Hishaam Mohamed was the People’s Advocate

The Janazah of Advocate Hishaam Mohamed this week.

The Janazah of Advocate Hishaam Mohamed this week.

Published Aug 29, 2020

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By Advocate Owen Kleinhans

Advocate Hishaam Mohamed was a great man, a leader and had a profound influence over my life and career in the legal fraternity.

He embodied the phrase “Peoples Advocate” and exemplified principles of Batho Pele during his tenure as a public servant.

This week tributes continued to pour in from far and wide, following his sudden and unexpected passing on Monday. As former regional head of the Department of Justice and Constitutional Development his purpose was to serve the most vulnerable in society to the best of his ability, upholding, preserving and safeguarding their human dignity.

I met advocate Mohamed during the Department of Justice’s annual Women’s Month celebrations in August 2011, while I was employed at the Office of the Family Advocate in Cape Town.

This very important man noticed something in me, and said I should join his team at the regional office.

Three months later, I joined his team and worked for advocate Mohamed for the following eight years. During that time, I got to know a man that made many sacrifices so that the most vulnerable in our province could enjoy their rights contained in Chapter 2 of our Constitution.

There were many late nights at the office, working over weekends and public holidays, and the loss of family time. His wife Rachmat Rasool, and children Imraan, Uzair and Haneem understood his commitment to his work, the department and our people.

In a sense, I became part of his work family and our relationship changed from one of employer/employee to family. Advocate Mohamed was unapologetic and uncompromising about his very high and strict work ethic and standards.

He held me to these same standards, and made it clear, in 2011, that he would not tolerate mediocrity.

Because of these high standards, I am the lawyer I am today. This legacy he left for me is worth more than money, and I will treasure this for the rest of my life. He valued loyalty, humility and respect, and I experienced how he lived these values in his interactions.

For many years, I was his project manager (the go-to-guy for our security cluster partners) for constitutional outreach programmes in the province. This responsibility took me to places all over the province and the country. I also became involved in the Southern Suburbs Legal Advice Centre and various other projects close to him.

His passion, his baby, his everything, was the “Operation Isondlo” a project aimed at improving the maintenance system through a series of interventions, by bringing maintenance defaulters to book and ultimately advancing position of women, children, the aged, the frail, and persons with disabilities.

Advocate Mohamed entrusted me with many things and, because of his trust, I ended up with a “Top Secret” security clearance in the government.

In many ways, he advanced my career and gave me Carte Blanche to spearhead certain programmes. I took full advantage of this and made of successes in programmes such as the annual Schools Moot Court Programme, Access to Justice Week, Mandela Day, Take a Girl Child to Work, and the Operation Isondlo Task Team.

The highlight of my career was in 2018, when he appointed me as the Western Cape liaison with the TRC Unit in the department, to form part of the Gallows Exhumation Project, launched by the minister of justice Michael Masutha in 2016.

The project was aimed at recovering the remains of political prisoners who were hanged on the Gallows, prior to the suspension of the death penalty in 1990.

The bodies of the hanged political prisoners remained the property of the state and were given pauper burials, in municipal cemeteries around Pretoria. Families were denied the opportunity to bury them.

In all, 130 political prisoners, from various political organisations, including the PAC, the ANC, the UDF, and members of civil society, were hanged on the gallows.

The Gallows Exhumation Project aimed to recover the remains of 83 of the hanged, whose remains were not found or recovered. The recovery of these remains contributed in some way towards relieving the decades of pain experienced by the families of those hanged and, at last, allowed them to be buried with the dignity they deserved.

I was part of a group of people who were instrumental in giving dignity back to our communities. I want to thank this great man, leader, confidant, friend and father figure, for the influence he had over my life and my career.

Advocate Hishaam Mohamed, I will forever be indebted to you and repay you by living your legacy, and effect positive change in the lives of the most vulnerable in our society.

*Kleinhans is registrar at the Office of the Chief Justice of the Western Cape High Court.

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