# Clive Plasket

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**Clive Michael Plasket** (born 3 October 1957) is a South African jurist and retired [judge](/source/Judge) who served in the [Supreme Court of Appeal](/source/Supreme_Court_of_Appeal_(South_Africa)) from 2019 to 2022. He was formerly a judge of the [Eastern Cape High Court](/source/Eastern_Cape_High_Court) from 2003 to 2019. Before that, he was a practising attorney and a legal academic at [Rhodes University](/source/Rhodes_University), renowned especially as an expert on [administrative law](/source/South_African_administrative_law).

## Early life and education

Plasket was born on 3 October 1957 in [Springs](/source/Springs,_South_Africa) in the former [Transvaal](/source/Transvaal_(province)).[1] He attended the Christian Brothers College in Springs and matriculated in 1975 at De La Salle College in [Johannesburg](/source/Johannesburg).[2]

Thereafter he enrolled at the [University of Natal](/source/University_of_Natal)'s [Pietermaritzburg](/source/Pietermaritzburg) campus, where he completed a BA in 1980, an LLB in 1982, and an LLM in 1986.[1] In 2003, after over a decade in practice, he completed a PhD at [Rhodes University](/source/Rhodes_University).[1] His doctoral dissertation was on [judicial review](/source/Judicial_review_in_South_Africa) of administrative action in post-[apartheid](/source/Apartheid) South Africa.[3]

## Legal and academic career

Between his LLB and LLM graduations, Plasket was a temporary lecturer in law at the University of Natal from 1983 to 1984 and then a permanent lecturer at Rhodes's [East London](/source/East_London,_South_Africa) campus from 1984 to 1986.[1] Thereafter he served his articles of clerkship in Johannesburg at Cheadle, Thompson & Haysom, the firm of [Halton Cheadle](/source/Halton_Cheadle), [Fink Haysom](/source/Nicholas_Haysom), and Clive Thompson.[1] After he was admitted as an [attorney](/source/Attorneys_in_South_Africa) in July 1989,[2] he remained at the firm as an attorney, gaining promotion to associate partner in 1990.[1]

In 1991, Plasket left Cheadle, Thompson & Haysom for the [Legal Resources Centre](/source/Legal_Resources_Centre)'s [Grahamstown](/source/Grahamstown) office.[1] Hired as an attorney, he was the office's director (initially in an acting capacity) from 1992 to 1997.[1] In 1998, he moved to the firm of Netteltons, also in Grahamstown, where he remained until 2003.[1] However, his work at Netteltons was part-time, as from 1998 Plasket was also a member of the law faculty at Rhodes University.[2] He was a senior lecturer until he was promoted to associate professor in 2000,[1] and he was regarded as an expert on [administrative law](/source/South_African_administrative_law).[4][5] He was also an acting judge in the [Eastern Cape Division](/source/Eastern_Cape_Division) of the [High Court of South Africa](/source/High_Court_of_South_Africa) on multiple occasions from 2001.[1]

## Eastern Cape High Court: 2003–2019

In April 2003, President [Thabo Mbeki](/source/Thabo_Mbeki) announced that, on the advice of the [Judicial Service Commission](/source/Judicial_Service_Commission_(South_Africa)), he would appoint Plasket to the bench as a permanent judge of the Eastern Cape High Court.[6] He took office on 1 June 2003.[2]

Notable judgements written by Plasket in the High Court included *Premier of the Eastern Cape v Ntamo*, on [customary law](/source/Customary_law_in_South_Africa),[7] and *Tripartite Steering Committee v Minister of Basic Education*, on the government's constitutional obligations arising from the [right to basic education](/source/Right_to_education).[8]

### Appellate matters

During his service in the High Court, Plasket was seconded to the [Supreme Court of Appeal](/source/Supreme_Court_of_Appeal_(South_Africa)) as an acting judge on multiple occasions. He wrote several reported judgements for the appellate court as an acting judge,[4] including, with Judge [Mahomed Navsa](/source/Mahomed_Navsa), the judgement in *City of Johannesburg Metropolitan Municipality v Blue Moonlight Properties* (an appeal of *[Blue Moonlight Properties v Occupiers of Saratoga Avenue](/source/Blue_Moonlight_Properties_v_Occupiers_of_Saratoga_Avenue)*), which was upheld in the [Constitutional Court](/source/Constitutional_Court_of_South_Africa) in December 2011.[9] He also sat as an acting judge in politically controversial matters, including *Democratic Alliance v President*, on [Menzi Simelane](/source/Menzi_Simelane)'s appointment to the [National Prosecuting Authority](/source/National_Prosecuting_Authority).[10]

