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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

Statement from Prof Jonathan Jansen regarding a misquote about Madiba
2013-04-10

08 April 2013

Comments made by learners who attended the Leadership Summit (pdf)

Prof Jonathan Jansen: Presentation about Great Leaders (pdf)

The news article that first appeared in Volksblad of Monday 8 April 2013 claiming that I wanted Madiba to die, refers.

This is a complete misrepresentation of what I said. My argument was that Madiba had done so much for South Africa, that he had served South Africa well, and that sometimes you just wish that people would leave him alone so that he can pass his final days quietly.

Like all South Africans, I want Madiba to live as long as possible, but without the constant glare and speculation of the media and others. He needs to be left alone to rest and die in peace. That was the content and context of what I said.

To misrepresent a lengthy statement on a talk which was entirely devoted to extolling Madiba’s leadership — alongside that of Luthuli, Ghandi and Martin Luther King Jr (this was the main photograph on the screen) — is mischievous. The seven characteristics of leadership of Mandela, and the other three, were what the one hour and ten minute talk was about — something completely ignored in the misrepresentation.

It is true that I depicted the crises from Marikana to the Catholic Church as crises of leadership and not primarily military or religious blunders.

It is also true that I argued that the official representation of the hospital visits as ‘routine checkups’ was inaccurate for aged people, since at the age of 94 no hospital visit is ‘routine.’ That is what I said.

- Prof Jonathan Jansen, Vice-Chancellor and Rector, University of the Free State

Media Release
08 April 2013
Issued by: Lacea Loader
Director: Strategic Communication
Tel: +27(0)51 401 2584
Cell: +27(0)83 645 2454
E-mail: news@ufs.ac.za

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