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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

Prof. Iain Benson delivers inaugural lecture in UFS's Faculty of Law
2010-10-27

Prof. Shaun de Freitas (left) of the Faculty of Law at the UFS and Prof. Iain Benson.

Prof. Iain T. Benson delivered his inaugural address as Professor Extraordinary in the Department of Constitutional Law and Philosophy of Law in the Faculty of Law at University of the Free State (UFS) faculty last week.

Originally hailing from Canada and currently residing with his family in France, Prof. Benson is an academic with a wealth of experience and expertise in the field of law, especially with regard to the right of conscience and religion. His achievements number many, including being a Senior Associate Counsel at one of Canada’s leading law firms, Miller Thompson LLP; and serving on the Founding Board of the Global Centre for Pluralism. 

Apart from his work on leading cases in the United Kingdom and Ireland, Prof. Benson also has strong ties with the law in South Africa. He is part of the Continuity Committee that is responsible for the major undertaking of drawing up the South African Charter of Religious Rights and Freedoms in cooperation with all the major religions in South Africa which, when completed, will be the first use of Section 234 of the South African Constitution.

The title of the inaugural lecture was Living together with Disagreements and the Limits of the Law, which tackled various conscientious and topical issues regarding the complex relationships between the law and religions. Starting off the lecture, Prof. Benson recalled that living together with disagreement is a necessary achievement in free and democratic societies and that differences of belief and opinion should not be resolved by force acceptance of a “one-size fits all” model. Mentioning religion and same-sex marriages, Prof. Benson held these up as issues which reasonable people may disagree on and should hence be respected by the public sphere that is girded round by the law. 

Quoting Sophocles’ Antigone, Prof. Benson noted that tensions between the so-called divine and imminent or state laws as in a non-theocratic state have always been with us. He stressed the importance of a wide respect by the law for civic associations in addition to but particularly in relation to religion which guides citizens views about wrong and right beyond matters that are regulated by law.
 

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