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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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News Archive

Faculty of Law establishes unique panel of advisors
2005-11-11

Photo: Stephen Collett

Some of the panel members who attended the Collegium Iurisprudentium of the Faculty of Law at the UFS were from the left His Honorable Judge of Appeal Lex Mpati (Vice-President of the Supreme Court of Appeal), His Honorable Judge of Appeal Joos Hefer (former Chief Justice of South Africa), His Honorable Judge of Appeal Frits Brand (Supreme Court of Appeal) and Mrs Alet Ellis (lecturer at the UFS Faculty of Law).

At the back from left were Prof Johan Henning (Dean: Faculty of Law at the UFS), His Honorable Judge Faan Hancke (High Court of the Free State and chairperson of the UFS Council) and Adv Jannie Lubbe Sc.

The Faculty of Law at the University of the Free State (UFS) has established a panel of advisors comprising of all the honorary and extraordinary professors of the faculty.

“The faculty has been known for its excellent practice-orientated training as well as the involvement of law practitioners in the training of LL B-students,” said Prof Johan Henning, Dean of the Faculty of Law at the UFS.

“The faculty was greatly dependent on the services of advocate lecturers, full-time members of the Bar and Side Bar who lectured on a part-time basis at the faculty.  For this reason lecturing in the faculty was mainly done after-hours to part-time students,” said Prof Henning. 

With the shift in emphasis to full-time lecturing and the appointment of full-time lecturers, especially because of the increasing student numbers, the full-time LL B-programme and the increasing pressure on students for quality research inputs, a greater need for meaningful contributions of judges and senior law practitioners to the faculty was experienced.

“To comply with this urgent need, three honorary professors and nine extraordinary professors were appointed.  This group of experts deliver an indispensable contribution to the practice orientation of the faculty by means of formal lectures, public inaugural lectures and guest lectures, direct lectures to graduate and post-graduate students, participation in research projects and the  constant evaluation of lecturers, modules and the content of modules and learning material. The international exposure of students and lecturers is also promoted by their contribution,” said Prof Henning.
“A need to have the involvement of this special class of professors structured in a more organised way was identified and a decision was made to establish an advisory panel called Collegium Iurisprudentium.  It is a privilege to us that all the honorary and extraordinary professors accepted the invitation,” said Prof  Henning. 

The panel will provide the faculty with continuous, distinguished, practice- orientated capability and capacity as well as international expertise, not only for direct inputs to students but also to advise lecturers about the curriculum, the compilation of the content of the LL B and M module, learning material and others, as well as to strengthen the research capacity of the faculty.

“The panel will also deliver a decisive contribution to the faculty’s preparation for the constitutional audit of the Higher Education Quality Committee (HEQC) of the Council for Higher Education (CHE) that will take place in October 2006,” said Prof Henning. 

The Collegium Iurisprudentium, which has been formally constituted, comprises of:

Appeal Court Judge J J F Hefer,
Appeal Court Judge L Mpati
Appeal Court Judge F D J Brand
Appeal Court Judge I G Farlam
Prof B A K Rider
Judge S P B Hancke
Judge A Kruger
Judge D H van Zyl
Adv S J Naudé
Adv J Lubbe Sc
Prof M M Katz
Prof R J Cook
Mr S van de Merwe
Mr W van der Westhuizen
Mr D C M Gihwala

Media release
Issued by:Lacea Loader
Media Representative
Tel:  (051) 401-2584
Cell:  083 645 2454
E-mail:  loaderl.stg@mail.uovs.ac.za
11 November 2005

 

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