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01 September 2019 | Story Lacea Loader | Photo Stephen Collett
Chief Justice Mogoeng Mogoeng
From the left: Prof Prakash Naidoo, Vice-Rector: Operations at the UFS; Justice Mogoeng Mogoeng, Chief Justice of the Republic of South Africa; and Prof John Mubangizi, Dean: Faculty of Law at the UFS.

    Watch the full prestige lecture HERE.


“The government of the day should be based on the will of the people and must be led by people who deserve to lead us.” These were the words of Justice Mogoeng Mogoeng, the Chief Justice of the Republic of South Africa, during a prestige lecture delivered in the Faculty of Law on the Bloemfontein Campus of the University of the Free State (UFS) on 30 August 2019.

In addressing the topic of ‘Transformative Constitutionalism’, Chief Justice Mogoeng Mogoeng said this simply meant that the constitution was used as a tool to change or move a family, society, institution or the nation from an unacceptable to a more desirable position. He added that constitutionalism can be enhanced through ethical, courageous, and visionary leadership.

“There is a belief that judges should have nothing to do with matters of politics. I agree, but only to a certain extent. Judges are supposed to deal with political issues, as they interpret the constitution and the law. It is inescapable in a South African context. Some say that judges should only speak through their judgments. I've always said that our constitution is political in nature.”

“The preamble of our Constitution says this country belongs to all who live in it, but to what extent have we allowed our Constitution to achieve these objectives? A constitution does not implement itself. It takes people with a particular mindset and conviction. Transformation demands from the public to ensure that government is truly based on the will of the people,” he said.

According to the Chief Justice, South Africa needs strong and well-resourced institutions – including a strong judiciary. Institutions must be vigilant for any form of abuse of power and capture. Institutions cannot only be captured by external forces. They can be captured internally as well.

Another crucial element is education and the quality and condition of higher education at every level. “Our school system must allow the youth who are coming from high school to be able to adapt with ease when they get to university.”

“We need people who truly love their country to assume positions of power. Transformative constitutionalism is all about giving expression in a practical way. We should look at solutions for our country based on compromise that can bring us together as South Africans.”

He paid tribute to people such as former President Nelson Mandela, Mama Albertina Sisulu, and Adv Bram Fischer, who opted for the greater good of many, rather than personal satisfaction and gain. “South Africa belongs to all – not some – who live in it, united in our diversity. Are you prepared to serve the state? Do you love this nation? Go out there and pursue social justice. Don't buy things from thieves just because they are cheap. You are encouraging crime.”

“We can't continue this way and expect a different outcome. It is not too late; go out there and contribute towards building the South Africa that we can be proud of,” he concluded.

Hosted by Prof John Mubangizi, Dean of the UFS Faculty of Law, the prestige lecture was attended by approximately 800 guests, comprising senior members of the Supreme Court of Appeal, the Free State Division of the High Court, the university’s executive management, the Faculty of Law, staff members, students, and members of the public.

The Prestige Lecture Series was originally known as the Law Deans’ Prestige Lecture Series and was initiated by the late Prof Johan Henning, former Dean of the UFS Faculty of Law. The series started in 2011 as an initiative to encourage, develop, and expand academic discourse on topical jurisprudential issues and other related matters. Previous lectures were delivered by, among others, Prof Barry Rider from the University of Cambridge in the UK; Justice Richard Goldstone, formerly of the Constitutional Court of South Africa; former Deputy Chief Justice Dikgang Moseneke; and more recently, Judge President Dennis Davis.

News Archive

UFS welcomes Constitutional Court’s ruling on its Language Policy
2017-12-29



The executive management of the University of the Free State (UFS) welcomes today’s judgement by the Constitutional Court in favour of the university’s Language Policy. The judgement follows an appeal lodged by AfriForum against the judgement and order delivered by the Supreme Court of Appeal (SCA) on the implementation of the UFS Language Policy on 28 March 2017. 
 
In a majority ruling, Chief Justice Mogoeng Mogoeng denied AfriForum’s application for leave to appeal the SCA’s ruling, and said the UFS Council’s approval of the Language Policy was lawful and constitutionally valid. The court found that the adoption of the Language Policy was neither inconsistent with the provisions of the Constitution, nor did it violate the Constitutional rights of any students and/or staff members of the UFS.
 
Today’s landmark judgement is not only paving the way for the UFS to continue with the implementation plan for its Language Policy as approved by the UFS Council on 11 March 2016, but it is also an indication of the value which the university’s decision to change its Language Policy to English as primary medium of instruction has on higher education in South Africa.
 
“The judgement by the Constitutional Court is not a victory against Afrikaans as language. The UFS will continue to develop Afrikaans as an academic language. A key feature of the UFS Language Policy is flexibility and the commitment to strive for a truly multilingual environment. Today’s judgement allows the UFS to proceed with the implementation of its progressive approach to a language-rich environment that is committed to multilingualism,” says Prof Francis Petersen, Rector and Vice-Chancellor of the UFS.
 
According to Prof Petersen, the UFS is dedicated to the commitments in the Language Policy and, in particular, to make sure that language development is made available to students in order to ensure their success as well as greater levels of academic literacy – especially in English. This includes contributing to the development of Sesotho and isiZulu as higher-education languages within the context of the needs of the different UFS campuses.
 
“We can now continue to ensure that language is not used or perceived as a tool for the social exclusion of staff and/or students on any of the three campuses, and continue to promote a pragmatic learning and administrative environment committed to and accommodative to linguistic diversity within the regional, national, and international environments in which the UFS operates,” says Prof Petersen.
 
The UFS is the first university in South Africa appearing before the Constitutional Court regarding its Language Policy. 
 
During 2017, the Faculties of Health Sciences, the Humanities, and Law started with the implementation of the new Language Policy at first-year level. This includes the presentation of tutorials in Afrikaans. The remaining faculties will start implementing the policy as from 2018.

Released by:
Lacea Loader (Director: Communication and Brand Management)
Telephone: +27 51 401 2584 | +27 83 645 2454
Email: news@ufs.ac.za | loaderl@ufs.ac.za
Fax: +27 51 444 6393

Related articles:
UFS welcomes unanimous judgement about its Language Policy in the Supreme Court of Appeal (28 March 2017)
Judgement in the Supreme Court of Appeal about UFS Language Policy (17 November 2016)
Implications of new Language Policy for first-year students in 2017 (17 October 2016)
UFS to proceed with appealing to Supreme Court of Appeal regarding new Language Policy (29 September 2016)
UFS to lodge application to appeal judgment about new Language Policy (22 July 2016)
High Court ruling about new UFS Language Policy (21 July 2016)
UFS Council approves a new Language Policy (11 March 2016)

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