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02 February 2018
Public lecture focuses on diversity as foundation for equality
Prof Shaun de Freitas (Department of Public Law), Dr Mwiza Nkhatha (Postdoctoral fellow at the Centre for Human Rights), Prof Iain Benson and Prof Jan Pretorius (Centre for Human Rights)

The Free State Centre for Human Rights at the University of the Free State (UFS) held a public lecture at the Bloemfontein Campus on 30 January 2018 titled Putting religion in brackets: the importance of diversity in the public square by Prof Iain T Benson, Professor of Law at the University of Notre Dame in Sydney, Australia, and, for the past seven years, extraordinary Professor of Law at the UFS.

Conflict between religion and modernity

According to Prof Benson, there have been attempts to exclude so-called old-fashioned ideas from modernity. He gave examples of political and moral objections to public money being spent on religious education by schools, and the prevalence of terminology that stigmatises alternative opinions that may be based on religion, such as “homophobia”. He also referred to an instance in which the accreditation of a Canadian Christian university was challenged because its covenant explicitly rejected certain practices, such as extramarital relationships and same-sex marriage – the objections centred on an institution with such views receiving public benefits.

The challenge of inclusion in a growing secular society
Last year, a South African court found that schools may not promote a single faith to the exclusion of others. “According to the constitution, we have the right to hold religious beliefs. However, there are limitations on religious practices. Each society must draw a line,” he said. In the South African case, he explained, “the court rejected a blanket exclusion of religion in schools. If religion is a right, how can it be voted out of existence?”

Prof Benson argued that the ideology of secularism, the separation of church and state, is making inroads into how we understand religion. If agnostic or atheist viewpoints are accepted in the public sphere, it should not mean that religious beliefs should be abolished. “A diversity of beliefs should be accommodated and every citizen, whether religious or not, may be a part of public life,” he said. He concluded by saying that we lived in a particularly difficult time for a religious believer in the public sphere.

News Archive

Democracy and traditional leadership in rural areas explored
2017-09-22

Description: Democracy Tags: Democracy, customary law, human rights, research, constitution 

Prof Lungisile Ntsebeza, recipient of the NRF Hamilton
Naki Award
Photo: Supplied


The Free State Centre for Human Rights held a presentation by Prof Lungisile Ntsebeza on 7 September 2017 at the University of the Free State (UFS) Bloemfontein Campus on the topic of democracy and traditional leadership in rural areas. Prof Ntsebeza is the holder of the AC Jordan Chair in African Studies at the University of Cape Town and the holder of the National Research Foundation (NRF) Research Chair in Land Reform and Democracy in South Africa. 

Conflict between democracy and traditional rule
The topic of democracy and traditional leadership in the rural areas is an example of the tension between democracy and customary law governing the appointment of traditional leaders (headmen) that is currently at play in many parts of the country. Prof Ntsebeza made reference to a court case in the Eastern Cape, where a community successfully challenged the appointment of a headman by the royal family of the area. The contention was whether royal families could appoint headmen in rural communities or if those communities ought to democratically elect their own leaders. He argued that in this specific case, the democratic imperatives of the Constitution did not conflict with customary law because of the particular communal practice of electing leaders. 

The Constitution and customary law

The Constitution of South Africa recognises customary law provisions which are not in conflict with its fundamental values. Difficult legitimacy problems may arise where customary practices are different from those governing this particular case. Ultimately the Constitutional Court would be called upon to resolve inherent tensions and develop customary law in line with the direction foreseen in the Constitution.

Student engagement as a vehicle for change
The event was attended by UFS staff and fourth-year LLB students in the Faculty of Law, and was funded by the Free State Centre for Human Rights at UFS. The programme is one of several that the centre seeks to utilise in engaging students with researchers and scholars in the field of law and human rights. Prof Ntsebeza has given academic presentations on various related and trending topics in the current academic climate, such as decolonising the curriculum, Cecil John Rhodes and others. He was recently awarded the Hamilton Naki Award at the 2017 National Research Foundation Awards.

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