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UFS reflects on human rights and the law

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

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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