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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.

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In January 1, 2003, the Qwa-Qwa campus of the University of the North (Unin) was incorporated into the University of the Free State (UFS).
2003-02-07


FREDERICK FOURIE

IN January 1, 2003, the Qwa-Qwa campus of the University of the North (Unin) was incorporated into the University of the Free State (UFS).

While this is merely the beginning of a long and complex process, it does represent a major milestone in overcoming the apartheid legacy in education, realising the anti-apartheid goal of a single non-racial university serving the Free State.

The incorporation is also part of the minister's broader restructuring of the higher education landscape in South Africa - a process which aims to reshape the ideologically driven legacy of the past.

In contrast to the past educational and social engineering that took place, the current process of incorporating the Qwa-Qwa campus of Unin into the UFS is informed by three fundamentally progressive policy objectives, clearly outlined in the education white paper 3: (A framework for the transformation of higher education):

To meet the demands of social justice to address the social and structural inequalities that characterise higher education.

To address the challenges of globalisation, in particular the role of knowledge and information processing in driving social and economic development.

To ensure that limited resources are effectively and efficiently utilised, given the competing and equally pressing priorities in other social sectors.

Besides informing the way the UFS is managing the current incorporation, these policy objectives have also informed the transformation of the UFS as an institution over the past five years.

In 2001, former president Nelson Mandela lauded the success of the UFS in managing this transformation, by describing the campus as a model of multiculturalism and multilingualism. This was at his acceptance of an honorary doctorate from the UFS.

Indeed our vision for the Qwa-Qwa campus as a branch of the UFS is exactly the same as it is for the main UFS campus - a model of transformation, academic excellence, community engagement and financial sustainability, building on the histories and strengths of both the Qwa-Qwa campus and the UFS (Bloemfontein campus).

Realising this vision will be a giant leap forward in establishing a unified higher education landscape in the Free State.

In more concrete terms, the UFS is working towards this vision by focusing on the following areas of intervention: access and equity; academic renewal; investment in facilities; and sound financial management.

These interventions are being made not to preserve any vestiges of privilege or superiority, but precisely to increase access for students from poor backgrounds and to promote equity and representivity among all staff.

The current growth phase of the UFS has seen student enrolment almost double over the past five years, in particular black students, who now constitute approximately 55 percent of the student population of nearly 18 000 (including off-campus and online students).

But it has not just been a numbers game. Our approach has been to ensure access with success.

Our admissions policy, coupled with the academic support and "career preparation" programmes we offer, have resulted in significant successes for students who otherwise would not have been allowed to study at a university.

This will be continued at Qwa-Qwa as well.

Our academic offerings too have undergone dramatic change. We have become the first university in the country to offer a degree programme based on the recognition of prior learning (RPL).

This is not just a matter of academic renewal but of access as well, especially for working adults in our country who were previously denied a university education.

As for the sound financial management of the UFS (including the Qwa-Qwa campus), this is being done not for the sake of saving a few rands and cents, but for the greater value to our society that comes from having sustainable institutions.

It is sustainable universities that can make long-term investments to fund employment equity, provide information technology for students, upgrade laboratories, construct new buildings, develop research capacity, and provide a safe environment for students and staff, as is happening now at the UFS.

As a result of such management, a practical benefit for prospective students at the Qwa-Qwa campus of the UFS will be lower academic fees in some cases compared with the Unin fees.

As is the case with all these processes, there are concerns from staff and students at Qwa-Qwa and the broader community of the region that the Qwa-Qwa campus serves.

To get the campus viable and to ensure its continuation in the short term, tough choices had to be made by the minister of education regarding which programmes to offer and fund.

But we have been encouraged by the community's understanding that these concerns can be addresed over time as the campus becomes financially viable.

Meetings between the top mangement of the UFS and community representatives, staff and students at Qwa-Qwa have laid the basis for building a climate of trust in such a complex process.

We should not be captives of the past divisions but build this new unified higher education landscape that can meet our country's developmental needs.

It should be a higher education landscape that is based on broadening access, promoting equity and social justice, developing academic excellence, and the effective and efficient management of scarce resources. This should be our common common objective.

Professor Frederick Fourie the rector and vice-chancellor of the University of the Free State (UFS)

 

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