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27 April 2021 | Story Prof Sethulego Matebesi | Photo Sonia Small
Prof Matabesi
Prof Sethulego Matebesi is a Senior Lecturer and Academic Head of the Department of Sociology at the University of the Free State.

This year’s Freedom Day marks an important milestone in the history of South Africa. It will be 27 years since the first non-racial elections were held in the country, a figure that equals the number of years Nelson Mandela spent in prison.

If equating Mandela with the freedom we enjoy today is not already disingenuous enough, we sunk even lower by assuming that we are close to achieving the civil liberties he embodied. You do not have to go further than read the daily media headlines to understand the extent of the onslaught on the pillars of democracy. That this onslaught comes from political leaders is one of the main reasons why most South Africans are disillusioned with politics, democracy and social issues.

Anarchy wreaking havoc in weak societies

Sociology taught me about the relevance of institutions to a social structure: they control human conduct by setting up predefined behaviour patterns. For example, throughout history anarchy has wreaked havoc in settings where organisations are weak, fragmented, and the citizenry is inactive. Similarly, while peace, unity, and the preservation and the restoration of human dignity are the hallmarks of Freedom Day celebrations, we have become a nation increasingly influenced by symbolic politics and the politics of offence.

It would be hard to find a better example of a significant threat to the pillars of democracy than the widespread onslaught on the judiciary. At the heart of the broader political, legal, and moral issues confronting SA today is how the right of all to equal respect and equal protection under the law has been compromised. Casting doubt about the independence of the judiciary conceals the motivations that most endanger the principles of freedom and equality.

My stance is not aimed at muting the expression of unpopular opinions – a basic tenet of democracy. However, we need to be mindful of events that have and will become powerfully symbolic in altering the nation’s social fabric.

Freedom under attack by populist politics

Any societal change requires some form of flexibility. No doubt, the first decade of democracy was accompanied by hope and the euphoria of the Rainbow Nation. This period demonstrated how different racial groups could live together in harmony, play together, and attend the same school without being required to forsake values they hold dear. This period was punctured by notions of active citizenship and the promotion of democratic cooperation that is based on the acceptance of universal human rights and the rule of law and values of diversity.

While millions of people elsewhere in the world have been forced to flee hunger, war, terrorism, and emboldened autocrats in their countries of birth, the euphoric wave of the Mandela years has, unwittingly and dramatically, worn off during the past decade in South Africa. This turn of events is linked to populist politics that seriously compromise democratic institutions in the country.

In my opinion, there are no heroes in situations like these.

In a country characterised by rampant corruption, violent crime, gender-based violence, human trafficking, racial intolerance, and teenage drug abuse, are politicians the only ones to be blamed for the threats to democracy?

Conquering immorality and safeguarding our freedom

Despite all the challenges we face as a country, we remain a remarkably resilient nation, as is widely acknowledged. This resilience is echoed by how we have navigated our way around a highly divisive and intolerant society to embrace and celebrate our rich and vibrant cultural heritage.

Nevertheless, we have become complacent. We have been vocal against any narrative aimed at restricting our legal, religious, human, civil, economic and political rights. Yet, partly due to our collective inaction, we have failed to use the means to provide a compelling counter-narrative of resistance to the manipulation of state institutions and broader immorality permeating society. This inaction affects the lives and livelihoods of millions of those who do not have the organisational capacity and means to advocate for the causes that affect them.

Let us use this year’s historic Freedom Day celebrations to demonstrate our firm resolve to protect the critical pillars of democracy from further exploitation. This kind of collective responsibility is what South Africa has always been about. Only when our government at all levels, the private sector, and concerned citizens across the country begin a critical partnership and commitment to maintain our democratic institutions and processes that our past losses as a nation become gains and defeats become triumphs.

* Prof Sethulego Matebesi works on all current affairs such as political and social issues. More specifically, he focuses on social movements and protests, community-mining company conflict, and local municipal governance.

News Archive

Faculty of Law congratulated on 100 years of Iurisprudentia
2009-11-05

Prof. Johan Henning, Dean of the Faculty of Law at the UFS and Prof. Barry Rider from the Jesus College at the University of Cambridge in the UK.
Photo: Stephen Collett

This year the Faculty of Law at the University of the Free State (UFS) is celebrating a century of excellence in legal education under the theme “Iurisprudentia 100”. A number of prominent leaders in the international legal arena congratulated the faculty on this milestone achievement.

Prof. Harry Rajak, Emeritus Professor from the Sussex Law School at the University of Sussex in the United Kingdom communicated his heartiest congratulations to the faculty. “It has been my great privilege and pleasure to have had, for many years now, a close association with the Faculty of Law of the UFS. I have enjoyed several visits to the Law Faculty, during which I have benefited enormously from the vibrant intellectual, scholarly and extremely friendly atmosphere which you have all created, as well as from the enthusiasm and intelligence of your students. I look forward to the continuation for many more years of this important and fruitful connection,” he said.

Prof. Barry Rider from the Institute of Advanced Legal Studies at the Jesus College at Cambridge University in the UK also congratulated and expressed his admiration towards the faculty. “The reputation for excellence in the teaching of law and in its scholarly research that your faculty has attained both in the Republic and internationally is a testament to the outstanding efforts and commitment of so many generations of scholars in Bloemfontein. I have been extraordinarily privileged to be associated with your faculty. The achievements of your faculty are truly impressive,” he said.

The faculty also received wishes of congratulations from Prof. Thomas Hurst, Research Scholar and Professor of Law from the Levin College of Law at the University of Florida in the United States of America. “The UFS has established itself as a world renowned leader in legal education,” he said.

Mr Anton Trichardt from Londsdale Chambers, Melbourne Australia also conveyed his best wishes to the faculty. “Your Faculty of Law has indeed been an example of excellence in legal education, training and research. The Centre for Business Law and its monograph series has been an unrivalled trend-setter in law,” he said.

Old Mutual also conveyed its wishes of congratulations.
 

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