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01 July 2019 | Story Eloise Calitz | Photo Charl Devenish
Justice Molemela and Mr Nikile Ntsababa
Dr Mahube Molemela receives her honorary doctorate certificate from the Registrar, Mr Nikile Ntsababa.

Madam Justice Mahube Betty Molemela obtained her LLB and LLM degrees from the UFS, and a number of postgraduate diplomas from various institutions of higher learning. She also lectured on a part-time basis in the UFS Faculty of Law between 2001 and 2003, and actively supports the annual Kovsie Moot Court Competition.

Highlights of her achievements

Justice Molemela made history when she was appointed as the first female Judge President of the Free State Division of the High Court of South Africa. She is only the second female to be appointed in this capacity in South Africa. During her tenure as Judge President, the highest number of female candidates were invited to act as judges in the Free State Division of the High Court. In 2015, she was appointed for two terms as a judge of the highest court in the country, the Constitutional Court. In 2018, Justice Molemela was appointed to the Supreme Court of Appeal of South Africa. 

Community Involvement

Justice Molemela plays an active role in the community – from actively empowering farm workers and upcoming farmers through initiatives of the Free State Rural Development Association, to presentations and training on business enterprises. She also served as  chairperson of the Valuations Court and as provincial board member of Absa Bank. 

Her involvement in the legal profession and legal community includes serving as a councillor for the Free State Law Society and as board member of the Free State School for Legal Practice in the Law Society of South Africa. Justice Molemela also teaches Trial Advocacy under the auspices of the Legal Education Centre Trust. 

Awards and recognitions

In 2009, she received a recognition award from her alma mater, the Albert Moroka High School in Thaba Nchu. In 2015, she received a recognition award from the South African Chapter of the International Association of Women Judges. In 2016, she received the Chancellor’s Distinguished Alumnus Award and was appointed Chancellor of the Central University of Technology in the same year. In 2017, she received a Service Excellence Award from the Black Lawyers Association and a Transformation Award from the Black Conveyancers Association. In October 2018, CEO Global identified her as its 2018/19 finalist for the Most Influential Woman in Business and Government for the SADC region. 

“There will always be a need for judges because of social attrition,” says Justice Molemela. “I encourage Law students and young lawyers to consider this career path and to be intentional about their career choice. I think if you approach your career with the knowledge that you intend to be a judge, you will be in a better position to structure your career in a way that ensures that you obtain most of the skills that are needed to become a good judge.”



News Archive

Wrongful suffering must be compensated, Prof Johann Neethling argues
2016-04-20

Description: Prof Johan Neethling, wrongful suffering must be compensated Tags: Prof Johan Neethling, wrongful suffering must be compensated

From the left are Prof Jonathan Jansen, Vice-Chancellor and Rector, Prof Caroline Nicholson, Dean of the Faculty of Law, Prof Neethling, Prof Rita-Marie Jansen, Vice-Dean, and Dr Brand Claassen, Head of the Department of Private Law.
Photos: Stephen Collett

On 11 April, the Faculty of Law held the first of the year’s series of Prestige Lectures presented by Prof Johann Neethling, Senior Professor in the Department of Private Law.  The event was attended by senior faculty members, the Dean of Law Prof, Caroline Nicholson, and the Vice-Chancellor and Rector, Prof Jonathan Jansen.

In his opening remarks, Prof Jansen said “Prestige lectures are at the heart of a university’s academic endeavour. It would serve the university community well to present them more often, as they go to the heart of important issues that affect society”

Prof Neethling made a compelling case for compensation for wrongful suffering by a child born with impairments. Since the mid-1960s, the actions of wrongful conception and wrongful birth have been recognised in South African law. Wrongful conception is defined as when a healthy child is born as a result of failed sterilisation or abortion, and wrongful birth is when a doctor fails to inform parents of a disability before the birth of their child.

“The reality is that a child born with impairments may indeed suffer (sometimes extreme) pain, loss of amenities of life, which would justify an award of damages,” he said.

So far, the action for wrongful suffering has been dismissed by the High Court and the Supreme Court of Appeal. However, he highlighted several cases where wrongful conception and wrongful birth was recognised by the courts.

“Why can the same approach (for wrongful conception and wrongful birth) not be followed in wrongful suffering claims by accepting that a disabled child seeks to address the consequences of its birth?” he asked.

Prof Neethling is regarded as one of the greatest minds in Private Law, not only in South Africa but in the African continent.

A festschrift, Essays in Honour of Johann Neethling (2015), with contributions from more than 50 of his peers around the world, was also launched at the lecture.

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