Chief Justice Mogoeng Mogoeng perhaps best described the legacy left by the charismatic Inkatha Freedom Party MP Mario Oriani-Ambrosini, who died on Saturday after publicly battling lung cancer.
Justice Mogoeng said: “Dr Ambrosini will be remembered as an astute jurist and we were still looking forward to his continued contribution in the country’s intellectual discourse on our constitution – for which he was a gracious but vociferous ambassador, nationally and internationally,”
Although the seasoned negotiator had been diagnosed with terminal cancer early last year, his death still came as a shock – and served to unite both foe and friend in the South African political landscape who bemoaned the passing of a principled law expert, negotiator and debater who was renowned for his tenacity in pursuing issues about which he felt strongly.
The Italian-born lawyer with an exotic accent has made his mark and he will be acknowledged for his many contributions to our democracy – from his memorable fight against the Protection of State Information Bill, to immigration law, electoral reform, and refugee protection law.
Ambrosini approached the Western Cape High Court, challenging the constitutionality of parliamentary rules regarding the introduction of private member’s bills. He lost the case but appealed to the Constitutional Court, which ruled in his favour in 2012, backing his contention that MPs – irrespective of their political party affiliation – could submit Private Members’ Bills without first seeking consent from the National Assembly
“In all democracy, there comes a time when Parliament does not represent the people, at which point, in established democracies, it becomes the duty of the member of Parliament with a conscience to delay the process to afford an opportunity to their colleagues to come to their senses and change their minds,” he wrote at the time.
Though he struck a lifelong relationship with IFP leader Mangosuthu Buthelezi, his work and legacy transcended his political party.
He will be remembered by his colleagues and opponents alike as a defender of our constitution.