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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

Afrikaans speakers should think differently, says Coenie de Villiers
2016-06-08

Description: Coenie de Villiers Tags: Coenie de Villiers

Coenie de Villiers was the speaker at the DF Malherbe
Memorial Lecture, held in the Equitas Building on the
University of the Free State Bloemfontein Campus on
24 May 2016.
Photo: Stephen Collett

Do not ask what can be done for your language, but what your language can do for others. With this adaptation of the late John F. Kennedy’s famous words, Coenie de Villiers stressed that the onus for the survival of their language rests with Afrikaans speakers.

According to the television presenter and singer, the real empowerment of Afrikaans does not necessarily take place in parliament. He was the speaker at the DF Malherbe Memorial Lecture, presented in the Equitas Building on the University of the Free State Bloemfontein Campus on 24 May 2016. The lecture by De Villiers, a UFS alumnus, was titled Is Afrikaans plesierig? ’n Aweregse blik.

Government not the only scapegoat
He used Kennedy’s famous phrase, Ask not what your country can do for you, but what you can do for your country, as framework. “I believe that, if we reverse our sights and do not ask what the world can do for Afrikaans, but ask for a change what Afrikaans – and in particular each and every user thereof – can do for others, then we have, in good English terms, ‘a fighting chance’ that Afrikaans will not only survive, but that it will thrive.” He said it would be too easy to just blame the government’s language policy and/or its lack of application for the language’s uncertainties.

Speakers should act correctly
He said the actions of speakers, sometimes motivated by a love for the language, often causes more damage. “It is not the language that should squirm under the microscope. It isn’t Afrikaans that is being tested: it is us, the speakers, writers, thinkers, doers, and tweeters of the language that are being measured.”
De Villiers believes one should stand up for your language without hesitation or fear, but not necessarily in the middle of the road, and never in such a way that you abandon the moral compass of humanity.

Language will live on

He told the audience that Afrikaans speakers should maintain their language every day with the merit, humanity, and respect that they believe the language – and they themselves – deserve. The language will “live on as long as we use it to laugh, and talk, and sing, and do not kill it off with rules and directives.”

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