Justice Kate O'Regan: Law as a force for change
Kate O'Regan made history as one of the first judges appointed to South Africa's Constitutional Court in 1994 – a pivotal moment when a nation was redefining itself after decades of oppression.
Changing the patterns of inequality and injustice, which are still so embedded in South African society even 30 years later, is an ongoing project and a challenging one that requires perseverance, imagination, and commitment.
Today, this trailblazing jurist continues to shape the conversation on human rights as the director of the Bonavero Institute of Human Rights at Oxford University.
Growing up under apartheid's shadow, Kate O'Regan witnessed firsthand the social injustices that defined South African society. What began as a career in journalism evolved into a passionate pursuit of law when she discovered its potential to create meaningful change.
"The law should live in people's lives, it should have expression in their every day," O'Regan emphasises in her conversation with host Iman Rappetti on the Legal Luminaries podcast.
Before her appointment to the bench, O'Regan worked with trade unions and communities facing eviction – experiences that would inform her approach to justice. These formative years gave her insights into how legal principles affect ordinary citizens.
She reflects on the paradoxical nature of the system she worked within: "One of the unusual things about apartheid was that there were spaces in the law where you could assert rights, even at the worst times."
It was in these narrow spaces that legal work could make a difference.
The responsibility that came with her judicial role wasn't lost on O'Regan.
"So, it is a burden, but it's also a huge privilege, and it's one of the reasons why I'm absolutely convinced that having a diverse bench is really important," she explains.
Her time on the Constitutional Court saw her participate in landmark decisions, including the certification of the 1996 Constitution and the New National Party case.
On the importance of bringing different perspectives to the judiciary, she notes, "The best thinking happens when you disagree and when people bring a perspective you hadn't considered – one that makes you really think."
Throughout her career, O'Regan's commitment to justice has been anchored in a fundamental belief: "We all are protected by the idea The Rule of Law is accessible to everybody, and the courts will ensure before someone is convicted fairly that the evidence is beyond a reasonable doubt that they committed this crime."
This 'Legal Luminaries' episode offers a glimpse into the mind of a woman whose work embodies the difficult but essential process of translating constitutional ideals into lived reality for all South Africans.
Listen to it at the top of the page, or directly below.
More about Kate O'Regan:
Professor Kate O’Regan served as one of the first judges of the Constitutional Court of South Africa (from 1994 – 2009) and as an ad hoc judge of the Supreme Court of Namibia (from 2010 – 2016). Since 2016, she has served as the inaugural Director of the Bonavero Institute of Human Rights in the Faculty of Law at the University of Oxford. She has also served (and continues to serve) as a judge on several international tribunals and on the boards of NGOs working in the fields of democracy, the rule of law, human rights and equality. Her research is in the fields of comparative constitutional law and human rights. She is the chairperson of the Mandela Rhodes Foundation, a director of SAFLII npc and a member of the Oversight Board Trust.
Meanwhile, in last week’s episode of 'Legal Luminaries', Iman Rappetti spoke with legendary Justice Albie Sachs, who shared his remarkable journey from anti-apartheid activist to Constitutional Court judge.
More about 'Legal Luminaries'
'Legal Luminaries' is a captivating podcast series brought to you by Juta and Jacaranda FM. Hosted by television personality and author, Iman Rappetti, this JacPod Original takes you on a journey through the lives and experiences of renowned legal giants who have played a pivotal role in shaping South African law.
Whether you're a legal enthusiast, a student of law, or simply curious about the minds behind South African democracy and human rights, 'Legal Luminaries' is a must-listen.