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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.

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Dean of Law appointed for second term as acting judge in the Free State High Court
2017-02-17

Description: Prof Nicholson  Tags: Prof Nicholson

Prof Caroline Nicholson, Dean of the Faculty of Law

The Dean of the Faculty of Law, Prof Caroline Nicholson, has been re-appointed by the Judge President of the Free State High Court, Judge Mahube Molemela, to serve a full term in 2017 as an acting judge. This will be her second term, as she served in the same position in early 2016, and it is such, a testament to her outstanding work. Her re-appointment is a source of pride not only to the University of the Free State, but the city of Bloemfontein, and the region as a whole.

Since taking up the position of Dean in 2015, Prof Nicholson has demonstrated exceptional leadership, and continues to take great strides in developing the Faculty’s internal and external programmes. “I am delighted that the University has facilitated my taking advantage of this opportunity. During this term, I will be exposed to a diversity of legal matters both civil and criminal, some of which I was not exposed to during my previous acting period. The exposure to the practical aspects of the law from the perspective of the Bench will inform my decisions regarding curriculum review and development, at a time when the faculty is actively engaged in ensuring that curriculum content is both relevant and context-appropriate,” said Prof Nicholson.

She adds that her appointment as acting judge will strengthen the Faculty’s positive relationship with the legal profession and, especially with the Bench. It will also benefit the Faculty, its staff and students.  In 2015, the Faculty partnered with the International Association of Women Judges (Free State Chapter), to host a dinner, which will be hosted again this month. The association brought to the fore new ventures into the involvement of women judges in an advisory capacity and sharing of expertise. In 2016, members of the association began to enact this role.

Judge Molemela and Judge Azhar Cachalia of the Supreme Court of Appeal accepted appointments to the Advisory Board of the Free State Centre for Human Rights. Judge Khalipi “Jake” Moloi of the Free State High Court in Bloemfontein, gave trial advocacy tips to teachers, coaching the Schools Moot Court Competition. Prof Nicholson said: “It is hoped that more opportunities will arise to increase interaction between students and the judiciary, both are eager for this to happen. I am also learning a great deal and am once again enjoying the collegial and supportive environment that my colleagues create at the High Court.”

Prof Nicholson holds an LLD from University of South Africa, and has published several research articles in accredited journals, with a special interest in Family Law and children’s rights.

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