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23 September 2020 | Story Rulanzen Martin
Prof Mongane Wally Serote said South Africa was created with people from all over who made this their home.

The Centre for Gender and Africa Studies (CGAS) prides itself in creating spaces for intellectual discourse. This was illustrated in a Heritage Day lecture webinar presented by National Poet Laureate, Prof Mongane Wally Serote. The lecture was in collaboration with the University of the Western Cape (UWC) and the Department of Sports, Arts and Culture.

The lecture took place on 23 September 2020. Dr Stephanie Cawood, director of CGAS was the programme director. 

Diversity is our biggest heritage

Prof Serote presented the webinar under the theme Going to Basics: The Reconstruction and Development Programme of the Source. “As South Africans, we came from everywhere and created a home here –- we are the microcosm of the world,” Prof Serote said as he started his lecture. He also said that diversity is the biggest heritage the country has, and that it is a cultural expression emanating from our most complex and difficult history.

The Constitution of our country is a piece of valuable evidence in the commitment to overcome our historical adversities. “Understanding our history seeks to persuade us as a nation, and to understand that change, is constant in the dynamism and dialectics of time,” said Prof Serote. He explained this by saying that, as a nation, we must become masters of knowledge of the constant systems of change and the management thereof.

“Since the outbreak of the coronavirus pandemic, we have quickly arrived at making fundamental changes and transformation,” he said. This is because the world is changing dramatically and very fast. “The biggest and most important lesson is that we dare not forget that humanity is one,” he said.

Social cohesion and nation building a shared responsibility 

As much as the webinar commemorated Heritage Day, it was also a poignant reminder of the role that universities have to place in society at large. “We at the UFS pride ourselves on providing space for debates. This is what we are hosting here today,” said Dr Chitja Twala, Vice-Dean of the Faculty of the Humanities at the UFS.  Dr Twala also said that Heritage Day is one of the milestone days on which “Africans pride themselves”.

The Deputy Minister of Sports, Arts and Culture, Nocawe Noncedo Mafu, referred to Dr Twala’s sentiment, saying that events such as these should be hosted “to foster social cohesion and nation building, which cannot succeed if it remains a project solely and exclusively owned by government”.  Deputy Minister Mafu reiterated that social cohesion and nation building should be a concern for the rest of the society. “I am therefore thrilled with this lecture and notably the partnership with the two universities," she said.

The national theme for Heritage Month 2020 is ‘Celebrating South Africa’s Living Legends.’

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Wrongful suffering must be compensated, Prof Johann Neethling argues
2016-04-20

Description: Prof Johan Neethling, wrongful suffering must be compensated Tags: Prof Johan Neethling, wrongful suffering must be compensated

From the left are Prof Jonathan Jansen, Vice-Chancellor and Rector, Prof Caroline Nicholson, Dean of the Faculty of Law, Prof Neethling, Prof Rita-Marie Jansen, Vice-Dean, and Dr Brand Claassen, Head of the Department of Private Law.
Photos: Stephen Collett

On 11 April, the Faculty of Law held the first of the year’s series of Prestige Lectures presented by Prof Johann Neethling, Senior Professor in the Department of Private Law.  The event was attended by senior faculty members, the Dean of Law Prof, Caroline Nicholson, and the Vice-Chancellor and Rector, Prof Jonathan Jansen.

In his opening remarks, Prof Jansen said “Prestige lectures are at the heart of a university’s academic endeavour. It would serve the university community well to present them more often, as they go to the heart of important issues that affect society”

Prof Neethling made a compelling case for compensation for wrongful suffering by a child born with impairments. Since the mid-1960s, the actions of wrongful conception and wrongful birth have been recognised in South African law. Wrongful conception is defined as when a healthy child is born as a result of failed sterilisation or abortion, and wrongful birth is when a doctor fails to inform parents of a disability before the birth of their child.

“The reality is that a child born with impairments may indeed suffer (sometimes extreme) pain, loss of amenities of life, which would justify an award of damages,” he said.

So far, the action for wrongful suffering has been dismissed by the High Court and the Supreme Court of Appeal. However, he highlighted several cases where wrongful conception and wrongful birth was recognised by the courts.

“Why can the same approach (for wrongful conception and wrongful birth) not be followed in wrongful suffering claims by accepting that a disabled child seeks to address the consequences of its birth?” he asked.

Prof Neethling is regarded as one of the greatest minds in Private Law, not only in South Africa but in the African continent.

A festschrift, Essays in Honour of Johann Neethling (2015), with contributions from more than 50 of his peers around the world, was also launched at the lecture.

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