Early Life and Education
Growing Up During Apartheid
Justice Fikile Eunice Mokgohloa was born in Pretoria in 1961, a time when South Africa was gripped by apartheid. Despite the challenges of that era, she pursued her education with determination.
Studying Law
She earned a B Juris and then an LLB, laying the foundation for a career devoted to justice and equality.
Rise to the Bench
Breaking Barriers in a Male‑Dominated Field
Mokgohloa climbed the ranks to become a judge of the Supreme Court of Appeal, a notable achievement in a judiciary that had long been dominated by men.
Recognition from Peers
In 2012 her colleagues nominated her 14 times for the post of KwaZulu‑Natal deputy judge president, while her nearest rival received only three nominations—a clear sign of the respect she commanded.
Landmark Judgments
Protecting Informal‑Settlement Residents
In Mchunu and Others v Executive Mayor, Ethekwini Municipality and Others, she ruled against an illegal eviction order that had left thousands of Durban informal‑settlement dwellers homeless. The decision struck down the temporary court order and emphasized the need for policies that tackle systemic inequality.
Upholding the Right to Information
Her 2016 judgment in V & V Consulting (Pty) Ltd v Umlalazi Local Municipality affirmed that municipalities must comply with Section 32 of the Constitution and the Promotion of Access to Information Act. Mokgohloa held that any refusal to release information must be weighed against privacy and commercial concerns, reinforcing transparency in government.
Balancing Religious Marriage and Civil Rights
In TM v ZJ she addressed a woman married under Islamic law whose union was not registered under the Marriage Act. Despite the husband’s claim that talaq had ended the marriage, Mokgohloa ruled that the woman could still seek custody, maintenance, and legal‑cost relief under the Marriage Act. The judgment highlighted her belief that religious rights, fairness, and dignity must be balanced.
Community Outreach and Education
Street Law and Roadshows
While working as an attorney in Ga‑Rankuwa, Mokgohloa participated in the Street Law project, delivering roadshows in Ga‑Rankuwa, Winterveld, and Mabopane. These sessions taught ordinary people about their constitutional rights and how to assert them.
Inspiring Young Women
Her career path became a beacon for girls and young women, showing that it is possible to excel in law even when the field is heavily skewed toward men.
Legacy and Tribute
Words from the Minister
At her eulogy, Justice and Constitutional Development Minister Mmamoloko Kubayi conveyed condolences from President Cyril Ramaphosa, the government, and the South African people. She described Mokgohloa as a jurist whose work deepened South African jurisprudence and advanced social justice.
A Lasting Impact
Kubayi concluded by quoting Psalm 34:18, reminding everyone that “The Lord is close to the broken‑hearted and saves those who are crushed in spirit.” The nation mourns a jurist who dedicated her life to building a just society.
Conclusion
Justice Fikile Eunice Mokgohloa’s life was marked by courage, compassion, and an unwavering commitment to the rights of the vulnerable. Her judgments protected the homeless, upheld transparency, and respected the interplay between religious and civil rights. Through her community work, she empowered countless South Africans to know and claim their constitutional protections. Though she is gone, her legacy continues to inspire the judiciary, legal professionals, and every young person who dreams of a fairer South Africa.
