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26 October 2022 | Story Leonie Bolleurs | Photo Supplied
Dr Carol Chi Ngang
Dr Carol Chi Ngang, a category C2-rated researcher and research fellow in the UFS Free State Centre for Human Rights, has been appointed as the UNDP Human Rights Research Chair at the National University of Lesotho, where he is currently affiliated.


A National Research Foundation category C2-rated researcher and research fellow in the Free State Centre for Human Rights at the University of the Free State (UFS), Dr Carol Chi Ngang, has been appointed as United Nations Development Programme (UNDP) Human Rights Research Chair at the National University of Lesotho, where he is currently affiliated. 

According to Dr Ngang, the Human Rights Chair was established with the broad mandate to undertake and promote cutting-edge policy research, curriculum development, and community engagement. He says the chair is envisaged to generate a steady stream of research outputs on various aspects of human rights in Lesotho, and most importantly, to explore the human rights components of the Sustainable Development Goals.

For establishing the Human Rights Chair and funding its programme activities, Dr Ngang expresses his gratitude to the United Nations Tripartite Partnership (UNTPP), the Office of the High Commissioner for Human Rights (OHCHR), and the United Nations Development Programme (UNDP) Lesotho.

Knowledge-based foundation for a human rights culture

Dr Ngang states that the establishment of the UNDP Human Rights Chair in the Faculty of Law at the National University of Lesotho is not only timely, but also indispensable in the sense that it provides the opportunity to lay a solid knowledge-based foundation for a human rights culture in Lesotho to respond to and seek to redress the exigencies and the lived experiences of the Basotho. 

“With the country’s political landscape characterised for the last decades by, among others, a distressed economy, shaky coalition governments, and instability, Lesotho’s human rights record is not an impressive one.”

Dr Ngang elaborates, “In spite of a cabinet decision taken as far back as 1995 and the adoption of the Sixth Amendment to the Constitution Act in 2011 – with explicit provision for the establishment of the Lesotho Human Rights Commission – 27 years down the line the august institution, which is supposed to oversee the promotion and protection of human rights in Lesotho, is yet to see the light of day. Lesotho remains one of the few countries in Africa and around the world that is yet to put in place a human rights commission to ensure protection of the vulnerable population, of which the constitutionally guaranteed fundamental rights are threatened on a daily basis.”

According to him, one of the most pressing issues in the human rights field currently, is the establishment of the Lesotho Human Rights Commission. “It is a central concern not only for our funders and the Ministry of Law and Justice and the many other active forces that have invested time and resources in the process, but importantly, also for the Lesotho society at large,” he states.

“Without the commission, the vulnerability of the population is multiplied.”

Effecting real transformation in the human rights situation in Lesotho

Dr Ngang says in the absence of a human rights commission, besides focusing on research and the dissemination of knowledge, the Human Rights Chair will additionally cover gaps in the areas of advocacy, amicus curiae interventions, and public interest litigation in human rights matters before the courts.

“It is our anticipation that the research outputs generated by the Human Rights Chair will be utilised productively, including by Lesotho-based civil society organisations, to inform policy advocacy and most essentially, leverage policy formulation, decision making, and resource allocation for the realisation of human rights in the country.”

Dr Ngang also foresees that it will shape the direction of governance and governmental actions in meeting the global Sustainable Development Goal targets, as well as the strategic objective of national transformation as outlined in the Lesotho National Strategic Development Plan II. 

The Human Rights Chair, he says, has established working relations with the Ministry of Law and Justice, as well as a collaborative partnership with the Lesotho NGO sector, and envisages doing so with the private sector and other major stakeholders. “These strategic alliances are intended to ensure that knowledge generated by the chair through research is utilised by the relevant stakeholders to effect real transformation as far as the human rights situation in Lesotho is concerned.”

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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