Date of Birth
17 September 1957
University
BA (1978), LLB cum laude (1980) (University of Cape Town), LLM (first class honours) (1981) (University of Sydney), PhD (1988) (London School of Economics)
History at the Court:
Appointed: 13 October 1994
Retired: 11 October 2009
Brief biography
Justice O’Regan practised as an attorney in Johannesburg specialising in labour law and land rights law for four years in the 1980s. During this period, she acted for a wide range of trade unions, anti-apartheid organisations and several communities facing the threat of eviction under the apartheid land policy.
In 1988, she joined the University of Cape Town Labour Law Unit as a researcher. In 1990, she became a senior lecturer in the Faculty of Law at the University of Cape Town (UCT). Over the next five years, she was a founder member of both the Law, Race and Gender Research Project and the Institute for Development Law at UCT. She was also an advisor to the African National Congress on land claims legislation, and to the National Manpower Commission on gender equality law. She also served as a trustee of the Legal Resources Trust.
During this period she co-edited a book on forced removals and the law entitled No Place to Rest, as well as the IMSSA Arbitration Digest (a digest of labour arbitration decisions). She was also one of the authors of A Charter for Social Justice: A Contribution to the South African Bill of Rights Debate. She also wrote numerous articles that were published in academic journals.
During her term at the Constitutional Court, she acted as Deputy Chief Justice in the absence of Justice Moseneke from February to May 2008.
In 2008, she was appointed by the secretary-general of the United Nations as chairperson of the newly established Internal Justice Council of the United Nations. The Council has been established to help ensure independence, professionalism and accountability in the internal administration of justice within the United Nations. One of the primary responsibilities of the Council is to identify suitable candidates for appointment as judges of the UN Dispute Tribunal and the UN Appeals Tribunal and to make recommendations to the General Assembly for the appointment of such judges.
Justice O’Regan continued her interest in academic teaching during her tenure as a judge. She has served as an honorary professor at theUniversity of South Africa and is currently an honorary professor at the University of Cape Town. She has been awarded honorary doctorates by the University of KwaZulu-Natal, the University of Cape Town and the London School of Economics and Political Science. She is also an honorary bencher of Lincoln’s Inn.
She has been an honorary consulting editor of the South African Law Reports since 1997 and serves on the editorial board of many South African legal publications.
Selection of Judgments written
- S v Bhulwana, S v Gwadiso (CCT12/95, CCT11/95) (http://www.saflii.org/za/cases/ZACC/1995/11.html)
- Besserglik v Minister of Trade, Industry and Tourism and Others (Minister of Justice intervening) (CCT34/95)(http://www.saflii.org/za/cases/ZACC/1996/8.html)
- Scagell and Others v Attorney-General, western Cape and Others (CCT42/95)(http://www.saflii.org/za/cases/ZACC/1996/18.html)
- Tsotetsi v Mutual and Federal Insurance Company Ltd (CCT16/95) (http://www.saflii.org/za/cases/ZACC/1996/19.html)
- African National Congress and Another v Minister of Local Government and Housing, KwaZulu-Natal and Others (CCT19/97)(http://www.saflii.org/za/cases/ZACC/1998/2.html)
- Premier, Province of Mpumalanga and Another v Executive Committee of the Association of Governing Bodies of State Aided Schools: Eastern Transvaal (CCT10/98) (http://www.saflii.org/za/cases/ZACC/1998/20.html)
- South African National Defence Union v Minister of Defence (CCT27/98) (http://www.saflii.org/za/cases/ZACC/1999/7.html)
- Veerasamy v Engen Refinery and Another (CCT16/00) (http://www.saflii.org/za/cases/ZACC/2000/7.html)
- Dawood and Another v Minister of Home Affairs and Others; Shalabi and Another v Minister of Home Affairs and Others; Thomas and Another v Minister of Home Affairs and Others (CCT35/99) (http://www.saflii.org/za/cases/ZACC/2000/8.html)
- Permanent Secretary of the Department of Education of the Government of the Eastern Cape Province and Another v Ed-U-College (PE) (Section 21) (CCT26/00) (http://www.saflii.org/za/cases/ZACC/2000/23.html)
- Fredericks and Others v MEC for Education and Training Eastern Cape and Others (CCT27/01)(http://www.saflii.org/za/cases/ZACC/2001/6.html)
- S v Bierman (CCT52/01) (http://www.saflii.org.za/za/cases/ZACC/2002/7.html)
- Khumalo and Others v Holomisa (CCT53/01) (http://www.saflii.org.za/za/cases/ZACC/2002/12.html)
- National Union of Metal Workers of South Africa and Others v Bader Bop (Pty) Ltd and Another (CCT14/02)(http://www.saflii.org.za/za/cases/ZACC/2002/30.html)
- Satchwell v President of the Republic of South Africa and Another (CCT48/02)(http://www.saflii.org.za/za/cases/ZACC/2003/2.html)
- Bato Star Fishing (Pty) Ltd v Minister of Environmental Affairs and Tourism and Others (CCT27/03)(http://www.saflii.org.za/za/cases/ZACC/2004/15.html)
- Mabaso v Law Society of the Northern Provinces (CCT76/03) (http://www.saflii.org.za/za/cases/ZACC/2004/8.html)
- Rail Commuters Action Group v Transnet Ltd t/a Metrorail (CCT56/03) (http://www.saflii.org.za/za/cases/ZACC/2004/20.html)
- K v Minister of Safety and Security (CCT52/04) (http://www.saflii.org.za/za/cases/ZACC/2005/8.html)
- African Christian Democratic Party v Electoral Commission and Others (CCT10/06)(http://www.saflii.org/za/cases/ZACC/2006/1.html)
- South African Liquor Traders Association and Others v Chairperson Gauteng Liquor Board and Others (CCT57/05)(http://www.saflii.org/za/cases/ZACC/2006/7.html)
- Giddey NO v JC Barnard and Partners (CCT65/05) (http://www.saflii.org/za/cases/ZACC/2006/13.html)
- South African National Defence Union v Minister of Defence and Others (CCT65/06)(http://www.saflii.org/za/cases/ZACC/2007/10.html)
- S v Shaik and Others (CCT86/07) (http://www.saflii.org/za/cases/ZACC/2008/7.html)
- Richter v The Minister for Home Affairs and Others (with the Democratic Alliance and Others Intervening, and with Afriforum and Another as Amici Curiae) (CCT03/09, CCT09/09) (http://www.saflii.org/za/cases/ZACC/2009/3.html)
- Mazibuko and Others v City of Johannesburg and Others (CCT39/09) (http://www.saflii.org/za/cases/ZACC/2009/28.html)