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20 March 2023 | Story Prof Danie Brand | Photo Supplied
Prof Danie Brand
Opinion article by Prof Danie Brand, Director of the Free State Centre for Human Rights at the University of the Free State.

Opinion article by Prof Danie Brand, Director of the Free State Centre for Human Rights at the University of the Free State
What does it mean to say one has a right to something, such as access to housing or to protest or to property? What are human rights? What do they ‘do’?

One often hears of human rights being asserted as if they give one an absolute claim to something specific and discrete, which can be enforced against anything and everyone else, irrespective of the impact on the interests (and rights) of others, as well as broader public goals or values.

Perhaps the clearest example of this was the way in which the right to ownership of land was understood under apartheid property law. Ownership then was an absolutely exclusive right: it entitled its holders to exclude everyone else without a countervailing right from their land, irrespective of circumstance or context. All a landowner had to prove before a court to obtain an eviction order if they sought to evict someone from their land, was that they had the right (owned the land) and that those they sought to evict had no countervailing right in law to be on the land. If the right was proved in this way, the remedy of exclusion through eviction followed automatically – the court had to grant the eviction order.

Constitutional right to peaceful protest

A more recent example of this view was on display in the way in which members of parliament complained about their removal from the house when they attempted to shut down the President’s State of the Nation Address through protest action. Many responded by saying their removal was unjustified because, by trying to stop the address from proceeding, they were exercising their constitutional right to peaceful protest. The assumption underlying this response is that the right to protest peacefully and unarmed entitles you to protest peacefully and unarmed in any way you see fit and regardless of the consequences for other people and for society at large.

With this view of rights, a right bestows on its holders a sphere of absolute inviolability – an abstract space within which they can do what the right entitles them to do (protest, hold property, speak, associate or whatever), subject to nothing and no-one else, with no limitations. Rights are seen as instruments through which to separate ourselves from other people and unilaterally impose our will and our interests on others. Rights operate as trumps, boundaries, conversation stoppers.

Understanding human rights

Fortunately, our constitution embodies a different vision or understanding of human rights. In various ways, our constitution makes it clear that what exactly our human rights entitle us to do, or have, or experience, is never abstractly fixed, immutable, or absolute, but must always be determined anew within context. Whenever we seek to exercise one of our human rights, its precise contours and limits must be determined in light of the circumstances prevailing at the time we seek to exercise it; the history of our country; the impact that our exercise thereof will have on the rights and interests of other people; and how our conduct in terms of the right aligns with the public interest and broader constitutional goals.

In this view of rights, our understanding of the right of ownership (which is of course not one of the human rights proclaimed in our constitution but is only indirectly protected in Section 25 of the Constitution) has been moulded into something entirely different from the apartheid conception. Landowners no longer have absolute, exclusive control over their land that simply arises from the fact that they have the right to ownership. If landowners today want to remove people occupying their land without any legal right to do so – in addition to and after proving their ownership – they must persuade a court that eviction would be just and equitable in light of all relevant circumstances (prevailing circumstances; interests of others, including the occupiers of their land; the public interest; constitutional goals) before they will succeed.

WATCH: The Power of Human Rights 




Building democracy

Likewise, if we seek to exercise our right to protest – in order to know what we would be entitled to do in terms of that right – we must consider how our protest will affect the rights and interests of others and whether that impact can be justified, and how the manner and form of our protest squares with constitutional goals such as building democracy. Equally, of course, if others object to our protest because of its impact on their rights and interest, they will have to contextualise their attempt to exercise their right to education, or academic freedom, or freedom of movement in light of our interests, the prevailing circumstances, the public interest, and constitutional goals such as fostering democracy, freedom of association, and freedom of speech.

That is, instead of rights in our constitutional order being abstract spheres of inviolability that can be exercised against others to protect or enforce our interests without consideration of context, keeping us apart, they are mechanisms to enable us to live together, to find accommodation between our disparate, perhaps conflicting, but often overlapping interests and concerns.

What is it then that our human rights do for us or entitle us to? Whenever our human rights-related interests are at stake, or if we rub up our fellow human beings with whom we cohabit the wrong way when our interests seem to clash, they entitle us to be taken equal account of. They require others (most importantly those in authority, usually the state) to include us and have concern for our interest, equal to the concern for others, in the conversation about what should happen and what we may or may not do. In this sense, rights do not keep us apart or stop conversations. Instead, they are acutely democratic mechanisms, making it possible for us to live together. ‘Only that?’, you may respond – but this is no small thing.

News Archive

UFS implements access control measures on our Bloemfontein Campus
2014-11-21



Photo: Hannes Pieterse

Online Application form: non personnel

Map with access gates on the Bloemfontein Campus


Accessing the Bloemfontein Campus from 3 November 2014

Access control during major events on the Bloemfontein Campus

Q&A




The University of the Free State (UFS) has been tightening security measures on its Bloemfontein Campus for quite some time now. Purposefully, we have consolidated several safety measures to keep our students, staff and visitors – the heartbeat of our university – protected.

