Latest News Archive

Please select Category, Year, and then Month to display items
Previous Archive
07 May 2024 | Story Valentino Ndaba | Photo Supplied
South African Democracy
Back (from left) Dr Brand Claassen (Head of the Department of Private Law), Dr Jacques Matthee (Vice-dean Faculty of Law), Dr Marianne Sèverin (Institute for African Studies at Bordeaux University, France), Dr Marda Horn, Dr James Faber, Dr Lerato Ngwenyama. Front (from left) Dr Caroline Müller-Van der Westhuizen, Dr Anthea-lee September-Van Huffel and Portia Senokoane.

The University of the Free State’s Department of Private Law in the Faculty of Law recently hosted an enlightening seminar titled 30 years of democracy in South Africa on 26 April 2024. Dr Marianne Sèverin, from the Institute for African Studies at Bordeaux University in France, graced the event with her expertise. Her doctoral research delved into the Political Networking of the African National Congress (ANC), providing a rich backdrop for her discussion on South African democracy with the faculty’s esteemed staff and eager students.

Navigating the adolescent years

In her engaging discourse, Dr Sèverin likened South African democracy to that of “a teenager”, acknowledging the strides made since the advent of democracy in 1994. However, she astutely pointed out that despite the country boasting a robust Constitution, the pervasive issues of corruption and poverty remain significant hurdles. Drawing from her deep knowledge of the ANC, she shed light on the party’s overwhelming dominance in politics, which, unfortunately, provides fertile ground for corrupt practices to flourish unchecked.

The perspective of the ‘born free’ generation

Of particular interest to Dr Sèverin were the perspectives of the young attendees, affectionately known as the ‘Born Free’ generation, who never experienced the apartheid era firsthand. Their casual acceptance of democracy struck a chord with her. Dr Marda Horn, Senior Lecturer in the Department of Private Law noted, “She found through her discussions that they seemed to take democracy for granted and did not appreciate how lucky they were to live in a democracy.”

Lessons from across the continent

Throughout her presentation, Dr Sèverin artfully weaved in anecdotes from other African nations, such as Zimbabwe, Congo-Brazzaville, and the Democratic Republic of the Congo, where democracy has faltered. Her passion for South Africa was palpable as she recounted the emotional moment she experienced during the Rugby World Cup in France in 2023 when the national anthem resonated. Expressing her admiration for the ethos of “ubuntu” demonstrated by the Springboks, she confessed that this philosophy has become her guiding principle in life, a testament to the profound impact of South African culture on her.

A call to cherish and safeguard

The seminar provided a platform for deep reflection on the progress and challenges of democracy in South Africa, urging participants to cherish and safeguard the hard-won freedoms of the nation. As South Africa approaches the elections scheduled for 29 May 2024, the seminar serves as a timely reminder of the importance of youth engagement in shaping the country’s democratic future.

News Archive

SA must appoint competent judges
2009-05-08

 

At the inaugural lecture are, from the left: Prof. Teuns Verschoor, Acting Rector of the UFS, Judge Farlam and Prof. Johan Henning, Dean of the Faculty of Law at the UFS.

Supreme Court of Appeal Judge Ian Farlam has called on the South African government to appoint and continue to appoint competent, fair and experienced judicial officers to sit in the country’s courts.

He also emphasised the need to have an efficient and highly respected appellate division, which rightly enjoys the confidence of all.

Judge Farlam was speaking at the University of the Free State (UFS) where he delivered his inaugural lecture as Extraordinary Professor in Roman Law, Legal History and Comparative Law in the Faculty of Law.

He said there were important lessons that emanated from the study of legal history in the Free State, particularly including the lesson that there were courageous jurists who spoke up for what they believed to be right, and a legislature who listened and did the right thing when required.

“This is part of our South African heritage which is largely forgotten – even by those whose predecessors were directly responsible for it. It is something which they and the rest of us can remember with pride,” Judge Farlam said.

Addressing the topic, Cox and Constitutionalism: Aspects of Free State Legal History, Judge Farlam used the murder trial of Charles Cox, who was accused of killing his wife and both daughters, to illustrate several key points of legal history.

Cox was eventually found guilty and executed, however, the trial caused a deep rift between the Afrikaans and English speaking communities in the Free State.

Judge Farlam also emphasised that the Free State Constitution embodied the principle of constitutionalism, with the result that the Free State was a state where the Constitution and not the legislature was sovereign. He said it was unfortunate that this valuable principle was eliminated in the Free State after the Boer War and said that it took 94 years before it was reinstated.

Judge Farlam added, “Who knows what suffering and tragedy might not have been avoided if, instead of the Westminster system, which was patently unsuited to South African conditions, we had gone into Union in 1910 with what one can describe as the better Trekker tradition, the tradition of constitutionalism that the wise burghers of the Free State chose in 1854 to take over into their Constitution from what we would call today the constitutional best practice of their time?”

Media Release
Issued by: Lacea Loader
Assistant Director: Media Liaison 
Tel: 051 401 2584 
Cell: 083 645 2454 
E-mail: loaderl.stg@ufs.ac.za
8 May 2009
             

We use cookies to make interactions with our websites and services easy and meaningful. To better understand how they are used, read more about the UFS cookie policy. By continuing to use this site you are giving us your consent to do this.

Accept