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30 May 2023 | Story Dr Mpumelelo Ncube | Photo Supplied
Dr Mpumelelo Ncube
Dr Mpumelelo Ncube is a Senior Lecturer in the Department of Social Work, University of the Free State.


Opinion article by Dr Mpumelelo Ncube, Head of Department and Senior Lecturer in the Department of Social Work, University of the Free State.


The year 2023 marks the diamond jubilee of the establishment of the Organisation of African Unity (OAU), currently known as the African Union (AU), which was founded in Addis Ababa. The visionary founders, including President Kwame Nkrumah and Emperor Haile Selassie, aimed to bring about political change in African states and restore the dignity of African people, who had long suffered under colonial subjugation and disenfranchisement. Their vision encompassed a united Africa, free from oppression, governed by self-determination, and destined for prosperity.

Over time, the OAU transformed into the AU, with the intention of accelerating the dream of African unity and eradicating the social, political, and economic challenges that had begun to define African states. Pan-Africanism emerged as a beacon of hope, inspiring many who understood its significance at the organisation's inception. As we reflect on the ideals cherished by the founding fathers and reaffirmed by their successors in 2002, it is crucial to contemplate four of the seventeen aims articulated during the launch of the African Union in Durban.

Unity and solidarity between African countries and their people

Firstly, the AU aims to achieve greater unity and solidarity between African countries and their people. In pursuit of this goal, notable actions have been taken, such as the establishment of the Peace and Security Council (PSC) to maintain peace in conflict zones such as Mali, Sudan, Somalia, and the Central African Republic. Moreover, in response to the COVID-19 pandemic, the AU set up the Africa Medical Supplies Platform (AMSP) to facilitate the procurement and distribution of medical equipment and supplies throughout the continent. While these achievements are commendable, the majority of the other intentions under this aim lack a concrete plan of action, and the lack of sufficient funding is hampering progress. This presents a cause for concern.

Secondly, the AU pledged to defend the sovereignty, territorial integrity, and independence of its member states. Despite the development of intervention instruments to support this aim, the organisation has been found wanting at critical junctures. One cannot forget the adoption of Resolution 1973 by the United Nations Security Council, which authorised national governments or regional organisations to impose a no-fly zone in Libya, ultimately leading to the assassination of Colonel Muammar Gaddafi. Colonel Gadhafi played a pivotal role in the formation of the African Union and declared his vision for the United States of Africa with a single government and one currency. Surprisingly, three AU member states – South Africa, Nigeria, and Gabon – voted in favour of this resolution. Their actions raised doubts about their commitment to defending the sovereignty, territorial integrity, and independence of the AU.

Africa faces a harsh reality

Africa, a continent with immense potential for growth and development, faces a harsh reality that cannot be ignored. Its burgeoning population holds great promise for contributing significantly to its advancement. Additionally, Africa is blessed with abundant mineral resources, the prudent management of which could sustain the developmental aspirations of its people. Furthermore, Africa's expansive land mass and diverse climate present valuable opportunities to address crucial concerns such as food and energy security. It is perplexing that Africa, a continent three times the size of the United States of America, continues to lag behind in all aspects of development. The continent has enormous potential to foster growth and development and to compete on a global scale. Regrettably, it has thus far failed to harness this potential, leaving the dream of African prosperity, initially envisioned by the founders of the OAU (AU) and their successors, frustratingly out of reach.

As we commemorate the diamond jubilee of the OAU's establishment, let it serve as a reminder of the vision and determination of its founders. Their dreams for an Africa united, free from oppression, and governed by self-determination still resonate today. It is our collective responsibility to ensure that these dreams are no longer scuppered, but rather transformed into a vibrant reality of African prosperity.

News Archive

Twenty years of the constitution of South Africa – cause for celebration and reflection
2016-05-11

Description: Judge Azar Cachalia Tags: Judge Azar Cachalia

Judge Azar Cachalia

The University of the Free State’s Centre for Human Rights and the Faculty of Law held the celebration of the twentieth anniversary of the adoption of the South African Constitution on 11 May 2016 on the Bloemfontein Campus.  Students and faculty members celebrated and reflected on not only the achievements of the constitution but also on perspectives regarding its relevance in modern society, and to what extent it has upheld the human rights of all citizens of South Africa.

The panel discussion started with a presentation on the pre-1996 perspective by Judge Azar Cachalia of the Supreme Court of Appeal.  Judge Cachalia reflected on his role in the realisation and upholding of the constitution, from his days as a student activist, then as an attorney representing detainees during political turmoil, and currently as a judge: “My role as an attorney was to defend people arrested for public violence. My role as a judge today is to uphold the constitution.”  He stressed the importance of the constitution today, and the responsibility institutions such as the police service have in upholding human rights.  Judge Cachalia played a significant role in drafting the new Police Act around 1990, an Act which was to ensure that the offences perpetrated by the police during apartheid did not continue in the current democratic era. Further, he pointed out that societal turmoil has the potential to make society forget about the hard work that was put into structures upholding human rights. “Constitutions are drafted in moments of calm.  It is a living document, and we hope it is not torn up when we go through social conflict, such as we are experiencing at present.”

Thobeka Dywili, a Law student at the UFS, presented her views from the new generation’s perspective.  She relayed her experience as a student teaching human rights at schools in disadvantaged communities. She realised that, although the youth are quite aware of their basic human rights, after so many years of democracy, “women and children are still seen as previously disadvantaged when they should be equal”. She pointed out that, with the changing times, the constitution needs to be looked at with a new set of eyes, suggesting more robust youth engagement on topics that affect them, using technology to facilitate discussions. She said with the help of social media, it is possible for a simple discussion to become a revolution; #feesmustfall was a case in point.

Critical perspectives on the constitution were presented by Tsepo Madlingozi of University of Pretoria and University of London. In his view, the constitution has not affected policy to the extent that it should, with great disparities in our society and glaring issues, such as lack of housing for the majority of the poor.  “Celebration of the constitution should be muted, as the constitution is based on a decolonisation approach, and does not directly address the needs of the poor. The Constitutional Court is not pro-poor.”  He posed the question of whether twenty years on, the present government has crafted a new society successfully.  “We have moved from apartheid to neo-apartheid, as black elites assimilate into the white world, and the two worlds that exist have not been able to stand together as a reflection of what the constitution stands for.”

Prof Caroline Nicholson, Dean of the Faculty of Law, encouraged more open discussions, saying such dialogues are exactly what was intended by the Centre for Human Rights. She emphasised the importance of exchanging ideas, of allowing people to speak freely, and of sharing perspectives on important issues such as the constitution and human rights.

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