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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

Missing UFS student found
2013-04-01

 

Thabiso Moholoholo
Photo: Supplied

10 April 2013

The whereabouts of University of the Free State (UFS) student Thabiso Moholoholo have been determined. He was found to be in Qwaqwa by the South African Police Service (SAPS) who used cell phone tracking to locate the 'missing' student.

Thabiso 'disappeared' on 9 October 2012 from the Bloemfontein Campus allegedly on his way to the UFS Sasol Library. He was a second-year student doing the BSc Environmental Studies programme, and was a resident in Tswelopele Residence on the Bloemfontein Campus at the time of his disappearance.

The university’s Protection Services, with the assistance of the SAPS, went to great lengths to search for him up until he was found. The investigative work of well-known private investigator Leon Rossouw also assisted greatly in the case.

Shortly after his disappearance a message indicating that he was dead and photos of him lying face-down, covered in what seemed to be blood were posted on his Facebook page. This was followed with a similar SMS message to a friend.

It has now been discovered that Thabiso disappeared on his own initiative and that he made up the violent photos for his Facebook page with the help of a friend.

The senior leadership of the university and residence leadership of Tswelopele are obviously relieved that he was found and thank everyone who worked tirelessly to locate the student.

The university has spent considerable time and extended its limited financial and human resources all in an effort to find this so-called missing student; his conduct is completely unacceptable. The stress on the family, fellow students and the university community as a whole is incalculable.

The university therefore views this staged disappearance in a grave light and considers this act to constitute very serious student misconduct, which could result in disciplinary action and possible expulsion.

 
Media Release
10 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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