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14 October 2020 | Story Nonsindiso Qwabe | Photo Flickr Creative Commons
Former Chief Justice Dikgang Moseneke

With a legal career spanning several decades, former Deputy Justice Dikgang Moseneke painted a picture of the country's legal and political landscape pre- and post-1994 during a webinar session hosted by the Faculty of Law on 7 October 2020. The webinar discussed his new book, All Rise: A Judicial Memoir. The event attracted staff, students, and members of the public who were keen to hear Moseneke – a member of the team that drafted the country’s interim constitution. 

This is his second book, covering his years on the bench, with particular focus on his 15-year term as a judge in South Africa's Constitutional Court, where he rose to the position of Deputy Chief Justice.

Justice Moseneke said his book talks about the political and legal revolution that took place in 1994 when the country moved from a common law jurisdiction to a constitutional jurisdiction. 

"When the constitution came, it made many remarkable changes, and the first of those was to superimpose the constitution on the law that existed at the time. By making the constitution supreme, the message was clear that everything else would have to fall in line with the values of the constitution, and those values were global values around freedom, democracy, equal worth of people," he said. 

He said his multi-layered book is an account of the country's political and legal transition for young people in South Africa and the rest of the continent. 

An ethical framework for the judicial function

"The first of these is just a historical account. What happened, particularly from 1994 to now. The second thing was to say what kind of transition was necessary from the common law jurisdiction to a constitutional jurisdiction, and what was the tensions that emerged, the competing claims for legitimacy; I make it quite clear that the constitution is the most important source of law that we have set in place since 1994. The third layer is telling tales of how the high courts are working, how magistrates’ courts work, how judges are appointed, how they end their service, what they are permitted to do and not to do, and therefore the ethical framework for the judicial function both at magistracy level and at the level of the high courts."

Justice Moseneke donated copies of the book to the faculty as prizes for academic excellence to senior LLB and LLM students. 

" I hope that having read and studied the themes, many people will accept that it is time for all of our excellent people to rise, to find their voice, to find their entitlement, for instance, to demand accountability, openness, good governance, democratic practice, hard work, honesty, and all those wonderful values which go together with our liberation struggle," he said. 

Listen to the webinar podcast here

News Archive

Academics receive award from SA Academy for Science and Art
2009-07-02

 
The South African Academy for Science and Art recently celebrated its centenary year on the Main Campus of the University of the Free State (UFS) in Bloemfontein. Academics involved with the UFS received awards during the academy’s recent awards ceremony. A Centenary Medal was awarded to Prof. François Retief, former Rector and Vice-Chancellor of the UFS, for his achievement in the medical sciences over an extended period. The NT Steyn Medal was awarded to Prof. Andries Stulting from the Department of Ophthalmology at the UFS for achievements in the Technical and Natural Sciences and Prof. Albie van Schalkwyk, formerly from the UFS’s Department of Music, received the Huberte Rupert Prize for Classical Music.

According to Prof. Hennie van Coller, Head of the Department of Afrikaans and Dutch, German and French at the UFS and also Chairperson of the Academy, the centenary celebrations were a highlight in the existence of the academy. “For the first time in years there was a mood of optimism that could not be restrained by any differences between the attendees. Political hatchets were buried and members from different racial groups took hands for the road ahead. The continuous themes were that of excellence, which may not be sacrificed,” he said.

In his address as Chairman, Prof. van Coller emphasised that the specific niche of the Academy (the development of the higher function of Afrikaans) should not limit the organisation to also be involved in Afrikaans at grassroots level (especially rural brown people and suburban white people) who often had to deal with poverty and illiteracy and who battled for survival. The Academy had to act as facilitator and offer its expertise to people like those.

At the awards ceremony of the South African Academy for Science and Art were, from the left: Mr Jaco Jacobs, who received the Elsabe Steenberg Prize for translated Children’s and Youth Literature in Afrikaans, Prof. Hennie van Coller and Prof. François Retief.
Photo: Stephen Collett

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