Attaining a Master of Laws in Constitutional Theory, Law and Litigation is the latest in lawyer Mr Celinhlanhla Magubane’s many achievements. The list includes being recognised as one of the Junior Chamber International South Africa’s (JCI SA) 2024 10 Outstanding Young Persons Honourees in August, co-authoring a book, Ubuntugogy, the heart of civic leadership with a team of writers from Zimbabwe, Zambia, Namibia, Swaziland and South Africa and being selected as an ambassador of the Canadian World Literacy Foundation.
‘I did not choose to study Law, it chose me. Before Law, nothing ever worked out, but after I enrolled everything fell into place,’ said Magubane.
‘As an undergraduate student, I wrote an article which was published by the African Law Review Journal. I remember the exciting Friday afternoon on campus when I received a call from the editor informing me that my article was reviewed by a Judge of the Supreme Court of Appeal. Since then, I have written and published papers in the areas of African Customary Law, Foreclosure of Immovable Properties, Prescription Act and Human Rights Law,’ he added.
His master’s dissertation titled: A Critical Analysis of the Constitutionality of eThekwini Municipality By-Laws Pertaining to Informal Traders was supervised by Dr Janine Hicks and Ms Nomfundo Mthembu. It investigated the constitutionality of the municipality’s Informal Trading By-Law and the recent Informal Trading Amendment By-Law and the manner in which they are implemented.
‘The study found that the implementation of bylaws leads to confiscation of informal traders’ property, disorderliness, criminality, and obstruction of citizens’ right to the proper use and enjoyment of facilities in and around trading areas,’ explained Magubane.
This study was both academic and personal for Magubane as he and his five siblings were raised on the income made by his late maternal grandparents who sold fruit and vegetables in their village in Nkandla.
‘Informal trading has always been a part of me. My mother, Deliwe Magubane was a well-known informal trader and activist in my hometown. She dedicated her life to fighting for the rights of street vendors, and for them to be allocated trading stalls. Sadly, she passed on in December 2021, soon after our local municipality finally started allocating stalls to informal traders. I owe my being to the street vendors of my hometown who contributed to my journey. Today, I channel my work ethic towards championing the rights of traders, writing academic articles and being involved in programmes that seek to shape the future of the next generation of leaders,’ he said.
With the rewards came challenges as Magubane juggled the demands of his job, running a Non-Profit Organisation (NPO) and his studies.
‘I had to balance my studies with running two of the busiest periodical Courts in Hlabisa and Gingindlovu. I also had to conduct research for my cases and prepare heads of arguments. I prepared papers and argued my own Leave to Appeals as a junior. I was also running leadership programmes with my NPO. I struggled with tuition fees and fortunately UKZN awarded me a scholarship at a time when I couldn’t register due to outstanding debt. What kept me going was knowing that I was in the right place at the right time and I chose to conduct research on a topic that is close to my heart.’
Words: Thandiwe Jumo
Photograph: Sethu Dlamini