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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

UFS receives multimillion rand international funding for Advancement
2013-01-21

21 January 2013

We are one of four South African universities that have been selected to take part in a multimillion-rand programme to bolster private fund-raising and Advancement efforts.

The UFS will receive US$640 000 (R5 612 800) over a period of five years to use in advancement efforts.

In total, the US-based Kresge Foundation will make US$2.5 million available to the four universities, which includes the UFS, Durban University of Technology (DUT), Tshwane University of Technology (TUT) and the University of Johannesburg (UJ), over the next five years as part of a joint initiative with Inyathelo: The South African Institute for Advancement, to support the long-term financial sustainability of higher education institutions in South Africa.

Kresge will also provide programmes and support aimed at enhancing student access to universities and improving graduation rates.

Bill Moses, who directs Kresge’s education programme, says declining government support means that South African university officials need to tap into diversified philanthropic and private funding if they want to enhance their institutions’ ability to serve students better. “Stronger Advancement skills are critical to their success and ultimately to getting more South African students into universities and completing degrees. Advancement is not just about raising funds. It is the practice of building, maintaining and improving support, skills and other resources to ensure the sustainability of an institution,” explains Moses.

 This latest Kresge initiative follows the success of a five-year partnership with Inyathelo that helped five high-profile South African institutions - the University of the Witwatersrand (Wits); the University of Pretoria (UP); the University of the Western Cape (UWC); the Cape Peninsula University of Technology (CPUT) and the Children’s Hospital Trust - increase their private fund-raising revenue threefold. The four universities will receive additional funding over the next five years and will serve as mentors to the new group of institutions.

In April last year, Kresge announced a new commitment to South African higher education that builds on its efforts in the United States to improve university access and help students succeed academically. Their ‘Promoting access and success at South African universities’ programme will seek to strengthen pathways to and through universities, especially for students who are often unprepared for university study. Moses says enhancing the ability of universities in South Africa to graduate the next generation of knowledge workers, will make it possible for the country to compete more effectively in the global economy. “Access to higher education in South Africa has improved dramatically since the end of Apartheid. A doubling of enrolment since 1994 has, however, contributed to serious challenges, including under-prepared students and disappointing graduation rates. We are confident that our programme will help address some of these obstacles to success,” says Moses.

Kresge has already funded several efforts that support its interest in strengthening pathways to and through universities this year, including a grant to the University of the Free State to expand the South African Survey of Student Engagement, as well as funding to the University of Pretoria to support a conference in January, which will highlight opportunities to promote access and success at South African universities.

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