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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

Political scientist address Maritime Security Africa 2009 Conference
2009-10-29

 
Prof. Theo Neethling from the Department of Political Science was recently invited to address the Maritime Security Africa 2009 Conference on the issues of piracy on the eastern coast of Africa held in Cape Town on 13 and 14 October 2009. The event brought together maritime professionals, naval personnel and academics from all over the international community.

Prof. Neethling’s paper was entitled Piracy on the eastern coast of Africa: A Political Science perspective. His paper examined the fact that growing activities of piracy in the Gulf of Aden and off the Horn of Africa have increasingly threatened maritime security on the eastern coast of Africa. Prof. Neethling pointed out that, considering the fact that a very high volume of the world’s global trade moves by water, piracy is corrosive to political and social development in Africa and further afield. To this end, he explored several maritime endeavours that were launched in recent times by relevant governmental, intergovernmental and nongovernmental role players in the context of global governance. Prof. Neethling argued that piracy should be tackled in a way that combines naval action against the pirates at sea with measures to restore law and order, political processes and economic activity in Somalia. Generally, piracy often occurs when there is poverty and a weak or non-existent government. After all, insecurity on land eventually causes maritime insecurity – as is clear from the case of Somalia.
Photo: Supplied

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