Jeremy John Gauntlett SC, KC (born 10 November 1950) is a British–South African lawyer practising

public In public relations and communication science, publics are groups of individual people, and the public (a.k.a. the general public) is the totality of such groupings. This is a different concept to the sociology, sociological concept of the ''Öf ...

and

commercial law Commercial law (or business law), which is also known by other names such as mercantile law or trade law depending on jurisdiction; is the body of law that applies to the rights, relations, and conduct of Legal person, persons and organizations ...

. He entered legal practice as an advocate in

Cape Town Cape Town is the legislature, legislative capital city, capital of South Africa. It is the country's oldest city and the seat of the Parliament of South Africa. Cape Town is the country's List of municipalities in South Africa, second-largest ...

in 1976 and was admitted to the

Bar of England and Wales Barristers in England and Wales are one of the two main categories of lawyer in England and Wales, the other being solicitors. Barristers have traditionally had the role of handling cases for representation in court, both defence and prosecutio ...

in 1994. In addition to his chambers in Cape Town and

Johannesburg Johannesburg ( , , ; Zulu language, Zulu and Xhosa language, Xhosa: eGoli ) (colloquially known as Jozi, Joburg, Jo'burg or "The City of Gold") is the most populous city in South Africa. With 5,538,596 people in the City of Johannesburg alon ...

Early life and education

Gauntlett was born on 10 November 1950 in

Harare, Zimbabwe Harare ( ), formerly Salisbury, is the capital and largest city of Zimbabwe. The city proper has an area of , a population of 1,849,600 as of the 2022 census and an estimated 2,487,209 people in its metropolitan province. The city is situa ...

, where he grew up. He attended

Stellenbosch University Stellenbosch University (SU) (, ) is a public research university situated in Stellenbosch, a town in the Western Cape province of South Africa. Stellenbosch is the oldest university in South Africa and the oldest extant university in Sub-Sahara ...

on a Beit Scholarship, graduating with a BA ''cum laude'' in 1971 and a BA ''cum laude'' in 1973 and then took a

Rhodes Scholarship The Rhodes Scholarship is an international postgraduate award for students to study at the University of Oxford in Oxford, United Kingdom. The scholarship is open to people from all backgrounds around the world. Established in 1902, it is ...

, completing a BCL at

New College, Oxford New College is a constituent college of the University of Oxford in the United Kingdom. Founded in 1379 by Bishop William of Wykeham in conjunction with Winchester College as New College's feeder school, New College was one of the first col ...

in 1976.

Legal career

Upon his return to South Africa from Oxford, Gauntlett moved to

, joining the Cape Bar as an

advocate An advocate is a professional in the field of law. List of country legal systems, Different countries and legal systems use the term with somewhat differing meanings. The broad equivalent in many English law–based jurisdictions could be a ba ...

in December 1976. He

took silk A King's Counsel ( post-nominal initials KC) is a senior lawyer appointed by the monarch (or their viceregal representative) of some Commonwealth realms as a "Counsel learned in the law". When the reigning monarch is a woman, the title is Qu ...

in South Africa in 1989 and joined the

Bar in 1994. At the same time, he was called to the

in 1994 and in February 2017, he was named

Queen's Counsel A King's Counsel (Post-nominal letters, post-nominal initials KC) is a senior lawyer appointed by the monarch (or their Viceroy, viceregal representative) of some Commonwealth realms as a "Counsel learned in the law". When the reigning monarc ...

Elizabeth II Elizabeth II (Elizabeth Alexandra Mary; 21 April 19268 September 2022) was Queen of the United Kingdom and other Commonwealth realms from 6 February 1952 until Death and state funeral of Elizabeth II, her death in 2022. ...

Notable briefs

Gauntlett has frequently acted for South African state agencies in high-profile matters, including President

Jacob Zuma Jacob Gedleyihlekisa Zuma (; born 12 April 1942) is a South African politician who served as the fourth president of South Africa from 2009 to 2018. He is also referred to by his initials JZ and clan names Nxamalala and Msholozi. Zuma was a for ...

in ''

Economic Freedom Fighters v Speaker of the National Assembly ''Economic Freedom Fighters v Speaker of the National Assembly and Others; Democratic Alliance v Speaker of the National Assembly and Others'' Nkandla saga), the state in ''Minister of Justice and Constitutional Development v Southern African Litigation Centre'' (on South Africa's obligation to arrest Omar al-Bashir">Nkandlagate">Nkandla saga), the state in ''Minister of Justice and Constitutional Development v Southern African Litigation Centre'' (on South Africa's obligation to arrest Omar al-Bashir under the Rome Statute), the South African Police Service in ''South African Police Service v Southern African Human Rights Litigation Centre, National Commissioner of the South African Police Service v Southern African Human Rights Litigation Centre'' (on

universal jurisdiction Universal jurisdiction is a legal principle that allows Sovereign state, states or International organization, international organizations to prosecute individuals for serious crimes, such as genocide, War crime, war crimes, and crimes against hu ...

