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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

Cohesions and Disruptions Forum
2014-07-15

 
The Institute for Reconciliation and Social Justice at the UFS and the Johannes Stegmann Art Gallery, in partnership with the Vryfees, co-presented an artist and academic forum on 18 July 2014.

The forum, ‘Cohesions and Disruptions: Art as a Key to Transformation’, was aptly timed to coincide with Mandela Day. This event formed part of the transformation strategy of the Vryfees arts festival, aiming to support more diversity and cross-cultural, contemporary art programmes.

“Cohesions and Disruptions is part of the new Program for Innovation in Artform Development (PIKO/PIAD),” said Adri Herbert, Director of the Vryfees. “This includes both the cross-cultural OPENLab 2014, a new Australian/South African laboratory for early and mid-career South African artists, and a partnership with the Australian based SituateArt in Festivals initiative, managed by Salamanca Arts Centre in Hobart, Tasmania.”

The forum’s keynote speaker was Lee-Ann Tjunypa Buckskin. She is a Narungga, Wirangu, Wotjobaluk woman from South Australia and Victoria respectively. She is well known throughout the Aboriginal and Torres Strait Islands and broader arts communities. Buckskin’s presentation was titled ‘Building Young Indigenous People’s Lives through Art and Culture in Remote Central Australia.’

Buckskin spoke broadly about her involvement with youngsters – often poverty stricken and sniffing petrol – in remote areas of Australia. She explained how the arts have given the youth a chance at rehabilitation and hope for the future.

After her presentation, she was joined by Dr Willy Nel, lecturer at the UFS School of Education Studies. Dr Nel completed his PhD among the Khomani San in the Kalahari. 

Other forum speakers who presented their work included:
Dr Mari Velonaki, Director of the Centre for Social Robotics at the National Institute for Experimental Art at the University of New South Wales, Sydney;
Dr Nigel Helyer of Sonic Objects; Sonic Architecture, Sydney;
Bec Dean, Curator at Performance Space, Sydney;
Jesse Olivieri, co-founder of Parachutes for Ladies in Sydney; and
Cigdem Aydemir, Vryfees visual artist for 2014.

“Given the histories and present experiences of human rights violations and racial discrimination that indigenous people in Australia and South Africa are subjected to, we are particularly honoured to have Lee-Ann (Buckskin) as a guest speaker,” said Prof Andre Keet, Director of the UFS Institute for Reconciliation and Social Justice. 


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