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16 October 2020 | Story Andre Damons | Photo Supplied
Prof Thuli Madonsela; Mr Moeletsi Mbeki; Prof Philippe Burger; and Prof Bonang Mohale, were the panellists on Thursdays during the third discussion in the 2020 University of the Free State (UFS) Thought-Leader Webinar Series.

South Africa should not wait until corrupt leaders have been found guilty in a criminal court, they should be removed from power because they are unethical. This is what the constitution says. 

This is according to Prof Thuli Madonsela, Law Trust Chair in Social Justice at Stellenbosch University and one of Thursday’s (15 October 2020) panellist during the third discussion in the 2020 University of the Free State (UFS) Thought-Leader Webinar Series, themed 'Post-COVID-19, Post-Crisis', which focused on politics in South Africa.

The other panellists included Mr Moeletsi Mbeki, Deputy Chairman of the South African Institute of International Affairs, Prof Philippe Burger, UFS Pro-Vice-Chancellor: Poverty, Inequality and Economic Development, and Prof Bonang Mohale, Chairman: Bidvest Group and Chancellor of the UFS.

Social justice is important

According to Prof Madonsela, social justice is important if South Africa wants to make progress regarding corruption. The corrupt are now mobilising the very people from whom they have stolen to support them. They are using the fact that good governance is not affecting the poor or disrupting inequality, and they are even the scapegoats for good governance cementing the inequality of the past, she said.

“If we want South Africa to do better using the opportunities presented by COVID-19, we will have to do better on three fronts: social justice, ethical governance, and rule of law. We have to stop saying that we are going to deal with people and remove them from power once they have been found guilty in a criminal court.” 

“We have to remove them when they are unethical, because that’s what the constitution says.  When it comes to the rule of law, we have to make sure that we adapt our law to the challenges of the times so that people don’t get away on technicalities. Above all, we must use social justice as a means of growing as a country, as a people, to achieve sustainable development,” said Prof Madonsela.

We replaced the good guys with the bad

Prof Mohale said a bigger issue that South Africans are confronted with today, is that we have been warned about this by other African compatriots – we have been warned that the ruling ANC will do what other ruling parties have done in other African countries. 

“South Africa needs a viable opposition to keep the good guys in check. We made our own mistakes as South Africans and we assumed that because our leaders spent years on Robben Island, they were incorruptible, that they will make good leaders. We also thought that we could extrapolate their skills into running a modern, rapidly growing, globalising economy.”

“What is being revealed in the Zondo Commission shows not only a high level of incompetence, industrial scale looting, but that we have actually replaced the good guys with the bad guys,” said Prof Mohale.

According to him, we will only start believing that this government is serious when the state capture miscreants are sent to jail and when the country embarks on a much-needed systemic, deep structural reform, coupled with reducing the public sector wage bill. We need to continue to focus on not fixing the SOEs. 

“If we don’t grow the economy, we will talk about redistribution of poverty and not redistribution of wealth. We need to create jobs in large numbers.”

Mr Mbeki said COVID-19 reduced the resources that are already scarce. “That is where the crisis comes in. COVID-19 reduces the resources and it creates a crisis within the coalition, because now all of a sudden they have fewer resources, they didn’t have time to adjust how they are going to distribute this resources among themselves, let alone among the broader society.”

Investments needed

According to Prof Burger, urban growth is set to increase by 2035, which will lead to a need for investment in the growth and development of urban areas. The growth plan must be green, with plans for urban infrastructure to contain the growing urban population.

“The question is who will finance it – government cannot finance it due to the huge wage bill which it needs to cut. If government cannot finance it, then there will be the need for private investment – for this to occur, the growth plan needs to be specific.” 

“There is also the increasing need for investment; private sector investment must increase, the growth plan must include details of how stumbling blocks facing the country will be removed, and more details are needed on who will do what, by when, and at what cost.”


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Faculty of Law congratulated on 100 years of Iurisprudentia
2009-11-05

Prof. Johan Henning, Dean of the Faculty of Law at the UFS and Prof. Barry Rider from the Jesus College at the University of Cambridge in the UK.
Photo: Stephen Collett

This year the Faculty of Law at the University of the Free State (UFS) is celebrating a century of excellence in legal education under the theme “Iurisprudentia 100”. A number of prominent leaders in the international legal arena congratulated the faculty on this milestone achievement.

Prof. Harry Rajak, Emeritus Professor from the Sussex Law School at the University of Sussex in the United Kingdom communicated his heartiest congratulations to the faculty. “It has been my great privilege and pleasure to have had, for many years now, a close association with the Faculty of Law of the UFS. I have enjoyed several visits to the Law Faculty, during which I have benefited enormously from the vibrant intellectual, scholarly and extremely friendly atmosphere which you have all created, as well as from the enthusiasm and intelligence of your students. I look forward to the continuation for many more years of this important and fruitful connection,” he said.

Prof. Barry Rider from the Institute of Advanced Legal Studies at the Jesus College at Cambridge University in the UK also congratulated and expressed his admiration towards the faculty. “The reputation for excellence in the teaching of law and in its scholarly research that your faculty has attained both in the Republic and internationally is a testament to the outstanding efforts and commitment of so many generations of scholars in Bloemfontein. I have been extraordinarily privileged to be associated with your faculty. The achievements of your faculty are truly impressive,” he said.

The faculty also received wishes of congratulations from Prof. Thomas Hurst, Research Scholar and Professor of Law from the Levin College of Law at the University of Florida in the United States of America. “The UFS has established itself as a world renowned leader in legal education,” he said.

Mr Anton Trichardt from Londsdale Chambers, Melbourne Australia also conveyed his best wishes to the faculty. “Your Faculty of Law has indeed been an example of excellence in legal education, training and research. The Centre for Business Law and its monograph series has been an unrivalled trend-setter in law,” he said.

Old Mutual also conveyed its wishes of congratulations.
 

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