Latest News Archive

Please select Category, Year, and then Month to display items
Previous Archive
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

UFS withdraws interdict against SASCO and ANCYL
2003-11-25

The Rector and Vice-Chancellor of the University of the Free State, Prof Frederick Fourie, announced today that a court order against the South African Students Congress (SASCO) and the ANC Youth League (ANCYL) had been withdrawn.

The withdrawal of the court order follows after a written statement by SASCO and the ANCYL in which they “unconditionally withdraw or retract statements threatening to render the institution ungovernable” and give their “commitment not to proceed with our threats to establish our own democratic SRC and occupy the current SRC offices”.

The UFS management obtained the court order in October after SASCO and the ANCYL refused to accept the outcome of the recent student referendum and SRC elections and threatened to disrupt the campus.

Prof Fourie also welcomed the undertaking by SASCO and the ANCYL to act in accordance with the prescribed procedures to resolve any grievance that the organisations may have, saying the UFS management remains committed to a constructive dialogue with all student organisations to manage a campus of diversity, tolerance and non-racialism.

In September students voted in a referendum to test support for a system of proportional representation (PR) for the SRC. A vast majority of students voted against the PR system, a system favoured by SASCO and the ANCYL..

Following allegations of fraud in the referendum, the UFS management asked the auditing firm PriceWaterhouseCoopers to conduct an independent audit of the ballot papers.

The auditors found that a total of 180 ballot papers out of 3513 – only 5.12% - of the votes cast - appeared to have been altered by means of erasing and then changing the student number.

According to the auditors, with all potentially altered and suspicious ballot papers excluded, a huge majority of 60,8% of students voted against the proportional representation system.

A few days after the referendum, the actual SRC election was held. However, at no stage were there any complaints from any organization about the integrity of the SRC election itself.

Despite this and the findings of the auditors, SASCO and the ANCYL refused to accept the outcome.

Law student Quintin du Plessis was elected SRC president. He welcomed the stance taken by SASCO and the ANCYL to pursue their objectives through the existing structures and said the SRC was always willing to engage with these organisations on issues of student governance.

We use cookies to make interactions with our websites and services easy and meaningful. To better understand how they are used, read more about the UFS cookie policy. By continuing to use this site you are giving us your consent to do this.

Accept