### Judicial Service Commission interviews

See also: [Judicial Service Commission (South Africa)#Transformation row](/source/Judicial_Service_Commission_(South_Africa)#Transformation_row)

The Judicial Service Commission thrice shortlisted and interviewed Plasket as a candidate for possible elevation. On the first occasion, in April 2012, he was one of five candidates for two vacancies on the appellate court.[11][12] Although he was considered a frontrunner,[13] although the interview panel praised his "impressive CV",[14] and although the *[Mail & Guardian](/source/Mail_%26_Guardian)* said that commissioners from opposition parties "appeared enamoured" of him,[15] the Judicial Service Commission did not recommend him for appointment; [Xola Petse](/source/Xola_Petse) and [Ronnie Pillay](/source/Ronnie_Pillay) were appointed instead, although the *Mail & Guardian* reported that Plasket was popular among the sitting judges of appeal and that he would be "favoured when future vacancies occur".[16]

One year later, Plasket was interviewed for two new vacancies on the Supreme Court of Appeal. During that interview, which lasted two hours, he was subjected to "brutal" questioning about [affirmative action](/source/Affirmative_action) in the judiciary.[17][18][19] Afterwards, [Nigel Willis](/source/Nigel_Willis) and [Halima Saldulker](/source/Halima_Saldulker) were the commission's recommendations for elevation, and commentators were highly critical about the perceived difference in tone during the commission's interview of Willis, who, like Plasket, was a white man.[5][17] [Richard Calland](/source/Richard_Calland), for example, suggested that the commission was biased against Plasket because of his demonstrated political independence.[20]

In February 2019, the Judicial Service Commission announced that it had shortlisted Plasket for an appellate appointment for a third time, now as one of nine candidates for five vacancies.[21] During the interview, held in April, he was again questioned about affirmative action, and also about the *Blue Moonlight* judgement, [socioeconomic rights](/source/Socio-economic_rights), and [land expropriation without compensation](/source/Land_reform_in_South_Africa); Supreme Court of Appeal President [Mandisa Maya](/source/Mandisa_Maya) complimented him as "a fearless fighter for the disadvantaged" whose "long battle" to ensure social justice in the Eastern Cape had created the perception that he was "an anti-government judge".[4][22] After the interviews, Plasket was one of the candidates whom the Judicial Service Commission recommended for elevation (alongside [Daniel Dlodlo](/source/Daniel_Dlodlo), [Caroline Nicholls](/source/Caroline_Nicholls), [Fikile Mokgohloa](/source/Fikile_Mokgohloa), and [Thokozile Mbatha](/source/Thokozile_Mbatha)),[22] and his appointment was confirmed by President [Cyril Ramaphosa](/source/Cyril_Ramaphosa) in June 2019.[23]

## Supreme Court of Appeal: 2019–2022

Plasket served in the Supreme Court of Appeal from 2019 until his retirement in 2022. Notable judgements penned by him included *Cash Paymaster Services v Chief Executive Officer of the South African Social Security Agency*, on the tender for [social grants provision](/source/Social_welfare_programmes_in_South_Africa),*[24]* and *Esau v Minister of Co-Operative Governance and Traditional Affairs*, on the legality of the [COVID-19 lockdown](/source/COVID-19_pandemic_in_South_Africa).[25][26]

## Later academic appointments

After his appointment as a judge, Plasket was a visiting professor at Rhodes University between July 2003 and October 2014;[27] he also served on the university council from 2008 to 2012.[1] In addition to publishing further articles while on the bench, he was involved in several academic journals – the advisory board of *Speculum Juris* and the editorial boards of *African Public Procurement Law Journal* and *Southern African Public Law* – and he was an honorary law professor at the [University of KwaZulu-Natal](/source/University_of_KwaZulu-Natal) from 2014 to 2016.[1]

## Personal life

He is married to Adrienne Carlisle, with whom he has two children.[2]

## References

1. ["Plasket, Clive Michael"](https://www.supremecourtofappeal.org.za/index.php/judges/acting-judges-of-the-supreme-court-of-appeal/32-acting-judges/plasket-clive-michael/34-plasket-clive-michael). *Supreme Court of Appeal*. Retrieved 2024-01-16.

