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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

Max du Preez on South Africa’s leadership vacuum
2011-08-29

 

Present at the CR Swart Memorial Lecture was, from the left: Prof. Hussein Solomon, senior Professor in our Department of Political Science; Prof. Theo Neethling, Head of our Department of Political Science; Max du Preez and Prof. Lucius Botes,Dean of our Faculty of Humanities.
Photo: Stephen Collett

“Much has been going wrong in South Africa in the last few years and it’s all due to a lack of strong, visionary leadership. South Africans deserve better and should demand more integrity, courage and vision from the present political leadership,” veteran journalist and author Max du Preez told the audience at a packed Wynand Mouton Theatre at our university, on 25 August 2011.

Delivering this year’s CR Swart Memorial Lecture on the topic “Of Jacob, Julius, Jimmy and the Dancing Monkey”, Du Preez told the audience to look with much more critical eyes at the political leadership and decide who is doing the obvious, following his or her basest instincts or simply trying to play to the gallery. “Why look at a man like Julius Malema and let him upset us, why listen to Floyd Shivambu with his crude manners and let them define us?” Du Preez asked the more than 300 people attending the memorial lecture. The CR Swart Memorial Lecture, the 41st hosted by the UFS, attracted one of the largest crowds ever for a public lecture, with some people sitting on the steps inside the auditorium of the Wynand theatre.
 
Telling the story of African philospher Morena Mohlomi, who acted as a teacher to Basuto king Moshoeshoe, Du Preez told the audience that the country needs counter-intuitive leadership like the two leaders had demonstrated. Calling Mohlomi southern Africa’s first Pan Africanist, Du Preez said the extroadinary thing about Morena Mohlomi and his student was their gift of counter-intuitive leadership, leadership that was daring and visionary, leadership that did not simply do the obvious. Pointing out other visionary leaders like Nelson Mandela, Oliver Tambo, Walter Sisulu, Beyers Naude and Van Zyl Slabbert, Du Preez urged the audience to question “the quality of leadership of Cosatu, the Democratic Teachers Union that is messing up our education, the Communist Party, the Democratic Alliance, the Freedom Front Plus and Solidarity. If they don’t live up to our expectations, why do we still tolerate them?” Du Preez asked.
 
Du Preez also commended Prof. Jonathan Jansen, Vice Chancellor and Rector of the UFS, for his counter-intuitive leadership regarding the Reitz Residence incident and said Prof. Jansen’s solution, as controversial as it was, brought a much better outcome.
 
Please find attached the full speech of Max Du Preez.

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