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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

Vishuis secure fifth Varsity Cup title and seventh for UFS
2017-04-21

Description: Vishuis Varsity Cup Tags: Vishuis Varsity Cup

Wian van der Watt scored a try for Vishuis
during the Koshuis final of the Varsity Cup
against Patria. The centre was also crowned
Player of the Tournament in the residence
league.
Photo: Christiaan Kotze/SASPA


The right attitude, a special group of players, and pride to represent their residence. According to Stephen Botha, Vishuis rugby captain, these were the ingredients for his team’s Varsity Cup success as they claimed a fifth national title.

The residence on the Bloemfontein Campus of the University of the Free State (UFS) was crowned Koshuis Champions of the Varsity Cup for a second consecutive year. In a repeat of last year’s final, they beat Patria from Pukke (25-10) on 17 April 2017 in Pretoria.
    
University continues national supremacy
Abraham Fischer not only staked its claim again as the most successful residence rugby team in South Africa, but also continued the supremacy of the UFS. The university has been national champions seven out of the ten years of the tournament. Armentum and Legatum were also champions.

“I always say that whoever wins the final of the residence league here, will probably win the Varsity Cup,” Botha says.

Team prepared for finals rugby
He attributes the success to his team’s positive attitude. “Even when we were doing fitness, the guys never complained and never asked how much more we have to do. They just did it."

“I always say that whoever
wins the final of the residence
league here, will probably win
the Varsity Cup,” Botha says.

Vishuis never seemed under too much pressure in the final. Their forwards laid a solid foundation, having the upper hand in the scrums, line-outs, and driving mauls. Although Vishuis is renowned for running rugby, Botha says his team prepared for finals rugby. “We decided to stick to the basics and not to play too risky.”

However, they lost their last league match against Sonop from Tukkies (21-23). Botha agrees that it might have been the right thing before the final. “Like I always say: ‘Every setback is a set up for a great comeback’”.

•    Vishuis centre Wian van der Watt was chosen as the Koshuis Player of the Tournament, while two Shimla flankers, Daniel Maartens and Phumzile Maqondwana, were included in the Varsity Cup Dream Team.

 

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