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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

The challenges of local governance highlighted at the JN Boshoff Memorial lecture
2014-08-26

 

Mr Kopung Ralikontsane
Photo: Jerry Mokoroane

The annual JN Boshoff memorial lecture was hosted by the Faculty of Economics and Management Sciences in conjunction with the Department of Public Management on 21 August 2014. Mr Kopung Ralikontsane, Director-general of the Free State Provincial Government, presented the keynote address, ‘Challenges Facing Local Government in Service Delivery’.

In his opening remarks, Mr Ralikontsane gave the background of the South African municipal structures, the legal framework within which they operate and the challenges they are currently facing. He added that “local government is a sphere at the coalface of service delivery and if this sphere fails, South Africa would have failed to be a developmental state.”

He said the Free State provincial government has made great strides in developing local communities, with millions of rands invested in various development projects such as water and sanitation, electrification, roads and storm water structures, community facilities and solid waste disposal.

Local government is still faced with other challenges, though. He pointed out that public employees are subject to greater scrutiny and increased demands from citizens. As a result, they have to provide better services, but within stricter limits on resources. Conflict arises due to changing relationships between public servants and citizens, downsizing, restructuring and contracting out of government services and activities.

Despite the various structures implemented by local government, municipalities are serving an ever-growing population in an economic decline. Regulations have been put into place to devise credible Integrated Development Plans (IDPs) to improve municipal infrastructure, build competent management teams and strong operations and increase technical capacity for effective delivery of services.

Mr Ralikontsane invited students to join local government in crafting innovative solutions. “We know the problem, but we need to encourage you to join forces with your local government and tackle them.”

Mr Kopung Ralikontsane has served in local government for two decades and also serves as Head of Administration of the Free State Government and as Cabinet Secretary.


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