Chief Justice Margaret Marshall of the Massachusetts Supreme Judicial Court visited South Africa recently to deliver a lecture in honour of the late Bram Fischer. The lecture, held by the LRC on 13 November 2009, was titled ‘The Transformative Role of Judicial Independence: The View from Massachusetts'. It was hosted at and co-sponsored by the Gordon Institute of Business Science (GIBS) in Illovo.

The Bram Fischer Memorial lectures celebrate the contributions that Bram Fischer made to the struggle for democracy in South Africa. Former President Nelson Mandela delivered the inaugural Lecture in 1995, during which he said: "The lectures that will follow this inaugural lecture will provide opportunities for lawyers and others to address fundamental issues relating to law and society with which Bram Fischer was deeply concerned, and which are also concerns of the LRC."

In this spirit, Chief Justice Marshall used the podium to share her thoughts on judicial independence. She said: "Judges must have courage. Backbone. Judicial courage is multi-textured. On one level, to do the work of constitutional justice, the judge must possess the courage to decide as the law requires, no matter how deep the break from past precedent, no matter how unpopular the decision may be, no matter how much pressure is brought to bear from the outside."

She maintained that constitutional democracy is a living democracy, "It presumes - it helps create - an ever changing world. It eschews rigidity. Constitutional democracy, every constitutional democracy, is inherently, perpetually transformative." To accomplish transformative justice, the judge must be willing to reshape his most deeply-held convictions, his most deeply ingrained attitudes, if that is what the case demands", she said.

Her message of ensuring judicial independence and accountability through diversity, effective management, and access to justice was insightful and relevant to the issues facing South African society today.

Amongst other distinguished guests, the lecture was attended by Bram's family and friends, members of the judiciary and the legal profession, LRC alumni, LRC donors and other friends and supporters.

The LRC thanks Justice Marshall and GIBS for so generously honouring the memory of Bram Fischer at this year's Lecture. The full text of the Lecture is on our website at www.lrc.org.za/papers.