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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

Internationally acclaimed academic applauded on Africa Day
2011-06-02

 
 Prof. Ali Mazrui, an internationally acclaimed and renowned academic.

One of the world’s top academics was given a warm welcome in the rather cold Free State recently.

Prof. Ali Mazrui, an internationally acclaimed and renowned academic, visited us as part of our Africa Day celebrations as arranged by the Centre for Africa Studies. He delivered a keynote address, entitled ‘Pro-democracy uprisings in an African experience: from Sharpeville to Benghazi.’

A festive atmosphere and the sound of drums welcomed this intellectual giant as well as other delegates upon their arrival at the CR Swart Auditorium on our Bloemfontein Campus. Some of the delegates who attended the Africa Day Celebrations, included: Mr Tom Amolo, High Commissioner from the Republic of Kenya; Mr Dan Kgothule, MEC of Arts and Culture in the province; Prof. Jeff and Dr Carla Ramsdell, visitors from America; Dr Allan Boesak and Prof. Nicky Morgan, Vice-Rector: Operations.

Prof. Frederick Fourie, former Vice-Chancellor and Rector of our university, also attended the celebrations, as did some scholars from neighboring schools.

Welcoming Prof. Mazrui, Prof. Jonathan Jansen, Vice-Chancellor and Rector of our university, quipped that he was relieved the world had not ended the previous weekend as was predicted, because he was looking forward to listening to such a renowned intellectual.

Prof. Lucius Botes, Dean of Humanities, followed Prof. Jansen at the podium. He said the ability to go from following a bridging course to being one of the top 100 intellectuals in the world, indeed distinguishes Prof. Mazrui as an exceptional academic. This intellectual is, among others, an Albert Luthuli Professor at the University of Jos, Nigeria and Andrew D. Professor Emeritus and Senior Scholar in Africana Studies at Cornell University.

In his introduction, Prof. Mazrui said he feels honored and flattered by this opportunity. He proceeded by referring to the history of Africa Day and added that he would rather prefer an Africa Week to an Africa Day to ensure that everybody has the opportunity to celebrate the continent.

He sang the praises of South Africa, as almost every other African country which attained liberation from European colonial rule in the 20th century, has been unable to maintain its democratic order beyond its first decade of independence.

“The Republic of South Africa, on the other hand, liberated Nelson Mandela in 1990, held its first democratic election in 1994, and already has its third president. Nearly two decades after Apartheid, South Africa has not outlawed opposition parties, or experienced a military coup, or permitted the Head of State to govern the country as a dictator.”

In his speech he compared the uprisings in Sharpeville during 1960 and Soweto during 1976 with the more recent pro-democracy uprisings in North Africa, based on the role that weapons and the lack thereof, as well as the youth and women played in the respective cases.

He concluded by saying the uprisings in Tunisia and Egypt have already resulted in ousting dictators who had been entrenched in power for decades, adding that in Libya a third dictator’s future is on the line. “Never in the history of the Arabs have there been so many popular uprisings which seem to be inspired neither by Islam nor by anti-imperialism, but in the quest for liberal reforms. Half a century earlier in Sharpeville and Soweto, South Africans experienced their own political awakening.”

Prof. Kwandiwe Kondlo, Director of the Centre for Africa Studies, closed the event with a word of thanks to the American academic and his wife, guests and attendees. He said discussions prior to the event revealed that more research has to be done regarding gender issues on the continent.

Prof. Mazrui also participated in conversations at the institute and a media briefing which was hosted earlier the day.

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