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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

A real indaba it was
2010-09-07

Pictured from the left, are: Prof. Dennis Francis (Dean), Prof. Rita Niemann (Director: Postgraduate Studies and Research) and Prof. Rob Pattman (Keynote speaker: UKZN).

No expert panels! No rubrics! Only a fair measure of healthy anxiety that goes with public speaking!

These features describe the meeting that staff members from the Faculty of Education recently had at Indaba Lodge on the banks of the Modder River. The purpose of this get-together was to create a time and space where staff members could not only celebrate their own research efforts, but also acknowledge, support and validate one another’s work.

The day kicked off with the dean’s research vision for the faculty. Thereafter seven staff members doing their Ph.D.s were introduced. Their presentations were followed by inputs from the guest speaker, Prof. Rob Pattman from the University of KwaZulu-Natal (UKZN). He congratulated the presenters on their cutting-edge research, their eloquence and the manner in which they managed to communicate complex matters in simple ways. Ideas he shared from his own research on social identities and critical agency (with a focus on gender and race) served to affirm the relevance of the topics presented by the Ph.D. candidates in transforming the education system as well as the South African society as a whole.

A festive lunch, in honour of retiring Prof. Johan van Staden, brought an affective dimension to the Indaba in the form of heart-felt goodbye messages from colleagues who had shared his academic life for more than 20 years.

After lunch five master’s students had the opportunity to share their research in the form of poster presentations. A lively interest among participants and critical, but constructive questions characterised this session. A potpourri session followed, comprising work in progress, completed surveys, research awards and innovative research methods.

The wrap-up by Prof. Dennis in no uncertain terms affirmed that researchers in the Faculty of Education not only crossed the Modder River, but also the proverbial Rubicon on 21 August. It was envisaged that henceforth:
- Supervision will take on a collaborative character.
- Soon a research forum for Ph.D. students and their supervisors will be established where these students and supervisors can start practising their agency.
- Instead of relying on outside experts who come and “tell” faculty staff members what to do, insiders should start building their own vibrant research-based practices by forming reading groups to discuss seminal works (e.g. Foucault and Freire) and research methodologies (e.g. Burke’s Pentad).

The Indaba was aptly concluded by one of the participants who, on behalf of all attendees, thanked and congratulated the dean on the initiative to give impetus to research. Analogous to the 2010 slogan, Feel it, it is here!, he said: “I feel so inspired and empowered, I can almost taste it!”
 

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