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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 to implement a policy on HIV and Aids
2005-03-14

The Council of the University of the Free State (UFS) approved the implementation of a policy on HIV and AIDS.

“With this policy we recognise the seriousness of the HIV and AIDS epidemic and the potential impact this disease can have on both the UFS and the wider society.  We are committed to addressing HIV and AIDS in a positive, supportive and non-discriminatory approach by providing resources and leadership to implement HIV and AIDS university-based, as well as community outreach programmes,” said Dr Ezekiel Moraka, Vice-Rector:  Student Services at the UFS.

The objectives of the policy include:

  • The protection of individual rights of confidentiality and freedom from discrimination.

  • The promotion of a sustained educational programme that provides counseling and current accurate information to the University community and to the outside community.

  • The promotion of behaviors that reduce or minimise the risk of acquiring HIV infection and generally create a safe environment.

  • The provision of leadership in teaching, research and community service on HIV and AIDS and its impact.

  • The provision of leadership in promoting the human rights based approach to HIV and AIDS, and thereby also breaking down the stigma attached to the illness.

“The policy also makes provision for the establishment of a Centre for HIV and AIDS within Kovsie Health.  This centre will render HIV and AIDS related support services and initiatives to the whole campus,” said Dr Moraka.

According to Dr Petro Basson, head of the Centre for HIV and AIDS at the UFS, there is less than 1% incidence of HIV positive cases amongst undergraduate students on the main and Vista campuses.  All these students take part in a voluntary confidential counseling and testing programme (VCCT).  In the case of postgraduate students, there is about 1% incidence on both campuses.

“The Centre for HIV and AIDS has led in the development of information campaigns and workshops for students and staff to make them aware of the risks of HIV and AIDS and the necessary measures to ensure their safety.  We have found that, because students have access to the right information, they are more cautious when it comes to HIV and AIDS.  Awareness campaigns are also conducted throughout the year – especially during rag and intervarsity,” said Dr Basson.

“Some departments have also taken the lead in introducing aspects of HIV and AIDS into academic programmes while important research on the HIV and AIDS topic has already been completed and receives continuous attention,” said Dr Basson.

To achieve a coordinated approach, a Life Skills Forum will be established consisting of representatives of among others the Student Representative Council (SRC), academic departments, trade unions, Kovsie Counseling and Development, etc.

“With this policy the UFS pledges its commitment to participate actively in the fight against the disease,” said Dr Moraka.

Issued by: Lacea Loader
Media Representative
Tel:   (051) 401-2584
Cell:  083 645 2454
E-mail:  loaderl.stg@mail.uovs.ac.za
14 March 2005

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