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05 October 2018

The public participation process regarding the review of the position of the MT Steyn statue in front of the Main Building on the Bloemfontein Campus is concluded and the reflective column in front of the statue has been removed. The reflective column was placed in front of the statue to elevate engagement and solicit comments from the university community regarding the position of the statue.
 
The public participation process started on 9 July and was concluded on 9 September 2018. During this process, the university community had several opportunities to submit oral and written submissions regarding the position of the statue. The oral and written submissions received during the public participation process were analysed by an independent analyst and a report was provided to the special task team. The broad themes that emerged from the public participation process included opposition to the current location; opposition to the removal; removal to alternative positions off campus; and the addition of other statues next to the statue.
 
The public participation process was by no means a vote on the matter; the aim was to obtain as many opinions and comments about the position of the statue as possible, as it forms part of a broader endeavour to review the position of the statue.   
 
The process going forward is as follows:
 
(i)            The report on the public participation process will be incorporated into the draft Heritage Impact Assessment (HIA), and the heritage consultant will submit the final report to the special task team;
(ii)           The special task team will engage with the final HIA and make recommendations to the Rector and Vice-Chancellor;
(iii)          The Rector and Vice-Chancellor will discuss the HIA assessment and the recommendations of the special task team with the university’s executive management and will subsequently make recommendations to the UFS Council for consideration during its meeting in November 2018. 


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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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