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29 March 2021
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1. Its support of and confidence in the leadership of the Rector and Vice-Chancellor of the UFS, Prof Francis Petersen and his team, and duly recognises the efforts and results achieved at the University during the challenges posed by the COVID-19 pandemic, as well as the current nationwide student protest on the payment of student debt.
2. In this context, the Council also distances itself and deplores the statements made by the leadership of the
Institutional Student Representative Council (ISRC), on national television on Monday 15 March 2021, as it pertained to the demand for the immediate resignation of the Rector and Vice-Chancellor, and the statements pertaining to the Chancellor, Prof Bonang Mohale, and Chairperson of the Council, Dr Willem Louw. The Council notes that Mr Katleho Lechoo, President of the ISRC subsequently retracted the utterances.
3. The Council strongly affirms its confidence in the relationship between the leadership of the UFS and the ISRC and expresses its appreciation for the University leadership’s commitment to continuously engage with students about matters of concern to them. The Council furthermore encourages positive and constructive engagement by the ISRC with the University leadership, as this contributes to shared-understanding of the challenges faced by the South African higher education sector and the governance of the UFS.
Democracy and traditional leadership in rural areas explored
2017-09-22
Prof Lungisile Ntsebeza, recipient of the NRF Hamilton
Naki Award
Photo: Supplied
The Free State Centre for Human Rights held a presentation by Prof Lungisile Ntsebeza on 7 September 2017 at the University of the Free State (UFS) Bloemfontein Campus on the topic of democracy and traditional leadership in rural areas. Prof Ntsebeza is the holder of the AC Jordan Chair in African Studies at the University of Cape Town and the holder of the National Research Foundation (NRF) Research Chair in Land Reform and Democracy in South Africa.
Conflict between democracy and traditional rule
The topic of democracy and traditional leadership in the rural areas is an example of the tension between democracy and customary law governing the appointment of traditional leaders (headmen) that is currently at play in many parts of the country. Prof Ntsebeza made reference to a court case in the Eastern Cape, where a community successfully challenged the appointment of a headman by the royal family of the area. The contention was whether royal families could appoint headmen in rural communities or if those communities ought to democratically elect their own leaders. He argued that in this specific case, the democratic imperatives of the Constitution did not conflict with customary law because of the particular communal practice of electing leaders.
The Constitution and customary law
The Constitution of South Africa recognises customary law provisions which are not in conflict with its fundamental values. Difficult legitimacy problems may arise where customary practices are different from those governing this particular case. Ultimately the Constitutional Court would be called upon to resolve inherent tensions and develop customary law in line with the direction foreseen in the Constitution.
Student engagement as a vehicle for change
The event was attended by UFS staff and fourth-year LLB students in the Faculty of Law, and was funded by the Free State Centre for Human Rights at UFS. The programme is one of several that the centre seeks to utilise in engaging students with researchers and scholars in the field of law and human rights. Prof Ntsebeza has given academic presentations on various related and trending topics in the current academic climate, such as decolonising the curriculum, Cecil John Rhodes and others. He was recently awarded the Hamilton Naki Award at the 2017 National Research Foundation Awards.