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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

Clarification of charges against the Reitz students
2009-10-24

Statement by Prof. Jonathan Jansen, Rector and Vice-Chancellor of the University of the Free State (UFS)

The University of the Free State (UFS) has not “withdrawn charges” against the four Reitz students. This needs to be clarified.

There are three processes underway, and they must not be confused:

  1. 1. The criminal charges against the students were laid by the Directorate of Special Prosecutions in the province, and the university has no say over those processes in the criminal courts. That process remains in place.

  2. The human rights charges are led by the Human Rights Commission, in the province, and the university has no say over those processes in the equality court. That process remains in place.

  3. The university simply withdrew its own complaint against the students, insofar as university processes are concerned, and on that basis decided to invite the students back to continue their studies and to re-open Reitz as a model of social justice and racial reconciliation as an exemplary university residence. These decisions alone fall within the realm of the university’s authority.

The decision with respect to the withdrawal of the university’s complaint against the students was based on two considerations:

a. the institution’s own accountability for what happened, and creating (or not interrupting) the conditions under which racism and racist attacks were even possible on the campus of an institution of higher learning. It is in this context that the institution has decided to offer reparations for harm to the dignity and esteem of the five workers.

b. the institution’s desire to create the conditions for racial reconciliation on a deeply divided campus, and in doing so to accelerate the chances of transformation at the UFS.

There were broad consultations with the Human Rights Commission, Cosatu provincial, Sasco, Nehawu as representatives of the workers; there were also discussions with the leadership of the Student Representative Council (SRC) about the need to resolve the Reitz issue outside of the courts; and the matter of Reitz and its resolution through negotiation was also raised with the Minister of Higher Education and Training. There were also meetings with the legal representatives of both the students and the provincial prosecuting authority.

There was a meeting with the workers to ensure them of the university’s full support for them as workers, but the case itself was only discussed with their representatives, Nehawu.

Sasco National has communicated a message of support to the university to return the two students and to re-open the Reitz residence.

 

Issued by: Lacea Loader
Deputy Director: Media Liaison
Tel: 051 401 2584
Cell: 083 645 2454
E-mail: loaderl.stg@ufs.ac.za  
19 October 2009

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