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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

UFS presents workshop on plea bargaining
2010-02-09

At the workshop were in front: Prof. Hennie Oosthuizen, Department of Criminal and Medical Law at the UFS; back: Judge Faan Hancke, Adv. Jo Hiemstra of the Office of the Director Public Prosecution in the Free State, Judge President Hendrick Musi and Judge of Appeal Fritz Brand.
Photo: Stephen Collett


The Centre for Judicial Excellence in the Faculty of Law at the University of the Free State (UFS) recently presented a workshop on plea bargaining. This is the fourth workshop in the series of workshops on effective court management and the expedition of trials that started in 2007.

According to Judge Faan Hancke, the Chair of the workshop and also Extraordinary Professor in the Department of Process Law at the UFS, selected members of the judicature such as Judge of Appeal Fritz Brand, Judge Albert Kruger – who is amongst others the author of an important book on the criminal process – and Judge President of the Free State High Court, Hendrick Musi, conducted presentations at this workshop.

Judge Hancke’s lecture focused on the basic principles of plea bargaining. “Abroad, the plea agreement is effectively applied to shorten court procedures. This gives them a 80 percent saving on court cases with regard to serious crime, where we in South Africa save less than five percent on court cases.

The workshop was attended by magistrates, attorneys, advocates, the UFS Law Clinic and members of the Legal Aid Council. According to Mr Lukas Brand, a magistrate from Botshabelo, this workshop is a must for each jurist. More members of the legal profession must attend these kinds of workshops because there are many people who lack the necessary knowledge on some of the stipulations in the criminal procedure.
 

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