and learnt a thing or two about our justice system and also like his dedication on education where he said hopefully one day we will realise that every South African has a right to quality education.
November 27, 2023
What a fitting title, All Rise, a judicial memoir. All Rise and stand up for what is just.
Firstly, I’ve never read a book where I can actually feel the presence of the author. It felt so real as though our former Deputy Justice is telling the story. Need I mention the sense of humor😁. Thoroughly entertained the chuckles in the mist of so much seriousness.
I would assume that those with a legal background or an interest in legal systems would enjoy this book. Oh the chronological order of the summary judgements handled by the Constitutional Court are accounted for. In layman’s terms, one could grasp how the system worked.
I must add that I appreciate the history lessons included in this book. The departure is historical to account for history.
I have gathered many lessons but reading this account has made me realise that Presidents should meet the country’s challenges with urgency. Usually, what is met with urgency and plan for resolve is the President’s legacy for the country. In this book, we experience President Mandela, Mbeki and Zuma and their treatment of the judiciary.
Finally, our Justice provides room for us to make our judgment on some matters that were not necessarily conclusive but impactful nonetheless.
Firstly, I’ve never read a book where I can actually feel the presence of the author. It felt so real as though our former Deputy Justice is telling the story. Need I mention the sense of humor😁. Thoroughly entertained the chuckles in the mist of so much seriousness.
I would assume that those with a legal background or an interest in legal systems would enjoy this book. Oh the chronological order of the summary judgements handled by the Constitutional Court are accounted for. In layman’s terms, one could grasp how the system worked.
I must add that I appreciate the history lessons included in this book. The departure is historical to account for history.
I have gathered many lessons but reading this account has made me realise that Presidents should meet the country’s challenges with urgency. Usually, what is met with urgency and plan for resolve is the President’s legacy for the country. In this book, we experience President Mandela, Mbeki and Zuma and their treatment of the judiciary.
Finally, our Justice provides room for us to make our judgment on some matters that were not necessarily conclusive but impactful nonetheless.
August 11, 2023
Mr Moseneke has managed, quite well, to offer fruitful insight, not only into his limitless experience in the broad array of roles he played in the judicial branch of government in South Africa, but also into the mechanics of our constitutional jurisprudence and the progress we have made (and failed to make) as far as our democratic project is concerned.
I impulsively purchased this book at the Garden Route Mall in George during my visit there for the Knysna Forest Run in July. I started reading it shortly thereafter - roughly two weeks before my admission as an Attorney of High Court of South Africa. What a wonderful experience: on the one hand to read of paths that Mr Moseneke and I have both traversed (as LLB graduates and candidate attorneys), and on the other to also be enlightenend of the big shoes Mr Moseneke has given the rest of the legal fraternity to fill. Thank you Mr DCJ.
I impulsively purchased this book at the Garden Route Mall in George during my visit there for the Knysna Forest Run in July. I started reading it shortly thereafter - roughly two weeks before my admission as an Attorney of High Court of South Africa. What a wonderful experience: on the one hand to read of paths that Mr Moseneke and I have both traversed (as LLB graduates and candidate attorneys), and on the other to also be enlightenend of the big shoes Mr Moseneke has given the rest of the legal fraternity to fill. Thank you Mr DCJ.
October 13, 2020
Optimistic but a great read
I absolutely loved this book. Perhaps one or two dry chapters, but you can expect that from any book really. I do feel that Justice Moseneke is a little to optimistic when it comes to the courts and it’s bias or lack of it but as someone who never studied law or any had any interest before, I have certainly learned a lot about this field and it’s applications in our country. Justice Moseneke is also very modest and respectful while keeping honest to himself and what he feels.
I absolutely loved this book. Perhaps one or two dry chapters, but you can expect that from any book really. I do feel that Justice Moseneke is a little to optimistic when it comes to the courts and it’s bias or lack of it but as someone who never studied law or any had any interest before, I have certainly learned a lot about this field and it’s applications in our country. Justice Moseneke is also very modest and respectful while keeping honest to himself and what he feels.
January 9, 2024
Very interesting perspectives on the judiciary and especially the Constitutional court. An impressive and inspiring South Africsn, who knew and lived his principles. It starts and ends well but there are parts in the middle that feel like they are written by a ghostwriter, quoting from archives. A read that does one’s humanity good.
February 14, 2021
Fantastic read for any Legal Practitioner or anyone else who has an interest in how the judiciary operates. The book is also filled with many anecdotes which reveal generally interesting and ubiquitously unknown facts about our history in South Africa.
Displaying 1 - 9 of 9 reviews