Our most significant step in this endeavour is now in the process of implementation. All five entrance gates to the campus are being equipped with strict access control.

The first phase of the process was implemented beginning of August 2014. Gates 2 (Badenhorst Street) and 4 (Furstenburg Street) were equipped with card readers. Only persons with valid access cards can enter and leave through these gates. Existing staff and student cards are equipped to be read by the short-distance card readers at the gates in order to activate the booms.

At this stage, staff and students are swiping their cards against the card readers at Gates 2 and 4 or holding it not further than 20 mm from the reader for the boom to open. Card holders now physically stop in front of the boom in order to get access to the campus.  

The duel-frequency card:

The dual-frequency cards available at the Card Division on the Thakaneng Bridge are currently out of stock. New cards will be delivered on Friday 14 November 2014.

The special offer of R30 per access card has been extended to the end of November 2014. To qualify for this offer, staff and students may pay the R30 for a dual-frequency card at the bank or cashiers on the Thakaneng Bridge no later than 28 November.  The cost of dual-frequency cards will increase to R60 per card from 1 December 2014.

Please note that only people with vehicles need to apply for dual-frequency cards.

Students and staff will, however, still be able to gain access to the Bloemfontein Campus with their current cards (in the case of staff and students who haven’t purchased dual-frequency cards yet). As is currently the practice at the gates in Furstenburg and Badenhorst Streets, you will have to stop when you reach the boom, swipe your card past the card reader, the boom will open and you will be able to drive through.

Staff and students using their dual-frequency cards should:

-       Reduce speed
-       Hold the card in a vertical position at the driver’s side window, in the direction of the long-distance reader (see photo)

It is therefore not necessary to stop in front of the boom. On holding your card upright, in line with the card reader, the gate will open automatically and you will be able to drive through (keep your card outside your window; the card reader cannot operate through tinted windows).

Please note that this arrangement only applies to incoming lanes. On leaving the campus, the card has to be swiped. This is due to the number-plate recognition technology installed at exits for additional security.

If the long-distance reader does not work, the dual-frequency card can still be used at a tag reader. 

Applying for your new card:

Electronic fund transfers: Absa Bank: 1 570 8500 71, Ref: 1 413 07670 0198, OR pay the R30 at the UFS Cashiers, Thakaneng Bridge. Please note that the price of the cards will increase to R60 from 1 November 2014.

Take your existing personnel or student card, together with proof of payment, to the UFS Card Division, Bloemfontein Campus, Thakaneng Bridge, to have your photo taken and your new dual-frequency card issued.

Permission to access specific UFS buildings or facilities linked to your existing card, will be automatically linked to the new card.

The new card is marked ‘dual’ on the back in the right, bottom corner.

The UFS Cashiers will provide assistance between 09:00 and 14:30, and the UFS Card Division between 09:00 and 15:00.

Implementation of full access control


Full access control will be implemented on the UFS’s Bloemfontein Campus from 3 November 2014. This means that access control will be implemented at all gates on the Bloemfontein Campus.

Who is using which gate? See Q&A for more information.


Gate 3 (Wynand Mouton Drive) is earmarked for use by official card holders. These include students, staff and persons doing business on campus. Parents dropping and fetching their children for sports, as well as service providers of the UFS, such as architects, may apply for valid cards. These persons will have to provide proof that they have business on campus (complete online application form and sign declaration).

All visitors to the campus will be referred to the Visitor’s Centre at Gate 5 (DF Malherbe Drive). This include, among others, parents, family and friends of students, as well as conference delegates. It is estimated that the Visitor’s Centre will be completed at the end of November (note that the gate at DF Malherbe Drive will be operational by 3 November 2014). Visitors will sign in at the Visitor’s Centre and, depending on the business they have on campus, they will only be allowed on campus for a certain period of time.

•    Lane 1 at Gate 5 will be used by visitors and service providers to enter the campus. Only card holders will be able to use lane 2.
•    Buses and trucks can also enter the campus through Gate 5.

The construction at the Main Gate at Nelson Mandela Drive is to build one extra lane for incoming traffic. The project is estimated to be completed at the end of October 2014.

•    For outgoing traffic, lane 1 (furthest from the guardhouse) and lane 2 will only be used by card holders and lane 3 (closest to the booth) will be used by service providers.
•    For incoming traffic, lanes 2 and 3 were set aside for use by only service providers. Lanes 1 and 4 will be used by only card holders.

Pedestrians

All gates for motorists will also be equipped with a pedestrian thoroughfare on completion of the project. Persons using these pedestrian gates also need to use their cards to get access to the campus.

Pedestrians who are visitors, but aren’t in possession of a valid access card, should please go to the Visitor’s Centre at the gate in DF Malherbe Drive where they will be helped.

More information

For more information on access control at the UFS, please watch our videos and read the Q&A or e-mail your enquiries to accesscontrol@ufs.ac.za.  


Issued by:    Lacea Loader (Director: Communication and Brand Management)
Tel: +27(0)51 401 2584 | +27(0)83 645 2454
E-mail: news@ufs.ac.za


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