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12 October 2022 | Story Dr Nitha Ramnath

Constitutional Democracy, Corruption, and Leadership – Where to South Africa? 

The University of the Free State (UFS) and the South African Chamber of Commerce United Kingdom (SACC UK) are pleased to present a discussion on the state of South Africa through the lens of its constitution, its educators, and its state of corruption.  As part of the Global Citizen Webinar Series, world-renowned leading legal expert, Judge Albert ‘Albie’ Sachs, will join UFS Rector and Vice-Chancellor, Prof Francis Petersen, and SACC UK Chairperson, Sharon Constancon, in a conversation on the notion of a constitutional democracy, and what role the law, and universities as educators of leaders play, and should play, in addressing corruption.  The discussion will explore approaches to leverage the strengths and potential still inherent among South Africans and its international diaspora, to set the country on a promising trajectory and regain much-needed confidence.


Date: Tuesday 18 October 2022
Time: 12:00-13:00 BST / 13:00-14:00 SAST
Biography of Justice Albie Sachs
Former Constitutional Court Judge, anti-apartheid activist and writer, Justice Albie Sachs worked tirelessly as an African National Congress activist to end apartheid, sustaining debilitating personal injury in the process.   He was a key player in writing the Constitution of South Africa – one of the most progressive in the world, and one that met with high acclaim internationally when it took effect on 4 February 1997.  Human rights and the separation between the judiciary and parliament were given high prominence, heralding the opportunity to create – through the checks and balances inherent in government by constitutional democracy – a robust and flourishing state.  Justice Sachs is the author of several books, including The Jail Diary of Albie Sachs, Justice in South Africa, Sexism and the Law, The Soft Vengeance of a Freedom Fighter, and The Strange Alchemy of Life and Law. His latest books are We, the People: Insights of an activist judge (2016) and Oliver Tambo’s Dream (2017). Justice Sachs is a board member of the Constitution Hill Trust, which promotes constitutionalism and the rule of law, and he continues to share the experiences of South Africa with a view to building divided societies. Justice Sachs is the recent recipient of the Lifetime Achievement Award in Pursuit of Justice from the Clooney Foundation for Justice.

News Archive

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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