1. ["Names in the News: Judge Clive Plaskett"](https://www.gcbsa.co.za/law-journals/2003/august/2003-august-vol016-no2-pp30-31-and-38.pdf). *Advocate*. **16** (2): 30. August 2003.

1. Plasket, Clive (2002). [*The Fundamental Right to Just Administrative Action: Judicial Review of Administrative Action in the Democratic South Africa*](https://books.google.com/books?id=a8-6NwAACAAJ). Rhodes University.

1. ["JSC Candidates Judge Clive Plasket"](https://www.judgesmatter.co.za/interviews/april-2019-interviews/jsc-candidates-apr-19/judge-clive-plasket/) (in en-ZA). *Judges Matter*. Retrieved 2024-01-16.

1. ["Which white judges?"](https://www.news24.com/news24/which-white-judges-20150429). *News24*. 21 April 2013. Retrieved 2024-01-16.

1. ["Mbeki appoints new judges"](https://www.news24.com/news24/mbeki-appoints-new-judges-20030410). *News24*. 11 April 2003. Retrieved 2024-01-16.

1. ["Judges agree on a democratic approach to customary law"](https://mg.co.za/article/2015-08-24-judges-agree-on-a-democratic-approach-to-customary-law/) (in en-ZA). *The Mail & Guardian*. 2015-08-24. Retrieved 2024-01-16.

1. ["Risky road to school ends – for some"](https://mg.co.za/article/2015-08-07-risky-road-to-school-ends-for-some/) (in en-ZA). *The Mail & Guardian*. 2015-08-07. Retrieved 2024-01-16.

1. ["Jo'burg council forced to accommodate Berea evictees"](https://mg.co.za/article/2011-12-01-joburg-council-forced-to-accommodate-berea-evictees/) (in en-ZA). *The Mail & Guardian*. 2011-12-01. Retrieved 2024-01-16.

1. ["Simelane and Selebi feel the heat"](https://www.news24.com/news24/archives/city-press/simelane-and-selebi-feel-the-heat-20150429). *News24*. 5 November 2011. Retrieved 2024-01-16.

1. ["Interrogating the judges"](https://mg.co.za/article/2012-04-13-interrogating-the-judges/) (in en-ZA). *The Mail & Guardian*. 2012-04-13. Retrieved 2024-01-16.

1. ["Judges fight for posts on the SCA"](https://www.timeslive.co.za/news/south-africa/2012-04-18-judges-fight-for-posts-on-the-sca/) (in en-ZA). *Sunday Times*. 18 April 2012. Retrieved 2024-01-16.

1. ["Politicians grill 'outspoken' judges"](https://mg.co.za/article/2012-04-20-politicians-grill-outspoken-judges/) (in en-ZA). *The Mail & Guardian*. 2012-04-20. Retrieved 2024-01-16.

1. ["Judicial independence features at judges' interviews"](https://www.news24.com/news24/judicial-independence-features-at-judges-interviews-20150429). *News24*. 17 April 2012. Retrieved 2024-01-16.

1. ["JSC fractures reflect broader political fault lines"](https://mg.co.za/article/2012-04-26-jsc-fractures-reflect-broader-political-fault-lines/) (in en-ZA). *The Mail & Guardian*. 2012-04-26. Retrieved 2024-01-16.

1. ["Is the JSC courting favourites?"](https://mg.co.za/article/2012-04-26-is-the-jsc-courting-favourites/) (in en-ZA). *The Mail & Guardian*. 2012-04-26. Retrieved 2024-01-16.

1. ["JSC conflict laid bare by inconsistency"](https://mg.co.za/article/2013-04-12-jsc-conflict-laid-bare-by-inconsistency/) (in en-ZA). *The Mail & Guardian*. 2013-04-12. Retrieved 2024-01-16.

