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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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First superannuation lecture delivered at the UFS
2009-11-18

Proff. Voet du Plessis (left) and Johan Henning, Dean of the Faculty of Law.
Photo: Stephen Collett


Prof. Voet du Plessis from the Department of Mercantile Law in the Faculty of Law at the University of the Free State (UFS) recently presented the first superannuation lecture at the UFS.

Prof. Du Plessis retired this year after 41 years at the UFS. This milestone event coincides with the faculty’s celebration of a century of excellence in legal education under the theme “Iurisprudentia 100”.

With his superannuation lecture Prof. du Plessis gave a view on the future of worker participation in enterprises. Thirty years ago during his inaugural lecture he discussed a similar topic: Worker participation in the management organs of a company.

According to him there is currently no worker participation in management organs in South African companies. The South African legislation does give extended abilities and protection for workers. In spite of this protection South African legislation falls short with regard to a possible say workers may have in or influence that workers may exercise over decisions taken in the workplace and which affect them as workers directly.

In terms of the right to information and consultation he gave the following suggestions to improve the current system of worker participation in decisions which affect them as workers:

“Serious attention must be given to the changes to the current Labour Relations Act, 1995 for the compulsory establishment of a workplace forum in each workplace with 50 or more workers, to oblige the employer to take the initiative with the establishment of a workplace forum; and to give to registered trade unions who are recognised in the workplace the sole right to nominate candidates for the workplace forum,” said Prof. du Plessis. He also proposed that attention be given to a Southern African Work Committee. An increase in world wide economic operations through multi national companies with head quarters abroad where decisions about the misfortunes of workers in the Southern African region are taken makes such a decision essential.
 

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