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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

Prof Beatri Kruger conducts research on modern-day slavery
2014-12-12

 

Representatives of the US Embassy in South Africa and other stakeholders gathered in Bloemfontein in November 2014.
From the left are: San Reddy and Chad Wessen from the US Embassy, Prof Beatri Kruger, and Palesa Mafisa, Chairperson of the Kovsie National Freedom Network.

Human trafficking is a multi-billion dollar ‘business’ with daunting challenges because of the uniqueness and complexities involved in the crime, says Prof Beatri Kruger, ex-prosecutor and lecturer in Criminal Law in the Faculty of Law.

Prof Kruger’s on-going research concentrates on whether South Africa’s legal efforts to combat human trafficking complies with international standards set out in the United Nations Trafficking Protocol of 2000 and other relevant international treaties.

Since the completion of her studies, the Prevention and Combatting of Trafficking in Persons Act of 2013 was passed in Parliament, but needs to be promulgated. This means South Africa is still a long way from complying with the UN protocol. A delegation of the US Embassy in South Africa recently visited the Faculty of Law on the Bloemfontein Campus. The purpose of their visit was to gain information for the US Department of State’s comprehensive 2015 report on trafficking in persons.

Prof Kruger’s current research focuses on the new legislation in collaboration with other national and international stakeholders. One of the focus areas is how traffickers control their victims. This research enhances the understanding of why victims often do not seek help, do not want to be ‘rescued’ and why they return to the very traffickers who have brutally exploited them.

The recently released Global Slavery Index 2014 estimates that 36 million people are living as slaves worldwide and that 106 000 of them are in South Africa. This report states that ‘modern slavery’ includes human trafficking, forced labour, forced marriage, debt bondage and the sale of children. The International Labour Organization estimates the illicit profits of forced labour to be US $150 billion a year.

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