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15 July 2020

The COVID-19 pandemic has exposed the fracture lines in societies worldwide. South Africa is no different. The poor are less able to protect themselves from the danger posed by the virus. Workers in factories, mines, and the service sector went back to their places of work following the lifting of the strictest lockdown measures, while office workers, typically better paid, can generally work from home. Living conditions in informal settlements make social distancing all but impossible, while the middle class can largely stay at home and stay safe to a much larger extent. With many businesses shutting down, downsizing or rethinking their business models, it is often small and medium, as well as informal sector businesses that are most affected.  

The impact of COVID-19 comes on the back of a society and economy that was already under significant pressure following years of low economic growth and poor government performance. Many commentators have already questioned the social compact South Africans made in the mid-1990s, which marked the end of the apartheid regime. These divisions have become more glaring, with some civil society organisations considering challenging the Minister of Finance’s adjustment budget in the Constitutional Court, because the budget might result in a roll-back of the progressive realisation of the socio-economic rights mandated in the Constitution.

In this first of four webinars, academics from the UFS as well as invited experts reflect on the constitutional commitment South Africans made to one another two and half decades ago. Is it time for a new deal? Should we collectively recommit ourselves to our existing deal? Do we interpret that deal in the same way today as we did more than two decades ago? How does the economic reality we face, particularly in the aftermath of the COVID-19 crisis, affect that deal? What are the economic realities we face, and whose are they? And how should we think about human development in the context of our deal? 

Come and join us from 14:00 to 15:30 on 21 July. 

RSVP to Sibongile Mlotya at MlotyaS@ufs.ac.za no later than 19 July, upon which you will receive a Business for Skype meeting invite.

Speakers:
Prof Danie Brand on ‘New deal’ or collective recommitment? The Constitution under COVID-19 and beyond

Prof Melanie Walker on Human development and the capability approach in COVID-19 times

Prof Lochner Marais on Reflections on continuities and discontinuities after COVID-19

Prof Philippe Burger on Viewing the realisation of socio-economic rights in a post-COVID-19 South Africa through an economic lens

 

Please also mark the following dates in your diaries for the second through fourth Reflection webinars:
Gender Inequalities and Gender-based Violence 28 July 14:00-15:30
The quality of our democracy under COVID-19 and beyond 13 August 14:00-15:30
Urban living post-COVID-19 27 August 14:00-15:30

News Archive

SA must appoint competent judges
2009-05-08

 

At the inaugural lecture are, from the left: Prof. Teuns Verschoor, Acting Rector of the UFS, Judge Farlam and Prof. Johan Henning, Dean of the Faculty of Law at the UFS.

Supreme Court of Appeal Judge Ian Farlam has called on the South African government to appoint and continue to appoint competent, fair and experienced judicial officers to sit in the country’s courts.

He also emphasised the need to have an efficient and highly respected appellate division, which rightly enjoys the confidence of all.

Judge Farlam was speaking at the University of the Free State (UFS) where he delivered his inaugural lecture as Extraordinary Professor in Roman Law, Legal History and Comparative Law in the Faculty of Law.

He said there were important lessons that emanated from the study of legal history in the Free State, particularly including the lesson that there were courageous jurists who spoke up for what they believed to be right, and a legislature who listened and did the right thing when required.

“This is part of our South African heritage which is largely forgotten – even by those whose predecessors were directly responsible for it. It is something which they and the rest of us can remember with pride,” Judge Farlam said.

Addressing the topic, Cox and Constitutionalism: Aspects of Free State Legal History, Judge Farlam used the murder trial of Charles Cox, who was accused of killing his wife and both daughters, to illustrate several key points of legal history.

Cox was eventually found guilty and executed, however, the trial caused a deep rift between the Afrikaans and English speaking communities in the Free State.

Judge Farlam also emphasised that the Free State Constitution embodied the principle of constitutionalism, with the result that the Free State was a state where the Constitution and not the legislature was sovereign. He said it was unfortunate that this valuable principle was eliminated in the Free State after the Boer War and said that it took 94 years before it was reinstated.

Judge Farlam added, “Who knows what suffering and tragedy might not have been avoided if, instead of the Westminster system, which was patently unsuited to South African conditions, we had gone into Union in 1910 with what one can describe as the better Trekker tradition, the tradition of constitutionalism that the wise burghers of the Free State chose in 1854 to take over into their Constitution from what we would call today the constitutional best practice of their time?”

Media Release
Issued by: Lacea Loader
Assistant Director: Media Liaison 
Tel: 051 401 2584 
Cell: 083 645 2454 
E-mail: loaderl.stg@ufs.ac.za
8 May 2009
             

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