), the

South African Reserve Bank The South African Reserve Bank (SARB) is the central bank of South Africa. It was established in 1921 after Parliament passed an act, the "Currency and Bank Act of 10 August 1920", as a direct result of the abnormal monetary and financial condi ...

in ''South African Reserve Bank and Another v Shuttleworth'' (

Mark Shuttleworth Mark Richard Shuttleworth (born 18 September 1973) is a South African and British entrepreneur, founder and CEO of Canonical, the company behind the Ubuntu Linux operating system. In 2002, Shuttleworth became the first African to travel to spa ...

's challenge to exchange control regulations), the KwaZulu-Natal government in '' Abahlali BaseMjondolo Movement v Premier of KwaZulu-Natal'' (

Abahlali baseMjondolo Abahlali baseMjondolo (AbM, , in English: "the residents of the shacks") is a socialist shack dwellers' movement in South Africa which primarily campaigns for land, housing and dignity, to democratise society from below and against xenophobia. ...

's challenge to the KwaZulu-Natal Slums Act),

Eskom Eskom Hld SOC Ltd or Eskom is a South African electricity public utility. Eskom was established in 1923 as the Electricity Supply Commission (ESCOM) (). Eskom represents South Africa in the Southern African Power Pool. The utility is the larg ...

in ''National Energy Regulator of South Africa v Borbet, Eskom v Borbet'' (on energy tariffs), and the

South African Human Rights Commission The South African Human Rights Commission (SAHRC) was inaugurated in October 1995 as an independent chapter nine institution. It draws its mandate from the South African Constitution by way of the Human Rights Commission Act of 1994. Commissio ...

in ''Semenya v Switzerland'' (

Caster Semenya Caster Semenya Order of Ikhamanga, OIB (born 7 January 1991) is a South African middle-distance runner and winner of two Olympic medal, Olympic gold medals and three World Athletics Championships, World Championships in the women's 800 metres ...

's appeal to the

European Court of Human Rights The European Court of Human Rights (ECtHR), also known as the Strasbourg Court, is an international court of the Council of Europe which interprets the European Convention on Human Rights (ECHR). The court hears applications alleging that a co ...

). His non-state clients in South Africa have included

Solidarity Solidarity or solidarism is an awareness of shared interests, objectives, standards, and sympathies creating a psychological sense of unity of groups or classes. True solidarity means moving beyond individual identities and single issue politics ...

, in ''Solidarity v Department of Correctional Services'' in the

Constitutional Court A constitutional court is a high court that deals primarily with constitutional law. Its main authority is to rule on whether laws that are challenged are in fact unconstitutional, i.e. whether they conflict with constitutionally established ru ...

; the ''

Mail & Guardian The ''Mail & Guardian'', formerly the ''Weekly Mail'', is a South African weekly newspaper and website, published by M&G Media in Johannesburg, South Africa. It focuses on political analysis, investigative reporting, Southern African news, loca ...

'', in ''President v M&G Media'', a right to information matter in the Supreme Court of Appeal; and

Schabir Shaik Schabir Shaik (born ) is a South African businessman from Berea, Durban, who rose to prominence due to his close association with former South African President Jacob Zuma during Zuma's time as Deputy President. On 2 June 2005, he was found gui ...

in his corruption trial.

Other activities

Gauntlett was a sessional appeal judge in the Lesotho Court of Appeal between March 1997 and December 2010, and he was an acting judge in the

High Court of South Africa The High Court of South Africa is a superior court of law in South Africa. It is divided into nine provinces of South Africa, provincial divisions, some of which sit in more than one location. Each High Court division has general jurisdiction ov ...

on several occasions from 1991 onwards. After two terms as president of the Cape Bar, from 1997 to 1999, he was elected chairman of the General Council of the Bar of South Africa in July 1999; he held the latter position until 2002. He was also a

South African Law Reform Commission The South African Law Reform Commission (SALRC) is a law reform commission which investigates the state of South African law and makes proposals for its reform to Parliament and the provincial legislatures. It is an independent advisory statutory ...

commissioner between 1996 and 2006.

Judicial nominations in South Africa

On several occasions, Gauntlett was interviewed unsuccessfully by the Judicial Service Commission as a candidate for permanent judicial appointment in South Africa. In September 2009, he was interviewed for a possible appointment to one of four vacancies on the Constitutional Court, nominated by

Sydney Kentridge Sir Sydney Woolf Kentridge SCOB (born 5 November 1922) is a South African-born lawyer, judge and member of the Bar of England and Wales. He practised law in South Africa and the United Kingdom from the 1940s until his retirement in 2013. In S ...

and Gerald Friedman. Still, the Judicial Service Commission did not recommend him for appointment. The following year, in April 2010, he was shortlisted for permanent appointment to the

Western Cape High Court The Western Cape Division of the High Court of South Africa (previously named the Cape Provincial Division and the Western Cape High Court, and commonly known as the Cape High Court) is a superior court of law with general jurisdiction over the ...

