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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 acts fast in expelling students for serious misconduct
2014-02-22

On the evening of Monday 17 February 2014, Muzi Gwebu, a fifth-year student in BCom Economics, while walking on the Bloemfontein Campus of the UFS, was side-swiped by a vehicle driving recklessly through campus. He followed the vehicle where it stopped at one of the residences and approached the two occupants. A confrontation started and he was assaulted by one of the occupants of the vehicle.

Gwebu sustained minor injuries and was immediately assisted by the university’s residence life division. He lodged a complaint of assault at the South African Police Service (SAPS).

The senior leadership of the UFS is shocked and outraged at this blatant act of violence against one of its students. The Vice-Chancellor and Rector, Prof Jonathan Jansen, says: “We regard this incident in a very serious light and we worked closely with the SAPS throughout the night to identify and locate the perpetrators who were driving with false number plates.”

With the assistance of the student leadership in one of the residences, the owner of the vehicle and his companion were traced this morning.

The two students were immediately handed to SAPS by the university’s Protection Services and were arrested on charges of attempted murder, assault and driving with false number plates.

In addition to the criminal investigation by the SAPS, the university is also conducting an urgent and formal investigation into the incident.

The university has offered Gwebu full counselling and support until he is fully recovered.

“It is sad and disappointing that, after so much progress with the social transformation of the UFS, such a horrific incident could have occurred. It is pleasing, however, that across the board, all our students condemned these vicious acts. The students, if found guilty in the criminal and institutional investigations, will definitely not be allowed to study at the University of the Free State,” he said.

END

Statement by Dr Willy Nel, Residence Head of Armentum men’s residence

The Residence Head, Residence Committee and all residents of Armentum male residence on the Bloemfontein Campus unequivocally distance themselves from any behaviour which does not breathe the letter and spirit of the University of the Free State's vision of Human Embrace and Academic Excellence. We work tirelessly to upend traditions that are contradicting this vision. Therefore we add our voice to those who condemn the incident in which ex-residents allegedly assaulted a pedestrian who is also a student of our institution. We express our support to and confidence in the university's and other processes to find justice in this matter.

Dr Willy Nel
Residence Head: Armentum



Media release
Lacea Loader (Director: Communication and Brand Management)
Tel: +27(0)51 401 3422
Cell: +27(0)83 645 2454
E-mail: news@ufs.ac.za

 

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