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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

‘Language central to multidisciplinary society’
2012-03-22

 

Dr. Neville Alexander (right) discussed the role of language and culture in creating tolerance in South Africa. On the left is Prof. André Keet, Director of the UFS' International Institute for Studies in Race, Reconcilliation and Social Justice.
Photo: Johan Roux
22 March 2012

A multilingual state and culture could lead to more tolerance in South Africa, and schools and universities could play a leading role in the creation of a multilingual culture.

This is according to Dr Neville Alexander, one of South Africa’s foremost linguists and educationalists.

Dr Alexander spoke during a discussion session on language issues in a new South Africa at the University of the Free State’s (UFS) International Institute for Studies in Race, Reconciliation and Social Justice.

He said in a multidisciplinary society, language is central to everything we do. 

“Language has the ability to empower people or to disempower them. Yet the present government failed to value the other official South African languages, apart from Afrikaans and English.”

Dr Alexander said it is “convenient and cheap” for the government “to only govern in English”.

Government officials and academics often used the shortage of terminology and glossaries in various African languages as an excuse to use only English as the medium of instruction. This tendency puts young children in the South African school system at a disadvantage since it deprives them of their right to mother tongue education.

According to Dr Alexander, this is similar to the problems that academics experienced centuries ago when only Latin terminology existed for certain disciplines.

“It is the task of educationalists and experts to develop the necessary word lists and terminology to offer more economic value to all our official languages.”

If multilingualism was promoted at school level, a multilingual culture would become more acceptable in future. In this way, we could have an isiZulu of isiXhosa dominant university in South Africa in 30 years time.
 

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