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09 April 2018

As a transforming university, the University of the Free State (UFS) strives to cultivate an environment that is inclusive and socially just. In order to achieve this goal, the UFS adopted an Integrated Transformation Plan (ITP) as a framework to guide the transformation process. One area of transformation which we identified was: Names, Symbols and Spaces. A cross-functional task team responsible for this area is currently embarking on a process of reviewing how space and symbolic representation facilitates or hinders social inclusion in a diverse community. 

Monuments such as statues play an important symbolic role in people’s lives, with each monument being built for specific reasons and intended to serve particular purposes or interests. Monuments are erected as part of a visual culture that continually reminds us of something or someone important; yet, the symbolic value of monuments may change. Such values may acquire or lose importance, depending on fluctuating socio-political dispensations and dispositions. 

The student community, through the Student Representative Council (SRC), has made several representations in the past, and again on 8 March 2018 during a quarterly student engagement session with the Rector and Vice-Chancellor, Prof Francis Petersen, to review the position of the President Steyn statue in front of the Main Building on the Bloemfontein Campus in the current, liminal transformation space – particularly, its symbolic representation within a university community that is striving to create inclusive public spaces and advance nation-building and social cohesion.
 
Prof Petersen acknowledged the urgency of this matter and subsequently appointed a task team to focus on this request. The task team functions as a sub-committee of the ITP work stream on Names, Symbols, and Statues and consists of subject experts, members of the SRC, heritage professionals, and individuals who understand the complex issue of institutional culture.

 The task team recognises the fact that the review is a sensitive process, and has made significant progress while aligning itself to relevant legislation. As part of the review process, the task team has decided to make a submission to the Free State Provincial Heritage Resources Authority in order to obtain a permit to cover the MT Steyn statue while the review process is conducted, and an outcome has been reached. The task team is of the opinion that wrapping the statue symbolises the seriousness and urgency of the review process. 

In preparing the application for a permit to the Provincial Heritage Resource Authority, the task team would like to engage with all relevant stakeholders by requesting them to make submissions, indicating if they agree or disagree with the covering of the statue.
 
Stakeholders can make submissions in the following ways:

Written submissions can be sent to news@ufs.ac.za until 16:30 on Wednesday 11 April 2018.
 
The written submissions will be incorporated in the application for a permit and, after the decision has been made by the permit committee, there will be a 14-day-period during which the public may appeal the decision. 

As part of the Framework of Engagement on the President Steyn statue, the task team is also in the process of appointing a consultant to conduct a heritage impact assessment as required by the heritage authorities. Clear time frames on key deliverables will be shared with the UFS community at the start of the second term. 
The task team is committed to engage on this process with the appropriate urgency, cognisant of what is legislatively required in terms of the heritage authorities.
 
Released by:
Lacea Loader (Director: Communication and Brand Management)
Telephone: +27 51 401 2584 | +27 83 645 2454
Email: news@ufs.ac.za | loaderl@ufs.ac.za
Fax: +27 51 444 6393

News Archive

Wrongful suffering must be compensated, Prof Johann Neethling argues
2016-04-20

Description: Prof Johan Neethling, wrongful suffering must be compensated Tags: Prof Johan Neethling, wrongful suffering must be compensated

From the left are Prof Jonathan Jansen, Vice-Chancellor and Rector, Prof Caroline Nicholson, Dean of the Faculty of Law, Prof Neethling, Prof Rita-Marie Jansen, Vice-Dean, and Dr Brand Claassen, Head of the Department of Private Law.
Photos: Stephen Collett

On 11 April, the Faculty of Law held the first of the year’s series of Prestige Lectures presented by Prof Johann Neethling, Senior Professor in the Department of Private Law.  The event was attended by senior faculty members, the Dean of Law Prof, Caroline Nicholson, and the Vice-Chancellor and Rector, Prof Jonathan Jansen.

In his opening remarks, Prof Jansen said “Prestige lectures are at the heart of a university’s academic endeavour. It would serve the university community well to present them more often, as they go to the heart of important issues that affect society”

Prof Neethling made a compelling case for compensation for wrongful suffering by a child born with impairments. Since the mid-1960s, the actions of wrongful conception and wrongful birth have been recognised in South African law. Wrongful conception is defined as when a healthy child is born as a result of failed sterilisation or abortion, and wrongful birth is when a doctor fails to inform parents of a disability before the birth of their child.

“The reality is that a child born with impairments may indeed suffer (sometimes extreme) pain, loss of amenities of life, which would justify an award of damages,” he said.

So far, the action for wrongful suffering has been dismissed by the High Court and the Supreme Court of Appeal. However, he highlighted several cases where wrongful conception and wrongful birth was recognised by the courts.

“Why can the same approach (for wrongful conception and wrongful birth) not be followed in wrongful suffering claims by accepting that a disabled child seeks to address the consequences of its birth?” he asked.

Prof Neethling is regarded as one of the greatest minds in Private Law, not only in South Africa but in the African continent.

A festschrift, Essays in Honour of Johann Neethling (2015), with contributions from more than 50 of his peers around the world, was also launched at the lecture.

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