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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

UFS to get transformation plan for African context
2005-02-04

The University of the Free State is to draft a comprehensive Transformation Plan to give impetus to the process of making the UFS an inclusive, non-racial, non-sexist, multi-cultural and multi-lingual university within the African context.

Delivering a keynote speech at the Official Opening of the UFS today, the Rector and Vice-Chancellor, Prof Frederick Fourie, said the Transformation Plan would include aspects such as employment equity, institutional culture, academic excellence, and other elements.

He added that another aspect to be considered in the academic element of the Transformation Plan was the issue of the African context, of a university for Africa, in Africa, of the African university.

According to Prof Fourie, the best way of understanding the role of the UFS in Africa and for Africa, is for the university to become a truly engaged university that bridges the gap between the institution and the community. He said the UFS had for more than 10 years been at the forefront of transformation in higher education, and had gone through several phases of transformation. However the UFS needed to embark on a new phase of transformation which would be guided by a comprehensive Transformation Plan.

The Transformation Plan would be the result of an inclusive consultation process involving staff, students, alumni and other stakeholders. It would also be based on a review of current policies and practices.
The process would be led by a Transformation Plan Team, co-ordinated by the Vice-Rector: Academic Operations, Prof Teuns Verschoor, and the Vice-Rector: Student Affairs, Dr Ezekiel Moraka.

“Obviously we should also not underestimate the complexities of transformation and of building a new society, given our complex history and the legacies of poverty, underdevelopment, colonialism and apartheid.

“We must consider support for staff involved in these transformation steps, including appropriate staff development, capacity to support transformation processes, as well as flexible and supportive administrative practices,” Prof Fourie said.

He said the UFS management understood the urgency of transformation in the current democratic South Africa and the changing global environment and appealed to staff and students to participate fully in drafting the Transformation Plan for the UFS.

“Transformation at the UFS has been and will continue to be a process with many facets that seek to enhance excellence in all spheres of university life, and is much more than merely ensuring employment equity,” he said.

Prof Fourie said: “We have reached a historic moment in the life of the UFS where innovative thinking and bold steps yet again are necessary because failure is not an option.”

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

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