Business Day
BU S I N E S S DAY.CO. Z A
Friday 24 April 2026
Business Law & Tax Review
Judge Taswell Papier: a life devoted to justice A ‘kind and generous’ man, Tas championed the Cape communities often overlooked by the formal legal system By NATASHA WAGIET ENS Pro Bono Manager
As Justice Ruth Bader Ginsburg observed in 2014, “For their privilege and status, lawyers have an obligation to provide legal services to those without the wherewithal to pay, to help repair the tears in their communities”. Few have embodied this truth more completely than Judge Taswell Papier, affectionately known to colleagues and friends alike as Tas. Born on the Cape Flats, with its complex history and enduring challenges, Judge Papier gained an intimate understanding of injustice and an unwavering determination to combat it. He graduated from the University of the Western Cape in 1985 with a Diploma Iuris and BProc Law, thereafter completing his articles of clerkship in Atlantis and Mitchells Plain. These formative years, spent among the communities he would later serve, planted the seeds of a legal philosophy rooted in accessibility and compassion, one that would define his entire career. In the dark days of apartheid, he represented anti-apartheid activists and their families, often putting his own life in danger for the pursuit of justice. Where others might have chosen safer paths, Taswell stood resolute, understanding that the law could be wielded as a sword against oppression just as readily as it had been used as a shield for the powerful. At the Truth and Reconciliation Commission, he represented the families of slain activists, ensuring their voices were heard.
Since the 1980s, he worked alongside community advice offices to provide legal assistance to residents of the Cape Flats, communities often overlooked by the formal legal system. His dedication did not go unnoticed beyond South African shores: in 1993, he attended
a human rights programme at Harvard University, where his exceptional abilities earned him a scholarship to complete a master’s degree in 1995. On his return to South Africa, Taswell redoubled his efforts to ensure that justice was not a privilege reserved for the wealthy, serving as chairperson of the National Sheriff’s Board and twice as president of the Cape Law Society. Most significantly, he served as chairperson of the Cape Law Society’s Pro Bono Committee, where his stewardship led to a resolution making pro bono work obligatory for legal practitioners. This was not merely administrative reform; it was the institutionalisation of a moral imperative Taswell had lived by his entire career. When he joined ENS in 2004 as a commercial attorney, Taswell brought with him the same unwavering commitment to access to justice. He was instrumental in establishing the firm’s pro bono programme, which commenced in 2005 and has since become a model for corporate pro bono work in South Africa. His former law office in Mitchell’s Plain continues to serve as the firm’s pro bono office in the Western Cape, providing legal services to the disadvantaged communities of Mitchell’s Plain and Khayelitsha, a physical embodiment of his belief that justice must be brought to where it is needed. His ascension to the bench as a judge of the Western Cape High Court brought his profound understanding of community needs to the very heart of the judicial system. These contributions earned Taswell
international recognition, including his induction as a fellow of the College of Law Practice Management in Boston. He also served as chairperson of the Law Society of South Africa’s Pro Bono Committee and on the Council of the United Nations for the International Council of Human Rights Policy. At home, the Western Cape bestowed on him one of its highest honours, the Order of the Disa, placing him in the company of luminaries such as Nelson Mandela, FW de Klerk and Archbishop Desmond Tutu.
His patience in explaining complex matters and his genuine interest in the wellbeing of those around him marked him as a man of rare character Beyond these honours, those who knew Taswell speak of a man who was kind, generous and eager to mentor the next generation. His patience in explaining complex matters and his genuine interest in the wellbeing of those around him marked him as a man of rare character. He was, in the truest sense, a son of Africa who devoted his life to ensuring justice extended to all her children. Hamba kahle, Judge Papier. Hamba kahle, Tas. Go well, knowing that your path has made the journey easier for countless others who will follow.
Regional central banks sign MoU to implement PSP licence passporting framework under EAC masterplan One of the key initiatives under the masterplan is the development of a mutual recognition framework for crossborder PSP licensing, which is intended to reduce regulatory duplication and support the expansion of licensed payment providers across the region.
By DOMINIC INDOKHOMI, GINGER GRACE OUMA & NAIRUKO KANTAI Bowmans Kenya
The Central Bank of Kenya (CBK) and the National Bank of Rwanda (NBR) have signed a memorandum of understanding (MoU) to develop a licence passporting framework for payment service providers (PSPs) operating between Kenya and Rwanda. The framework is intended to facilitate the mutual recognition of PSP licences issued in each of the two jurisdictions and to enable licensed PSPs to expand across the two markets without undergoing duplicative licensing processes. The initiative is anchored in the East African Community (EAC) Cross-Border Payment System Masterplan (masterplan), which seeks to modernise and integrate cross-border payment systems across the EAC. The MoU represents an early implementation step under the Masterplan and may serve as a model for similar arrangements across other EAC partner states. The masterplan establishes a regional strategy aimed at improving the efficiency, interoperability and inclusivity of cross-border payments across
123RF — JOSELIBIN
the EAC. It identifies several structural challenges affecting cross-border payments in the region, including fragmented regulatory frameworks, duplicative licensing regimes for PSPs, limited interoperability between national payment systems and relatively high transaction costs.
Licensing passporting framework
The MoU indicates that the CBK and NBR intend to develop a regime that facilitates the mutual recognition of PSP licences as set out above. The framework is expected to: ● Enable mutual recognition of PSP licences issued by the CBK and NBR;
● Reduce duplicative licensing processes for PSPs seeking to operate in both jurisdictions; ● Promote regulatory cooperation and supervisory coordination between the two regulators; and ● Preserve appropriate regulatory oversight and enforcement powers in each jurisdiction.
Implications for market participants For PSPs operating in Kenya and Rwanda, the MoU signals a shift towards a more harmonised regulatory framework for cross-border payment services. We anticipate that the framework may reduce licensing barriers for PSPs seeking to expand into neighbouring markets; support regulatory alignment between the CBK and NBR; and facilitate broader regional initiatives aimed at improving payment system interoperability and cross-border payment infrastructure. This exciting development has the potential to share how PSPs scale across the EAC. As one of the first concrete implementation measures under the masterplan, the Kenya-Rwanda MoU may also serve as a useful reference point for similar arrangements among other EAC partner states.