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Dr Tshepo Moloi Gille de Vlieg Prof Monique Marks Zama Khanyesa read more
Dr Tshepo Moloi (far left) with some of the panellists during the Cosas Colloquium: Gille de Vlieg, Prof Monique Marks, and Zama Khanyesa (Cosas President, 2015-2017).

They came from near and far; the attendees were both from the founding and the contemporary generation – up to the current President, John Macheke. This was reflected in the guest and speaker lists of the colloquium, which was hosted by the Qwaqwa Campus Faculty of the Humanities and the TK Mopeli Library to celebrate the 40th anniversary of the Congress of South African Students (Cosas).

Acknowledging Cosas pioneers

“The two-day colloquium was aimed at enabling all Cosas generations to engage meaningfully, while highlighting the role of its leaders in the struggle for a democratic system of education and country,” said the organiser, Dr Tshepo Moloi from the Department of History.

“We must appreciate the founders of Cosas, as they have not been adequately acknowledged in the democratic dispensation. The organisation fought many battles – one of which was to enable many of us to finally register at institutions of higher learning when it was not as fashionable as it is now,” said Patrick Letsatsi from the Department of Sports, Arts and Culture (DSAC). 

Letsatsi also expressed the DSAC’s mission of facilitating such dialogues on matters of national interest. “Talking enables us to see that burning a library when we need a road is not the right way of dealing with matters,” he said.

Limited research on Cosas

On the academic research front, it is clear that minimal work has been done to reflect on the role played by Cosas over the years. “There is limited scholarly research on Cosas,” said Prof Noor Nieftagodien, the Head of the History Workshop at the University of the Witwatersrand.

“Despite this, we know for a fact that the founding members of Cosas found themselves under serious threat from the state. They were detained almost immediately after its formation in 1979, yet the organisation continued to produce leaders who not only played a pivotal role in the underground movement and formation of youth congresses and trade unions, but also in the shaping of our democratic state,” he argued.

The colloquium also featured Prof Monique Marks, who spoke at length about Cosas in the 1980s and the 1990s. There was also a presentation and photo exhibition by veteran anti-apartheid activist and former member of the Black Sash, Gille de Vlieg, whose photographs back then were inspired by the energy of the students. Other panellists were, among others, founding members Oupa Masuku, Vusi Gqoba, Super Moloi, Titi Mthenjane, and former Free State MEC, Oupa Khoabane.  

The colloquium was hosted in partnership with the national Department of Sports, Arts and Culture and the National Institute for the Humanities and Social Sciences (NIHSS).

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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