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28 November 2018 | Story Charlene Stanley
Law home read more
Back row, from the left: Prof Danie Brand (Director of the Free State Centre for Human Rights), workshop co-organiser Helen Carr (Kent University), and Ellen Maphalane (home owner) with workshop participants during a visit to Ms Maphalane’s home, an example of alternatively constructed housing in Bloemfontein.

The body of a sixty-year-old homeless man is discovered in a tent on the outskirts of Canterbury, Kent, UK. Cursory research reveals that he had been refused a place on the council’s housing register and that he was a former member of the British armed forces – a group that makes up close to a quarter of the ‘rough sleepers’ in London. This raises questions about the complex relationship of politics, campaigning, gender, and welfare in homelessness law, policy, and practice.

Jump across the Atlantic Ocean to Klapmuts, Western Cape, South Africa, where beneficiaries of an RDP housing project are benefiting from the shelter provided in the form of private home ownership. Yet, they are not using these assets to its full potential, e.g. as security for credit to start or expand a business. This raises questions about whether the less expensive route of providing public housing with tenure security would not be a better option.

International workshop on housing

Diverse issues such as these came up for discussion as planners, geographers, architects, art historians, social activists, and lawyers recently met during a workshop at the University of the Free State to discuss what a home constitutes, and how best to provide and protect homes in a sustainable and inclusive manner in 21st century cities. The workshop was hosted by the Free State Centre for Human Rights on the Bloemfontein Campus.

Participants presented papers and engaged in discussions on home-related topics as diverse as Hannah Arendt’s conception of the intimate and political spheres; Henri Lefebvre’s notion of a right to the city; alternative, environmentally conscious building methods; court cases dealing with the concept of home; the right to a domestic garden as a component of the right to a home; and constructing the home as a subversive and empowering alternative when it comes to giving birth.

Going forward

The same group of participants will meet for a follow-up workshop at Kent University in the UK in February 2019, and a third workshop in Belo Horizonte in Brazil in June 2019, with the project culminating in the publication of an inter-disciplinary book containing the papers workshopped at the three events.

News Archive

SA must appoint competent judges
2009-05-08

 

At the inaugural lecture are, from the left: Prof. Teuns Verschoor, Acting Rector of the UFS, Judge Farlam and Prof. Johan Henning, Dean of the Faculty of Law at the UFS.

Supreme Court of Appeal Judge Ian Farlam has called on the South African government to appoint and continue to appoint competent, fair and experienced judicial officers to sit in the country’s courts.

He also emphasised the need to have an efficient and highly respected appellate division, which rightly enjoys the confidence of all.

Judge Farlam was speaking at the University of the Free State (UFS) where he delivered his inaugural lecture as Extraordinary Professor in Roman Law, Legal History and Comparative Law in the Faculty of Law.

He said there were important lessons that emanated from the study of legal history in the Free State, particularly including the lesson that there were courageous jurists who spoke up for what they believed to be right, and a legislature who listened and did the right thing when required.

“This is part of our South African heritage which is largely forgotten – even by those whose predecessors were directly responsible for it. It is something which they and the rest of us can remember with pride,” Judge Farlam said.

Addressing the topic, Cox and Constitutionalism: Aspects of Free State Legal History, Judge Farlam used the murder trial of Charles Cox, who was accused of killing his wife and both daughters, to illustrate several key points of legal history.

Cox was eventually found guilty and executed, however, the trial caused a deep rift between the Afrikaans and English speaking communities in the Free State.

Judge Farlam also emphasised that the Free State Constitution embodied the principle of constitutionalism, with the result that the Free State was a state where the Constitution and not the legislature was sovereign. He said it was unfortunate that this valuable principle was eliminated in the Free State after the Boer War and said that it took 94 years before it was reinstated.

Judge Farlam added, “Who knows what suffering and tragedy might not have been avoided if, instead of the Westminster system, which was patently unsuited to South African conditions, we had gone into Union in 1910 with what one can describe as the better Trekker tradition, the tradition of constitutionalism that the wise burghers of the Free State chose in 1854 to take over into their Constitution from what we would call today the constitutional best practice of their time?”

Media Release
Issued by: Lacea Loader
Assistant Director: Media Liaison 
Tel: 051 401 2584 
Cell: 083 645 2454 
E-mail: loaderl.stg@ufs.ac.za
8 May 2009
             

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