. During his interview with the Judicial Service Commission, he was asked by Commissioner

Fatima Chohan Fatima Ismail Chohan (formerly known as Fatima Chohan-Kota) is a South African politician and activist who is currently deputy chair of the South African Human Rights Commission. A member of the African National Congress (ANC), Chohan was former ...

about his relationship with Western Cape Judge President John Hlophe, with whom he had publicly clashed. After the interview, the Judicial Service Commission did not recommend him for appointment; several observers objected to his exclusion, including

Wim Trengove Wim Trengove SC (born 27 October 1949) is a South African advocate best known for his role in constitutional litigation. He has argued various administrative law, constitutional law, and human rights law matters in the Constitutional Court of S ...

, who said it was "inexplicable". In October 2012, Gauntlett was shortlisted for the

for a final time as one of eight candidates for five vacancies but the Judicial Service Commission of South Africa again declined to recommend him for appointment. The ''Mail & Guardian'' suggested that the commission was concerned about Gauntlett's "abrasive" temperament, and the commission itself ultimately wrote to retired justice

Louis Harms Georg Ludwig Detlef Theodor Harms (baptised as Ludwig, but called Louis during his life) (1808–1865) was a German Lutheran pastor who was nicknamed the "Reviver of the Heath" (''Erwecker der Heide''). One of the most significant Christian revi ...

, who had nominated Gauntlett, to explain its concerns about his "humility" and temperament. In addition,

Pierre de Vos Pierre Francois de Vos (born 29 June 1963) is a South African constitutional law academic. He holds the Claude Leon Foundation Chair in Constitutional Governance at the University of Cape Town (UCT). Before taking up that position in July 2009, ...

suggested that, though "brilliant", Gauntlett was unsuitable because of his "conservative legal philosophy" and " formalistic methods of interpretation," Gauntlett rejected that characterisation. Shortly afterwards, in November 2012, Gauntlett emerged as a potential candidate to replace

Zak Yacoob Zakeria Mohammed "Zak" Yacoob (born 3 March 1948) is a retired South African judge who served in the Constitutional Court of South Africa from February 1998 to January 2013. He was appointed to the bench by Nelson Mandela and retired after serv ...

on the

Constitutional Court of South Africa The Constitutional Court of South Africa is the supreme constitutional court established by the Constitution of South Africa, and is the apex court in the South African judicial system, with general jurisdiction. The Court was first establ ...

bench. He was nominated by over 60 people, including

Mamphela Ramphele Mamphela Aletta Ramphele (; born 28 December 1947) is a South African politician, anti-apartheid activist, medical doctor and businesswoman. She was a partner of anti-apartheid activist Steve Biko, with whom she had two children. She is a form ...

, Sir

, opposition leaders

Helen Zille Otta Helene Maree (''née'' Zille ; born 9 March 1951), known as Helen Zille, is a South African politician. She has served as the Chairperson of the Federal Council of the Democratic Alliance since 20 October 2019. From 2009 until 2019, she w ...

and

Mangosuthu Buthelezi Prince Mangosuthu Gatsha Buthelezi (; 27 August 1928 – 9 September 2023) was a South African politician and Zulu people, Zulu prince who served as the traditional prime minister to the Zulu royal family from 1954 until his death in 2023. He ...

, and 47 legal academics. He was interviewed in February 2013 as one of five candidates for the vacant seat. However, after a fractious interview, the Judicial Service Commission recommended all the candidates but Gauntlett as suitable for appointment.

Personal life

Gauntlett was married to the late Tessa Finlay and has three daughters.

Controversy

On the 16th of January 2025, an academic at the University of the Witwatersrand, Hylton White, posted on social media that Gauntlett had initiated a sexual relationship with him in the 1980s when he was in his 'early teens' and Gauntlett was already practising as an advocate. According to White, he had attempted to inform the Anglican Church in South Africa that Gauntlett was unfit to serve on a three-person panel investigating the Church's handling of sexual assault by John Smyth. The failures of the Anglican Church in the UK regarding Smyth led to the resignation of Archbishop Justin Welby in 2024. After failing to get a satisfactory response, White decided to publish the information, saying that "the findings of any panel on child sex abuse allegations that involves the influence of Jeremy Gauntlett have no credibility whatsoever." The accusations were widely reported in South African media on the 18th of January 2025. It was then reported that Gauntlett had already resigned from the panel on the preceding day after the allegations had been made.

References

External links

Jeremy Gauntlett SC
at Cape Bar
Jeremy Gauntlett KC
at Brick Court Chambers
"So many questions: Jeremy Gauntlett"
in the ''

Sunday Times ''The Sunday Times'' is a British Sunday newspaper whose circulation makes it the largest in Britain's quality press market category. It was founded in 1821 as ''The New Observer''. It is published by Times Newspapers Ltd, a subsidiary of N ...

'' (2012) {{DEFAULTSORT:Gauntlett, Jeremy 1950 births Living people People from Harare Rhodesian lawyers Stellenbosch University alumni Alumni of New College, Oxford South African Rhodes Scholars 20th-century South African lawyers 21st-century South African lawyers South African Senior Counsel Members of the Middle Temple English King's Counsel 21st-century King's Counsel South African judges on the courts of Lesotho