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Kubayi Mourns Passing of High Court Judge Vuyelwa Vivienne Tlhapi

by Selinda Phenyo
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Kubayi Mourns Passing of High Court Judge Vuyelwa Vivienne Tlhapi

By Mpho Moloi

Kubayi Mourns Passing of High Court Judge Vuyelwa Vivienne Tlhapi. Justice and Constitutional Development Minister Mmamoloko Kubayi has sent condolences on the passing of Judge Vuyelwa Vivienne Tlhapi. Tlhapi, who served at the Gauteng North High Court in Pretoria, passed away last week Thursday.

She was widely respected for her analytical jurisprudence, integrity and commitment to strengthening the rule of law. Throughout her distinguished career, Tlhapi advanced justice, accountability and good governance through landmark rulings, including the restoration of the AmaRharhabe kingship, the order compelling the release of records relating to the Nkandla project, and judgments reinforcing principles of fair process. Tlhapi devoted her life to public service, beginning as a Magistrate, progressing through private practice where she co-founded her own firms, and serving as an Independent Electoral Commission commissioner during South Africa’s first democratic elections.

She was selected for the pioneering Bridget Mabandla Aspirant Judges Programme and appointed a judge in 2010, earning a reputation for fairness, integrity, and dedication to constitutional and administrative justice. Kubayi has extended her heartfelt condolences to Tlhapi’s family, colleagues and the broader legal fraternity. “The justice family is poorer with the passing of Judge Tlhapi. Her unwavering commitment to justice, transparency, and fairness has left an enduring legacy in our courts,” said Kubayi.


Judge Tlhapi’s Illustrious Career and Contributions


Judge Vuyelwa Vivienne Tlhapi, who passed away on Thursday, 21 August 2025, at the age of 74, left behind a legacy of dedication to justice and public service. Born in 1950, she began her legal journey as a magistrate, where she honed her skills in upholding the law with fairness. She later entered private practice, co-founding her own law firms, which showcased her entrepreneurial spirit and commitment to legal excellence. Her role as a commissioner for the Independent Electoral Commission during South Africa’s landmark 1994 democratic elections was pivotal, ensuring the integrity of the voting process that marked the end of apartheid.


In 2009, Tlhapi was selected for the Bridget Mabandla Aspirant Judges Programme, a pioneering initiative aimed at training and appointing more women and previously disadvantaged individuals to the judiciary. She was appointed as a judge in 2010, serving at the Gauteng Division of the High Court in Pretoria. Over her tenure, she became known for her sharp analytical mind and unwavering integrity, handling complex cases with a focus on constitutional principles.


Her landmark rulings included restoring the AmaRharhabe kingship, a decision that upheld traditional leadership rights and cultural heritage. She also ordered the release of records related to the Nkandla project, promoting transparency in government spending. Other judgments reinforced fair administrative processes, setting precedents that strengthened accountability and good governance in South Africa. These contributions not only advanced justice but also inspired many in the legal field, particularly women and young lawyers aspiring to make a difference.


Minister Kubayi’s Condolences and the Justice Community’s Loss


Minister Mmamoloko Kubayi expressed deep sorrow over Judge Tlhapi’s death, extending heartfelt condolences to her family, colleagues, and the legal fraternity. She highlighted Tlhapi’s role in building a just society, noting her commitment to transparency and fairness. Kubayi’s statement reflects the profound impact Tlhapi had on the judiciary, where her absence leaves a noticeable gap.


The minister’s words echo sentiments from across the legal community, where tributes have poured in praising Tlhapi’s dedication. Colleagues remember her as a mentor who guided junior judges and lawyers with wisdom and kindness. Her work on administrative justice cases, in particular, has been lauded for upholding the Constitution and ensuring government actions remain accountable to the people.


This loss comes at a time when South Africa’s judiciary faces challenges like case backlogs and resource constraints. Tlhapi’s career serves as a reminder of the importance of integrity in overcoming these hurdles, inspiring ongoing reforms to make justice more accessible.

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