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27 March 2024 | Story Valentino Ndaba | Photo Sonia Small
Human Rights 18 March 2024
Vanessa Rose September, Chair of the Albie Sachs Trust, hands over donated books to Prof Serges Kamga, Dean of the Faculty of Law at the University of the Free State.

Echoing the words of Nelson Mandela, Prof Francis Petersen, the Vice-Chancellor and Principal of the University of the Free State (UFS), emphasised the profound significance of human rights. “To deny people their human rights is to challenge their very humanity,” he said during his opening address at the Human Rights Celebration held by the UFS Faculty of Law on 18 March 2024.

Acknowledging the pivotal role played by stalwarts such as Emeritus Justice Albie Sachs and Sir Sydney Kentridge, Prof Petersen delved into the strides made since the inception of South Africa’s contemporary constitution.

Underlining the university’s unwavering commitment to human rights, Prof Petersen added, “For universities, it remains critical that every aspect of academic life is viewed through the lens of human rights. The principle of equality lies at the centre of our purpose and operations.”

Furthermore, Prof Serges Kamga, Dean of the Faculty of Law, highlighted the institution’s vision encapsulated in Vision 130, striving to produce graduates who embody excellence and contribute to societal transformation.

Panel discussion: Sir Sydney Kentridge’s enduring legacy

Former Justice Zak Yacoob, renowned for his tenure at the Constitution Court of South Africa, paid tribute to Sir Sydney Kentridge in a panel discussion focusing on Kentridge’s contributions to human rights both nationally and internationally.

Reflecting on his personal experiences working alongside Sir Kentridge, Justice Yacoob highlighted the practical essence of human rights advocacy. He recounted Sir Kentridge’s seminal role in shaping the constitutional court’s early judgments, particularly emphasising the incorporation of human dignity into the constitutional framework.

Justice Yacoob’s insights shed light on the profound impact of Sir Kentridge’s jurisprudence on society, particularly in shaping notions of dignity, equality, and freedom. “The contribution he made was absolutely amazing. He wrote the first-ever judgement delivered by that court in April 1995. It was the first judgement that brought forth the issue of human dignity and its importance.”

Joining the discussion were esteemed panelists including Honourable Madam Justice Yvonne Mbatha and Dr Adri Du Plessis, who provided expert commentary on Sir Kentridge’s contributions to the legal fraternity. The discussion was moderated by Prof Elsabe Schoeman, Dean of the Faculty of Law at the University of Pretoria.

Honouring legal icons

Vanessa Rose September, Chair of the Albie Sachs Trust, presented books donated by the trust. The biography titled Arthur Chaskalson: A life dedicated to justice for all chronicles the life of Chaskalson, a towering figure in South Africa’s legal landscape.

Emeritus Constitutional Court Justice Albie Sachs delivered a thought-provoking lecture, pondering the question of whether there is cause for celebration on the 30th anniversary of human rights in South Africa.

With a rich history of activism and legal scholarship, Justice Sachs reflected on the evolution of South Africa’s judiciary and the enduring legacy of the Constitutional Court. Despite acknowledging prevailing challenges, Justice Sachs remained optimistic, citing the country’s constitutional framework as a beacon of hope and progress. “There’s lot to be angry about, there’s lots to complain about, there’s lots that has to be renounced, but there’s lots to celebrate. We’ve got a country, we’ve got a constitution, we’ve got rights, we’ve got instruments that we can use,” he said.

In conclusion, the Human Rights Celebration served as a poignant reminder of the ongoing struggle for dignity, equality, and justice, reaffirming the university’s steadfast commitment to upholding these fundamental principles in academia and beyond.

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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