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26 April 2023 | Story Valentino Ndaba | Photo Charl Devenish
Faculty of Law doctoral recipients produce impactful research and increase the number of UFS academic staff with PhDs. From the left; Dr Martie Bloem; Dr Kudzai Mpofu, and Dr Anthea-Lee September-Van Huffel.

Our vision is that by 2034, the proportion of academic staff with PhDs will increase to 75%. With each graduation ceremony, the University of the Free State (UFS) is moving closer to making this a reality. Our aspirations of becoming a research-led institution that prides itself on academic excellence, quality, and impact, are outlined in Vision 130, which is the strategic intent to reposition the UFS for its 130th anniversary.

This year’s April graduation saw a general total of 94 PhDs being conferred, which is a significant growth compared to the 84 conferred during last year’s April graduation ceremonies. 

On 20 April 2023, three of the ten candidates conferred the new title of ‘Dr’ by the Faculty of Law, were UFS academic staff. Dr Kudzai Mpofu (Research Assistant in the Department of Mercantile Law), Dr Anthea-Lee September-Van Huffel (Private Law lecturer), and Dr Martie Bloem (Private Law lecturer) were just a few of many UFS academics to receive their doctoral degrees this autumn.

Saving small businesses through quality research 

Dr Mpofu's study contributes to the development of business rescue legislation aimed at restructuring small businesses in financial distress. He used a comparative research methodology to evaluate the business rescue models of small enterprises in Kenya, the United Kingdom, the United States, and South Africa. 

In his thesis, titled: A business rescue model for unincorporated business entities in South Africa, he proposed a business rescue model that provides eligibility criteria, a procedural framework consisting of a step-by-step rescue process, and an institutional framework addressing the roles/duties of the debtor, business rescue practitioner, and the judiciary in ensuring that unincorporated business entities are rehabilitated.

Part of the Vision 130 plan is to enhance research capacity and capabilities by placing a greater emphasis on the balance between research, teaching, and learning for impact. Dr Mpofu is driven by the desire to make an impact.
“I am motivated to use my expertise and research to make a positive impact on society. I look forward to applying my research findings to real-world problems, engaging with policy makers, industry professionals, and community organisations, and making meaningful contributions to society through my academic work,” he said.

Interrogating government’s regulation of South Africa’s natural resources 

Dr September-Van Huffel’s research study, titled: A critical investigation of state custodianship and its implications for the South African property regime, evaluates the potential for change in the interaction between the government as public trustee or custodian and private property holders as far as land reform is concerned.

Her thesis investigates a state custodianship approach to rural agricultural land, particularly within the context of land reform initiatives and increased regulatory control over natural resources such as water, minerals, and land for public interest; and the efficacy of the construct of state custodianship should it be applied to land as a natural resource. Her research considers the socio-political basis for the legal construct of state custodianship, and whether this novel construct has proven capable of delivering transformative outcomes such as equitable redistribution.

Advocating for diversity to transform the legal system

With her thesis, titled: The requirement of ‘fit and proper’ for the legal profession: a South African perspective, Dr Bloem challenges the entry criteria for practising law.

“With this thesis, I challenge the current understanding and application of the ‘fit and proper’ requirement for admission to legal practice, finding that it is superficial and one-dimensional. I argue for the re-imagining of the requirement to allow for diversity and for the critical thinking needed to enable transformation of the legal profession.”

Dr Bloem adds, “The study draws a direct link between objectives such as public interest, access to justice, and social justice. I also propose that being ‘fit and proper’ should be a continuous responsibility of all legal professionals and informed by constitutional values, not mere compliance with fixed rules of conduct. With this thesis, I intend to contribute to the transformation of the legal profession as well as legal education.”

News Archive

The TRC legitimised apartheid - Mamdani
2010-07-20

 Prof. Mahmood Mamdani
“The Truth and Reconciliation Commission (TRC) accepted as legitimate the rule of law that undergirded apartheid. It defined as crime only those acts that would have been considered criminal under the laws of apartheid.”

This statement was made by the internationally acclaimed scholar, Prof. Mahmood Mamdani, when he delivered the Africa Memorial Lecture at the University of the Free State (UFS) last week on the topic: Lessons of Nuremberg and Codesa: Where do we go from here?

“According to the TRC, though crimes were committed under apartheid, apartheid itself – including the law enforced by the apartheid state – was not a crime,” he said.

He said the social justice challenges that South Africa faced today were as a result of the TRC’s failure to broaden the discussion of justice beyond political to social justice.

He said it had to go beyond “the liberal focus on bodily integrity” and acknowledge the violence that deprived the vast majority of South Africans of their means of livelihood.

“Had the TRC acknowledged pass laws and forced removals as constituting the core social violence of apartheid, as the stuff of extra-economic coercion and primitive accumulation, it would have been in a position to imagine a socio-economic order beyond a liberalised post-apartheid society,” he said.

“It would have been able to highlight the question of justice in its fullness, and not only as criminal and political, but also as social.”

He said the TRC failed to go beyond the political reconciliation achieved at Codesa and laid the foundation for a social reconciliation. “It was unable to think beyond crime and punishment,” he said.

He said it recognised as victims only individuals and not groups, and human rights violations only as violations of “the bodily integrity of an individual”; that is, only torture and murder.

“How could this be when apartheid was brazenly an ideology of group oppression and appropriation? How could the TRC make a clear-cut distinction between violence against persons and that against property when most group violence under apartheid constituted extra-economic coercion, in other words, it was against both person and property?”, he asked.

“The TRC was credible as performance, as theatre, but failed as a social project”.

Prof. Mamdani is the Director of the Institute of Social Research at the Makerere University in Kampala, Uganda; and the Herbert Lehman Professor of Government in the Department of Anthropology at the Columbia University in New York, USA.

Media Release
Issued by: Mangaliso Radebe
Assistant Director: Media Liaison
Tel: 051 401 2828
Cell: 078 460 3320
E-mail: radebemt@ufs.ac.za  
20 July 2010
 

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