Francois Retief Malan (born 15 January 1944) is a South African retired judge who served in the Supreme Court of Appeal from 2009 to 2014. Before his elevation to the appellate court, he was a judge of the Gauteng High Court from 1997 to 2009, and he also served as a judge of the Competition Appeal Court. He was formerly a legal academic at the Rand Afrikaans University, where he was an expert on banking law.
Frans Malan | |
|---|---|
| Judge of the Supreme Court of Appeal | |
| In office 1 September 2009 – 2014 | |
| Appointed by | Jacob Zuma |
| Judge of the High Court | |
| In office 1 July 1997 – 31 August 2009 | |
| Appointed by | Nelson Mandela |
| Division | Transvaal |
| Personal details | |
| Born | Francois Retief Malan 15 January 1944 Bethlehem, Orange Free State Union of South Africa |
| Education | Helpmekaar Kollege |
| Alma mater | University of Pretoria |
Early life and academic career
editMalan was born on 15 January 1944 in Bethlehem in the Orange Free State.[1] He matriculated at Helpmekaar Boys School in Johannesburg, where he was Dux Scholar,[2] and went on to the University of Pretoria, completing a BA in law cum laude in 1965 and an LLB cum laude in 1967.[1] After his graduation, he completed an apprenticeship and briefly taught commercial law at the University of South Africa.[2] Thereafter he was practised as an advocate at the Johannesburg Bar between 1968 and 1971.[1]
In 1971, however, Malan joined the faculty of the Rand Afrikaans University; as a senior lecturer in law, his responsibilities included presenting graduate-level coursework in banking law.[2] He was promoted to professor of law in 1973.[2] At the same time, he studied towards his LLD at the University of Pretoria, which he completed in 1975.[1] He remained at the Rand Afrikaans University thereafter, with stints for research abroad, and he served as the dean of the university's law faculty in 1982 and again in 1987.[2] From 1987 to 1997, he was the director of the university's Centre for Banking Law,[1] and he was appointed as a part-time consultant to the South African Futures Exchange in 1994.[2]
Judicial career
editOn 1 July 1997, Malan joined the bench as a judge of the Gauteng Division (then the Transvaal Division) of the High Court of South Africa.[1] During his 12 years in that court, sitting in the Johannesburg High Court, he also served lengthy periods in the Competition Appeal Court between 2001 and 2009;[1] he was an acting judge there until 2007, when President Thabo Mbeki appointed him permanently as a judge of the Competition Appeal Court.[3]
In July 2009, he was among the candidates whom the Judicial Service Commission shortlisted and interviewed for possible elevation to the Supreme Court of Appeal.[4] The Judicial Service Commission recommended him and Ronnie Bosielo for appointment; his candidacy was reportedly strongly supported by the president of the Supreme Court of Appeal, Lex Mpati, who admired his banking law expertise.[5] President Jacob Zuma confirmed his appointment to the Supreme Court of Appeal with effect from 1 September 2009,[1] and he served in the appellate court until his retirement in 2014.[6]
Personal life
editHe is married to Susanna Wilhelmina Cillie, a mathematician, with whom he has three children.[2]
References
edit- ^ a b c d e f g h "Judges of the Supreme Court of Appeal". Supreme Court of Appeal. Archived from the original on 14 January 2012. Retrieved 13 January 2024.
- ^ a b c d e f g "New judges: Frans Malan" (PDF). Consultus. 10 (2): 98. November 1997.
- ^ "T Mbeki on appointment of judges". South African Government. 19 November 2007. Retrieved 15 January 2024.
- ^ "New JSC members announced". The Mail & Guardian. 20 July 2009. Retrieved 11 January 2024.
- ^ "Heavy bargaining behind judges' selection". The Mail & Guardian. 16 September 2009. Retrieved 15 January 2024.
- ^ "Judicial protocol taken for a wild ride". The Mail & Guardian. 27 March 2014. Retrieved 15 January 2024.
External links
edit- Frans Malan at University of Johannesburg