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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

Student leaders reflect on post-Holocaust Germany and make connections to post-apartheid SA in study tour
2015-12-08

Njabulo Mabaso
Photo: Sam Styrax

“Our beloved South Africa (SA) has done quite a lot insofar as policy formulation to address the past imbalances is concerned. However, implementation has proven to be the biggest challenge.”

This is the view held by Nkosinathi Tshabalala, former Student Representative Council (SRC): Religious Affairs at Qwaqwa Campus of the University of the Free State (UFS), who was part of the Global Leadership Study Tour.

From 14 - 22 November 2015, a cohort of 37 outgoing SRC members studied through tours and seminars in Germany and Poland. The historical education trip was organised jointly by UFS Rector and Vice-Chancellor, Prof Jonathan Jansen, and the Student Affairs office. The study tour was supported and facilitated by the Johannesburg Holocaust and Genocide Centre.

Tshabalala added: “We know the thinking behind the likes of Reconstruction and Development Programme and the Truth and Reconciliation Commission, to mention only two. But what have these done to close the gap between the rich and the poor? What have they done to encourage proper and complete reconciliation? Germany paid for the damages which came as a result of the Holocaust, and it is time that we do the same.”

Mosa Leteane, former SRC President of the Bloemfontein Campus, echoed Tshabalala’s sentiments as they relate to the SA experience. “In light of the Rhodes Must Fall movement, one of the things that the youth was looking at were the symbols, what symbols mean, how symbols works as part of reparation and redress in a country that has come from a tragic past,” she said.

Leteane identified similarities between how our country and the two European nations have confronted the issue of trans-generational trauma and the reconciliation process, albeit in significantly differing circumstances.

“Within the first 20 years or so, it was almost like SA. Nobody wanted to talk about it, people just wanted to build the country.” Nonetheless, “the memorialisation and commemoration happened only for the last 20 years or so,” added Leteane.

Transformation of the European political, environmental, and social landscape took place only when students and the second generation began to challenge the status quo, and to lobby for transformation through the erection of memorials and monuments. Owing to the courage of the young generation, those countries were able to take meaningful steps towards transformation through an accurate narration and commemoration of history, which is a key factor in reconciliation.

Our students had the opportunity to conduct a comparative study of post-Holocaust Germany and post-apartheid South Africa in terms of how government and universities dealt with trans-generational trauma.

By being exposed to remnants of what used to be sites such as the Auschwitz-Birkenau concentration camp memorial in Poland, the young leaders were encouraged to continue their attempt at nation building and advance transformation and reconciliation.


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