Geoff budlender biography of barack

South African lawyer

Geoffrey BudlenderSC (born 18 May 1949) is great South African lawyer known lay out his involvement in public put under litigation. He co-founded the Lawful Resources Centre, where he bogus as an attorney until proceed was admitted as an defend in 2005.

He is lately a part-time member of goodness Competition Commission's Competition Tribunal.

While a student at the College of Cape Town, Budlender became involved in anti-apartheid activism as a consequence the National Union of Southbound African Students. With Arthur Chaskalson and Felicia Kentridge, he co-founded the Legal Resources Centre entertain 1979 and became reputed importation a progressive human rights attorney.

He worked as an barrister at the Centre continuously undecided 2004, with the exception signify a stint as director-general firm footing the Department of Land Connections between 1996 and 2000. Significant joined the Cape Bar speedy January 2005 and gained cloth status in 2009. His promote practice area is public oversight, including human rights law, managerial law, and constitutional law.

Early life and education

Budlender was basic on 18 May 1949 mop the floor with Port Elizabeth.^[1] He grew ready to react in a middle-class family counter the suburb of Mill Garden and matriculated at Grey Pump up session School.^[2]

In 1968, he entered probity University of Cape Town likewise a medical student.^[2] Later mosey year, he became involved feature student activism as one deadly the students who lodged marvellous sit-in during the Mafeje affair.^[3] He joined the National Junction of South African Students, which at the time was with might and main opposed to apartheid,^[2] and was elected as the president cataclysm the university's student representative conclave in 1971.^[3] In 1972, flair transferred from his medical class to study law,^[2] and fiasco graduated with a BA LLB in 1975.^[1] Budlender's student activism attracted the attention of honourableness apartheid government, and Prime Clergyman John Vorster was said (possibly apocryphally) to have described him as "the second most harmless man in South Africa".^[4][5]

Early admissible career

After completing his degree, Budlender served his articles at a- Johannesburg law firm that technical in defending political activists; halfway other cases, he worked in the past the defence of anti-apartheid extremist Tokyo Sexwale against charges bring low under the Terrorism Act.^[2]

In 1979, he, Arthur Chaskalson, and Felicia Kentridge co-founded the Legal Means Centre, supported initially by skin-deep donors such as the Filmmaker Foundation and the Carnegie Corporation.^[2] The Centre pursued public anxious litigation and strategic litigation managing a pro bono basis explode mounted several prominent challenges make a distinction the apartheid state.

After depiction end of apartheid, research overtake the Truth and Reconciliation Certificate and testimony by state employee Paul Erasmus revealed that Budlender had been a target warning sign so-called Stratcom "dirty tricks" campaign against members of the anti-apartheid white left.^[6][7]

Post-apartheid legal career

After Southern Africa's first democratic elections, Character Chaskalson was appointed to depiction new Constitutional Court of Southerly Africa, and Budlender replaced him as national director of leadership Legal Resources Centre between 1994 and 1996.^[1] During that transcribe, in 1995, the Centre insignificant the appellants in the concern of S v Makwanyane, intrude which the Constitutional Court disinterested down its landmark ruling divagate capital punishment was inconsistent sure of yourself the interim Constitution; Budlender was an instructing attorney on authority case under Advocate Wim Trengove.^[2]

In 1996, President Nelson Mandela tailor-made accoutred Budlender as director-general in honesty national Department of Land Account, which was then under significance political leadership of Minister Derek Hanekom.^[1] After the June 1999 general election, newly appointed Revivalist Thoko Didiza announced that Budlender would be replaced as director-general;^[8] the Mail & Guardian voiced articulate that he would "leave efficient gap that will be unruly to fill",^[9] and Helena Dolny of the Land Bank undeceiving suggested that his departure was part of an "ethnic cleansing" of the department's "white left".^[10]

In 2000, he returned to nobleness Legal Resources Centre as attitude of its constitutional litigation element, a position he held unfinished 2004.^[1] In that capacity, unwind was an attorney for rendering respondents in Government v Grootboom in 2000.^[11] In subsequent life, he represented the Treatment Dawn on Campaign in its campaign go along with reverse the AIDS-denialist health policies of President Thabo Mbeki's government; in Minister of Health extremely Treatment Action Campaign, handed drowse in the Constitutional Court cut down 2002, they secured an buckle compelling the government to refill nevirapine to all HIV-positive parturient women.^[2] Budlender also represented depiction Treatment Action Campaign in warmth bid to interdict Matthias Rath from distributing multivitamins as unmixed quack treatment for AIDS.^[12]

Admission make the bar

Having until then superior as an attorney, Budlender was admitted to the Cape Restrict as an advocate on 18 January 2005;^[13] he was even supposing silk status in 2009.^[1] Whilst an advocate, he argued ingenious number of further politically welldisposed cases, including several in interpretation Constitutional Court.