1. ["JSC defends transformation imperatives for the judiciary"](https://mg.co.za/article/2013-04-09-jsc-to-recommend-two-judges-for-supreme-court-of-appeal/) (in en-ZA). *The Mail & Guardian*. 2013-04-09. Retrieved 2024-01-16.

1. ["Merit must trump race, says judge"](https://www.timeslive.co.za/news/south-africa/2013-04-10-merit-must-trump-race-says-judge/) (in en-ZA). *Sunday Times*. 10 April 2013. Retrieved 2024-01-16.

1. Calland, Richard (2013-04-12). ["JSC's attitude opens door to conservatism"](https://mg.co.za/article/2013-04-12-00-jscs-attitude-opens-door-to-conservatism/) (in en-ZA). *The Mail & Guardian*. Retrieved 2024-01-16.

1. ["Commission names judges shortlisted for key positions in SA courts"](https://www.timeslive.co.za/news/south-africa/2019-02-11-commission-names-judges-shortlisted-for-key-positions-in-sa-courts/) (in en-ZA). *Sunday Times*. 11 February 2019. Retrieved 2024-01-16.

1. ["Supreme Court of Appeal gets a new deputy president, five new judges"](https://mg.co.za/article/2019-04-02-supreme-court-of-appeal-gets-a-new-deputy-president-five-new-judges/) (in en-ZA). *The Mail & Guardian*. 2019-04-02. Retrieved 2024-01-16.

1. ["Ramaphosa appoints five new SCA judges - and three of them are women"](https://www.timeslive.co.za/news/south-africa/2019-06-21-ramaphosa-appoints-five-new-sca-judges-and-three-of-them-are-women/) (in en-ZA). *Sunday Times*. 21 June 2019. Retrieved 2024-01-16.

1. Chabalala, Jeanette (30 September 2019). ["Cash Paymaster Services loses appeal bid, ordered to pay R316m back to Sassa"](https://www.news24.com/news24/cash-paymaster-services-loses-appeal-bid-ordered-to-pay-r316m-back-to-sassa-20190930). *News24*. Retrieved 2024-01-16.

1. Felix, Jason (28 January 2021). ["Lockdown: SCA finds Level 4 regulations 'justifiable limitation' of rights – except exercise, hot food"](https://www.news24.com/news24/southafrica/news/lockdown-sca-finds-level-4-regulations-justifiable-limitation-of-rights-except-exercise-hot-food-20210128). *News24*. Retrieved 2024-01-16.

1. Felix, Jason (28 January 2021). ["Govt's coronavirus council is lawful and constitutional, SCA confirms"](https://www.news24.com/news24/southafrica/news/govts-coronavirus-council-is-lawful-and-constitutional-sca-confirms-20210128). *News24*. Retrieved 2024-01-16.

1. ["Legal luminary spotlights administrative law in farewell lecture"](https://www.ru.ac.za/law/latestnews/legalluminaryspotlightsadministrativelawinfarewelllecture.html). *Rhodes University*. 2014-10-12. Retrieved 2024-01-16.

## External links

- [Clive Michael Plasket](https://www.supremecourtofappeal.org.za/index.php/judges/acting-judges-of-the-supreme-court-of-appeal/32-acting-judges/plasket-clive-michael/34-plasket-clive-michael) at Supreme Court of Appeal
- [Clive Plasket](https://www.judgesmatter.co.za/interviews/april-2019-interviews/jsc-candidates-apr-19/judge-clive-plasket/) at Judges Matter
- [Clive Plasket](https://www.ru.ac.za/law/people/professorcplasket/) at Rhodes University
- [Review](https://gcbsa.co.za/jscdocs/2019%20April/JUDGE%20PLASKET.%20FEB%202019..pdf) by the Bar Council (2019)

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Adapted from the Wikipedia article [Clive Plasket](https://en.wikipedia.org/wiki/Clive_Plasket) by Wikipedia contributors ([contributor history](https://en.wikipedia.org/wiki/Clive_Plasket?action=history)). Available under [Creative Commons Attribution-ShareAlike 4.0 International](https://creativecommons.org/licenses/by-sa/4.0/). Changes may have been made.