Justice Steven Arnold Majiedt
“My inclination will always be for the downtrodden, the oppressed, for the little guy. Because that’s how I grew up, that’s what shaped my whole philosophy as a young lawyer.”
Justice Steven Arnold Majiedt is a current Justice of the Constitutional Court. His practising career was characterised by significant political work, and his ethos is primarily centred on advocating for the voiceless. During his time as a judge, he has ruled on matters both complex and controversial – ranging from international criminal law to the interpretation of statutory licensing requirements.
Early Life and Career
Steven Arnold Majiedt was born on 18 December 1960 in Kenhardt, a small town in the Northern Cape. Majiedt traces his family name to that of a Muslim slave brought from the Island of Java, Indonesia, to the Cape in South Africa.
Majiedt’s parents were both educators. His father was an activist committed to liberation in the region. When he was eight years old, his father was appointed as the principal of a primary school, leading the family to relocate to Barkly West. He matriculated at William Pescod High School in 1978, and completed a BA (Law) in 1981 followed by an LLB in 1983, both from the University of the Western Cape.
In 1984, upon completing his LLB, Majiedt hoped to practise as an attorney in Kimberley; however, he was unable to secure a position at a law firm, mostly due to apparent discrimination on the part of white firms, only one of which granted him an interview. As such, Majiedt decided to go to the Cape Bar and practise as an advocate. In 1984, he joined the Cape Bar and began work on the famous fifth floor of Huguenot Chambers. This floor was notoriously known as the “African National Congress/United Democratic Front” floor, due to the political alignment of the advocates who composed its ranks. Majiedt worked there alongside the likes of advocate Dullah Omar, who later became his mentor.
The same year that Majiedt began practising as an advocate, he was awarded the prestigious Fulbright Scholarship to complete an LLM at Stanford University in the United States. Nonetheless, Omar advised him to stay, saying: “You can’t go, we need young lawyers to fight in the trenches”.
In 1987, Majiedt received another offer to complete his LLM, this time at North Western University in Chicago. He declined the offer because of family reasons. Though Majiedt admits he would have liked to have completed an LLM, he still maintains that he has no regrets in not taking up the offers at the time. He feels that he learned instead from some of the greatest jurists in South African history, and that he made a modest contribution to the liberation struggle by defending political activists.
My greatest highlight was representing and defending people from all backgrounds and all walks of life during the liberation struggle. Not just the high-profile, high-media cases, but even those who were arrested for minor offences.
Steven Majiedt
Justice of the Constitutional Court
From 1997 until 1999 Majiedt joined the Northern Cape Premier’s Office as the Chief State Law Adviser for the Province. In 2000, he was appointed as a judge in the Northern Cape High Court where he worked until 2010, when he was appointed to the Supreme Court of Appeal. He also acted for a short stint at the Constitutional Court from January to May 2014.
Appointment to the Constitutional Court
On 11 September 2019, he was appointed to the Constitutional Court by President Ramaphosa.
I believe that judges should always remember that they are mere mortals. They are human beings who are prone to mistakes and shortcomings just like any other person. For this reason, judges should always remain humble and remember too, that they are servants of the people, and never better than those people who they serve.
Steven Majiedt
Justice of the Constitutional Court
Judgments of Interest
National Commissioner of the South African Police Service v Southern African Human Rights Litigation Centre and Another (2014)
This matter concerned whether or not the South African Police Service (SAPS) had a duty, in terms of South African domestic and international law, to investigate allegations of torture committed in Zimbabwe by the Zimbabwean police against civilians. The case centred on South Africa’s obligations under international criminal law (particularly the Rome Statute of the International Criminal Court) to undertake such investigations.
In a unanimous judgment written by the Acting Justice Majiedt, the Constitutional Court found that the implications of South Africa’s assent to the Rome Statute meant that the SAPS was obligated to investigate these grave allegations.
Our country’s international and domestic law commitments must be honoured. We cannot be seen to be tolerant of impunity for alleged torturers. We must take up our rightful place in the community of nations with its concomitant obligations. We dare not be a safe haven for those who commit crimes against humanity.
Acting Justice Steven Majiedt
the National Commissioner judgment, 30 October 2014
Cool Ideas 1186 CC v Anne Christine Hubbard and Another (2014)
In this matter, Cool Ideas entered into a building contract with Anne Christine Hubbard. Cool Ideas enlisted the services of a building construction company, Velvori Construction CC, to undertake the construction of Hubbard’s home. Velvori was registered as a home builder in terms of the Housing Consumers Protection Measures Act 1998 (the Act). Cool Ideas, a property developer, was not so registered at the time of entering into the agreement and when the building commenced. The building work was completed, but Hubbard took issue with the quality of the work and refused to make the final payment. She instituted arbitration proceedings in terms of an arbitration clause in the building contract, claiming the costs of remedial works. Cool Ideas counter-claimed for the balance of the contract price. The arbitrator found in favour of Cool Ideas.
Hubbard failed to comply with the arbitral award. She claimed that Cool Ideas was not a registered home builder in terms of the Act. However, Cool Ideas argued that the construction was done by Velvori, which was a registered home builder.
In a judgment written by Justice Majiedt, the Constitutional Court balanced principles of statutory interpretation, the law of arbitration (including international laws), criminal law, terms of licences and contract law. On behalf of the Constitutional Court, Justice Majiedt held that a purposive reading of the Act makes it clear that Cool Ideas was prohibited from commencing building works, and that by enforcing the arbitral award, the Court would be condoning an illegality.
The crisp issue is whether the penalisation for failure to register, namely the deprivation of consideration for services rendered by the home builder, is proportionate to the purpose of protecting housing consumers, that is, do the means of deprivation justify the ends of protection? I think they do. The purpose for deprivation is compelling. Moreover, it is a simple process of registration which is required. There is nothing overly complicated or onerous … It would suffice to reiterate their importance by demonstrating the invidious position a housing consumer who has unwittingly contracted with an unregistered home builder would find herself in.
Justice Steven Majiedt
the Cool Ideas judgment, 5 June 2014
Family and Personal Life
Majiedt is married to Rowena Mandy, who was a teacher before becoming a successful businesswoman. They have a daughter, Corinne Mandy. He lives with his family in Johannesburg and enjoys travelling in South Africa and internationally. Majiedt and his wife are avid golfers, although he admits wryly that he wishes he was better at the sport.
In the Words of Others
Not once in more than 10 years have I come across a candidate about whom no one had a bad word to say. Until Majiedt.
Franny Rabkin
News Editor, Mail & Guardian
There are a few remarkable and extraordinary people that you meet in your life who completely challenge your thinking and inspire you to become better. People who are so brilliant at their craft, their mere existence propels you to do better and be better. Justice Majiedt undoubtedly is one of those people.
He reminded me of what it means to be a great Justice – work hard and devote yourself to your craft but never forget to smile and laugh with those around you. Justice Majiedt is a brilliant and profound thinker – someone who exudes the values of the Constitution. One of the country’s finest resources and it was an absolute honour to work with him.
Sfiso Benard Nxumalo
law clerk to Justice Majiedt