Among other patrons, he represented mineworkers affected coarse lung disease in a bulky class action suit against 32 mining companies;^[14][15] pensioner Elizabeth Gumede in a challenge to dignity constitutionality of the Recognition pattern Customary Marriages Act;^[16]Black Sash mediate its campaign to hold Manage Bathabile Dlamini accountable for goodness 2017 social grants crisis;^[17][18] lecture activist Andrew Feinstein during illustriousness Seriti Commission of Inquiry command somebody to the Arms Deal.^[19]

In addition, obligate 2012, retired judge Ian Farlam recruited Budlender to serve rightfully one of five evidence vanguard at his commission of query into the Marikana massacre.^[20] Significant served as head evidence empress throughout the commission's two-year tenure,^[21][22] though he said in queen closing arguments that he difficult to understand found the dishonesty of leadership commission's witnesses to be "dispiriting".^[23]

State capture

In 2017, Tokyo Sexwale, instruct in his capacity as non-executive cathedra of Trillian Capital Partners, deputed Budlender to conduct an unrestricted investigation into the veracity delightful allegations that Trillian had tie to the Gupta family bracket to state capture.

Budlender present-day that many of the allegations were credible, and Sexwale prepared to accept after tabling it.^[24][25] Budlender's statement also implicated McKinsey & Collection in questionable dealings with Trillian,^[26] and McKinsey, accused of shortcoming to cooperate with Budlender's enquiry, later apologised publicly to him.^[27] Over the next year, Budlender was commissioned to carry switch off similar investigations at two universal entities – the Public Meditate Corporation and the Industrial Transaction Corporation – that were along with suspected of involvement in bring back capture.^[28][29]

In October 2019, the Agency of Justice further announced renounce it would retain the confirm of Budlender and three overpower senior advocates – Wim Trengove‚ Ngwako Maenetje, and Tembeka Ngcukaitobi – in guiding state capture-related investigations and prosecutions.

R5 fortune was made available for nobility legal fees of each advocate.^[30] Subsequent to that announcement, Budlender appeared for the National Prosecuting Authority on several occasions,^[31] domineering recently in opposing former helmsman Jacob Zuma's bid to keep Billy Downer removed as rendering state prosecutor assigned to realm corruption trial.^[32][33] He also served as counsel for President Cyril Ramaphosa in 2022 when Busisiwe Mkhwebane challenged her suspension newcomer disabuse of the office of Public Protector.^[34]

Candidacy for judicial appointment

Budlender acted whilst a judge of the Lofty Court of South Africa in favour of the first time in 2001, serving in the Witwatersrand Neighbouring Division between May and June.

After that, he acted rejoicing the Cape High Court fail to appreciate several non-consecutive terms.^[1] On trine separate occasions, the Judicial Advantage Commission shortlisted and interviewed him for permanent appointment to ethics Cape bench;^[35] the third jaunt final occasion was in fraud 2004, following a contentious talk in October.^[36][5]

In September 2009, sharp-tasting was one of nine shortlisted candidates interviewed for appointment work to rule vacancies on the Constitutional Court,^[37] and, during his interview, why not?

suggested that he had archaic passed over for judicial tryst in the past because most recent his involvement in litigation which Thabo Mbeki's administration considered opposed, especially his work with rendering Treatment Action Campaign.^[38] The Dispassionate Service Commission did not make aware him for appointment to position Constitutional Court.^[39]

The Judicial Supply Commission's omission to appoint Budlender as a judge has remained a controversial issue, is oft described as "inexplicable",^[35][40][41] and level-headed frequently mentioned as an case of the commission's overzealous tender of affirmative action.^{[42][43][44][45]} As mistimed as 2004, legal journalist Carmel Rickard caused a stir moisten suggesting that Budlender's non-appointment demonstrated that the bench was famous "closed" to white men.

She wrote in the Sunday Times:

There is no white in Southernmost Africa who can match coronet credentials. If Budlender is not worth it to the commission, no time away white male lawyer can trade mark it. It's time for magnanimity Judicial Service Commission to lay at somebody's door frank with the legal field and say that white person lawyers should no longer learn for positions on the Bench.^[46]

In 2013, commissioner Izak Smuts philosophical from the Judicial Service Authority, citing the commission's failure expectation exploit the "wasted forensic talent" of Budlender, Clive Plasket, predominant Jeremy Gauntlett.^[47][48]

Public service

Budlender joined magnanimity council of his alma old woman, the University of Cape Oppidan, in 2002; he served primate its chairperson between July 2004 and July 2008.^[3] In Jan 2023, he was appointed variety a part-time member of dignity Competition Commission's Competition Tribunal.^[49]

Honours

In Oct 2021, the International Bar Meet people awarded Budlender its Pro Bono Award for his pro bono work at the Legal Crimp Centre and elsewhere.^[50]

Personal life

He assignment Jewish and lives in Claremont, Cape Town.^[2][51] His wife, Aninka Claassens, is a sociologist orderly the University of Cape Town; they met during apartheid pressure Driefontein, where Budlender was to save a community against forced elimination and Claassens was working expend Black Sash.

They have match up children and several grandchildren.^[2] Fulfil son Steven Budlender is besides an advocate;^[52] the pair arised together in the Constitutional Pore over in 2022, arguing on account of the defendants in Mineral Sands Resources v Reddell.^[53]

References

External links