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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

Judge Albie Sachs and Candice Mama discuss traumas of the past and forgiveness in the present
2015-08-05

 

Judge Albie Sachs embraces Candice Mama for her courage in confronting Eugene de Kock, who killed her father.

Two generations. Two stories of triumph. Two South Africans who have displayed immense courage.

Public Dialogue on Trauma, Memory, and Representations of the Past

Judge Albie Sachs and Candice Mama exchanged their experiences of past trauma and subsequent transformation in a public conversation. The event was co-hosted by Prof Pumla Gobodo-Madikizela and The Institute for Justice and Reconciliation (IJR) in Cape Town on Thursday 30 July 2015.

The event was the first instalment in a series entitled Public Dialogue on Trauma, Memory, and Representations of the Past. The theme of the discussion was ‘Intergenerational Dialogue on Trauma and Healing’.

"The aim of these public dialogue events we are co-hosting with IJR is to place the issues of trauma and memory, and the strategies that individuals and communities use to heal, in the public sphere," Prof Gobodo-Madikizela, Senior Research Professor in Trauma, Forgiveness, and Reconciliation Studies at the University of the Free State (UFS) said.

Judge Albie Sachs and Candice Mama in conversation

Former Constitutional Court Judge, Albie Sachs, talked about his participation in South Africa’s liberation struggle, the loss of his right arm in an assassination attempt, and meeting the man responsible – Henri van der Westhuizen. Despite years of exile and extended periods of solitary confinement, Judge Sachs maintains that “we need to acknowledge our history, not be trapped by it.” Judge Sachs also remarked, though, that “we’re seeing too much lamentation, not enough activation.” In a heartrending gesture, Judge Sachs embraced Candice Mama in a hug for her courage in confronting Eugene de Kock, who killed her father.

How poignant then, when Mama said, “I wanted to embrace the brokenness within him,” when she spoke about her meeting with De Kock. By the time I met with Eugene, I could meet him as a human being, not as a villain.” Mama believes that forgiving someone translates into an investment in the person you are forgiving and in your own sanity. She also emphasised the importance of dialogue to move our country forward: “When we share our stories with each other authentically, walls break down.”

This is a stance that Prof Gobodo-Madikizela supports strongly: “When we listen to one another, something unexpected emerges; we encounter the human in each other,” she said. “When we listen with open hearts to each other, we see and experience each other’s humanity.”

Building a bridge between research and society

Referring to the research aspect of the event, Prof Gobodo-Madikizela said that, "in establishing the series of public dialogue events, our vision is to create a bridge between scholarly research and the community at large, on the one hand, and a visual conscience of society, on the other." The UFS is collaborating with the IJR on this research project, which is funded by the Andrew W. Mellon Foundation. The endeavour is led by Prof Gobodo-Madikizela, who also serves as Board Member of the IJR.

 

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