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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

Dean of the Faculty of Law delivers farewell lecture
2013-12-04

Prof Johan Henning, Dean of the Faculty of Law at the University of the Free State (UFS), delivered his farewell lecture during an event attended by distinguished guests from law circles in Bloemfontein, staff from the faculty, as well as family and friends.

The topic of his farewell lecture was: From leonine to universal partnerships. This theme was also the focus of his inaugural lecture and his later research. “It was a privilege to have been part of the development of universal partnership law,” Prof Henning said.

During the event, Prof Henning was honoured by colleagues, as well as members of the law profession, for his contribution to the academy. Prof Jonathan Jansen, Vice-Chancellor and Rector of the UFS, thanked Prof Henning for his part in preparing a new generation of academics for the future.

Prof Elizabeth Snyman-Van Deventer from the Department of Mercantile Law, described Prof Henning as someone with an excellent knowledge of history, especially with regard to the Anglo-Boer War and the World Wars. “He is also one of only a few academics of which four postgraduate students became professors. He has lots of empathy with other people and, despite his long list of academic achievements, he is a very humble man. Two of his outstanding characteristics are his humanity and his modesty,” said Prof Snyman-Van Deventer.

Judge Faan Hancke, former chairperson of the UFS Council and Judge of the Supreme Court, said Prof Henning is a multi-faceted person. “He is an incredible academic who has published widely and is the author of several textbooks. He is also editor of a number of journals and serves on the editorial board of several publications. I have great admiration for his academic excellence and his absolute knowledge of partnership law. He is the best in South Africa and is also highly regarded internationally in this aspect of the law (he was, among others, director of the Centre for Comparative Partnership and Company Law at the Institute of Advanced Legal Studies of the University of London). He is the ideal academic, who has achieved the highest rating in his specialist field of Mercantile Law in South Africa, namely a B1 received in 2012, and he is an excellent dean,” Judge Hancke said.

Prof Henning has a long association with the UFS. In 1968 he reported as a first-year student. Later, in 1974, he was appointed in the Department of Mercantile Law on a temporary basis. In 1998 he was appointed as Dean of the Faculty of Law. Some of the highlights in his career include his appointment as African representative of CIDOEC, Jesus College, Cambridge, and becoming the first South African being awarded an honorary fellowship to the Society of Advanced Legal Studies in Brittain, as well as the American Order of the Coif.

Prof Henning will continue his partnership with the university in 2014, acting as dean and continuing his research.

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