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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

JN Boshoff Memorial Lecture: Dr Charles Nwaila
2005-09-13

Dr Charles Nwaila, Director-General of the Free State Provincial Government and Vice-Chairperson of the University of the Free State's (UFS) Council, recently discussed the repositioning of the Free State Provincial  Government to respond to the 21st century demands during the JN Boshoff Memorial Lecture at the UFS. 

 

 

From left:  Dr Nwaila; Prof Tienie Crous, Dean:  Faculty of Economic and Management Sciences; Prof Frederick Fourie, Rector and Vice-Chancellor and Dr Moses Sindane, Departmental Chairperson:  Department of Public Management at the UFS.
 

A summary of the lecture.

Free State government to focus on training of public servants

The Free State provincial government in collaboration with higher education institutions in the province is to establish the Free State Association of Public Administration to get public servants to work effectively towards the growth and development of the province.
This was announced by the Director-General of the Free State provincial government, Dr Charles Nwaila, during a lecture he delivered at the University of the Free State (UFS) in Bloemfontein this evening (Thursday 8 September 2005).

Delivering the annual JN Boshoff Memorial Lecture at the UFS, Dr Nwaila called on higher education institutions to play a critical and leading role in the re-engineering of the existing Provincial Training and Development Institute housed at the Vista campus of the University of the Free State in Bloemfontein.

Dr Nwaila was formerly the Superintendent-General (head) of the Free State Department of Education and currently serves as the Deputy Chairperson of the Council of the University of the Free State.
He said the proposed Free State Association of Public Administration is a joint initiative with the National Academy of Public Administration based in Washington DC.

“We take this opportunity to invite the University of the Free State and other knowledge based institutions to join the Provincial Government in fostering a collaborative network to help us develop our public servants,” Dr Nwaila said.
He said there were accelerating demands and a lot of pressure on limited resources, with Free Staters expecting more from their government than ever before.

“Civil servants in a developmental state are servants of the people, champions of the poor and the downtrodden and not self-serving individuals that seek only advancement on the career ladder,” Dr Nwaila said.
According to Dr Nwaila, the Free State Growth and Development Strategy has identified 11 areas that need to be addressed by the year 2014, including:

• To reduce unemployment from 38% to 20%
• To improve the functional literacy rate from 69,2% to 85%
• To stabilize the prevalence rate of HIV and AIDS  and reverse the spread of the disease
• To provide a free basic service to all households
• To provide adequate infrastructure for economic growth and development


Dr Nwaila said that the Free State government will continue to follow a people-centred approach towards these development objectives with a keen sense of unity and unwavering determination to create the best of times for the Free State and all its people.


 

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