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Drafting the South African constitution: an account by Justice Albie Sachs

06 November 2024 | Story Anthony Mthembu | Photo BORN2SHOOT

inaugural Albie Sachs Prestige Lecture 2024 — From the left (back row): Dean of the Faculty of Law, Prof Serges Kamga; Judge of the Supreme Court of Appeal, Justice Nolwazi Mabindla-Boqwana; Deputy Vice-Chancellor: Research and Internationalisation at the University of the Free State (UFS), Prof Vasu Reddy; Project Director of the Albie Collection and Chair of the Albie Sachs Trust (ASCAROL), Vanessa September; and acting Deputy Vice-Chancellor: Academic at the University of the Free State (UFS), Prof Philippe Burger. From the left (front row): Acting Vice-Chancellor of the University of the Free State (UFS), Prof Anthea Rhoda; Emeritus Constitutional Court Justice Albie Sachs; and Chief Justice of South Africa, Mandisa Maya.

The Faculty of Law at the University of the Free State (UFS) hosted the inaugural Albie Sachs Prestige Lecture on the UFS Bloemfontein Campus on 30 October 2024. The lecture – delivered by Emeritus Constitutional Court Justice Albie Sachs – was titled, ‘Who actually wrote the Constitution, and why they gave eleven unelected judges the power to strike down laws and actions of the democratically chosen parliament and president’?

In attendance at the lecture were Chief Justice of South Africa, Mandisa Maya; acting Vice-Chancellor of the UFS, Prof Anthea Rhoda; Judge of the Supreme Court of Appeal, Justice Nolwazi Mabindla-Boqwana; Senior State Advocate, Antoinette Ferreira; Project Director of the Albie Collection and Chair of the Albie Sachs Trust for Constitutionalism and the Rule of Law (ASCAROL), Vanessa September; as well as the Dean of the Faculty of Law, Prof Serges Kamga, among other high-profile guests.

In his opening address, Prof Kamga indicated that the lecture aimed to provide some responses to the core questions about the constitution and constitutionalism in South Africa. As such, Prof Rhoda echoed this sentiment, highlighting that, “when it comes to the events that preceded, surrounded, and followed the drafting and adoption of our country’s constitution, there are few commentators better placed than Judge Albie Sachs”.

The making of the constitution

As part of his lecture, Justice Sachs gave a detailed account of the making of the South African constitution. According to Justice Sachs, a total of 490 members of parliament came together to draft the constitution, which included members of the National Assembly and the Senate. These members had been mandated by 20 million South Africans who wanted a better future. As such, he described that moment as a “huge accomplishment on the part of the liberation movement”.

However, he highlighted that fulfilling this mandate was not an easy task, as it required an enormous amount of thought and mobilisation of legal technology to enable those in power at the time to surrender control of the army, police, and to some extent the economy and law-making, among other aspects. These negotiations resulted in a two-state process of constitution-making, which included the drafting of an interim constitution and the establishment of a parliament that would draft the final constitution.

Justice Sachs indicated that once the constitutional assembly sent the constitutional text to the constitutional court to ensure its compliance with agreed principles, it was found non-compliant in eleven respects, for which they had to find solutions in order for the constitution to be adopted.

As he concluded his address, Justice Sachs underscored his pride in having been involved in what he describes as a wonderfully rich story.

Forging a partnership

Subsequent to the address by Justice Sachs, the Faculty of Law and ASCAROL signed a Memorandum of Understanding (MoU), formalising the Albie Sachs Prestige Lecture as an annual event and allowing further collaboration. In fact, Prof Kamga highlighted that if Justice Sachs was not available to deliver a lecture, the trust would appoint someone in his place. To further solidify this partnership, the faculty was gifted with some of Justice Sachs’ works, including books and other materials, for its library.

Prof Rhoda expressed gratitude for this collaborative effort, saying, “We are grateful to have found such a partner in Justice Albie Sachs and the Albie Sachs Trust. May this relationship continue to blossom and bear fruit – to the benefit of our young leaders of tomorrow.”

News Archive

UFS researchers receive awards from the NSTF

2008-06-04

The recipients of the two awards are, from the left: Prof. Jan van der Westhuizen, UFS Department of Chemistry, Dr Susan Bonnet, UFS Department of Chemistry, Prof. Thinus van der Merwe, FARMOVS-PAREXEL, Prof. Maryke Labuschagne, UFS Department of Plant Sciences, and Prof. Ken Swart, FARMOVS-PAREXEL.
Photo: Lacea Loader

UFS researchers receive awards from the NSTF

The University of the Free State (UFS) last week received two prestigious awards from the National Science and Technology Forum (NSTF) during its tenth gala-awards ceremony held in Kempton Park.

Prof. Maryke Labuschagne from the Department of Plant Sciences at the UFS was the female recipient of the research capacity-development award over the last ten years. She received the award for her successful mentoring of black researchers and students. The award, sponsored by Eskom, includes a prize of R100 000 which will be used for research purposes.

A team consisting of Prof. Jan van der Westhuizen and Dr Susan Bonnet from the Department of Chemistry at the UFS and Prof. Kenneth Swart and Prof. Thinus van der Merwe from FARMOVS–PAREXEL received the innovation award for an outstanding contribution to science, engineering and technology from either an individual or a team over the last ten years.

Prof. Labuschagne, an expert in the field of plant breeding and food security in Africa, received the award for her contribution to the training and development of black students and researchers in this field. Various black students successfully completed their postgraduate studies under her guidance at the UFS during the past ten years, with positive results.

Research by her South African students has led to a firmly entrenched research relationship between the Agricultural Research Council (ARC) and the UFS, while research by her local and international students has culminated in no less than 82 publications over the last decade.

It has also led to the establishment of collaboration agreements with universities and research institutes in Malawi, Kenya, Uganda and Tanzania – among others with the University of Malawi where Prof. Labuschagne and her students are involved in the International Programme in the Chemical Sciences (IPICS) of the Uppsala University in Sweden. The project focuses on the study of genetics and chemistry of tropical roots and tuber crops in Malawi. This has led to collaboration with international research organisations and has generated overseas funding.

The combined team from FARMOVS–PAREXEL and the UFS won an award for the synthesis of drug analogues used as reference products during the analysis of the drug concentration in blood, from existing and new drugs registered nationally and internationally.

The project resulted in capacity building in synthetic organic chemistry, mass spectrometry and chromatography: Five master’s degrees were completed, seven are in progress, and six postgraduate students commenced with Ph.D.’s.

The skills transferred during this project are already being applied to examine the properties of indigenous medicinal plants as part of the recently established UFS novel drugs and bioactive compound cluster.

Applied Biosystems, the Canadian manufacturer of mass spectrometers, donated equipment to the value of more than R10 million for this project. As a result the UFS is one of the few universities in the world that can offer postgraduate training in bioanalytical chemistry.

Prof. Hendrik Swart, head of the Department of Physics at the UFS, and Dr Martin Ntwaeaborwa, senior lecturer at the Department of Physics were finalist in the research- capacity developer and black-researcher categories respectively.
The NSTF awards gives recognition to the outstanding contributions of individuals and groups to science, engineering and technology. This includes all practising scientists, engineers and technologists across the system of innovation, including, for example, teachers and students in mathematics, science and technology. The NSTF represents government, science councils, professional bodies, higher education, business and civil society.

Altogether nine individuals and three organisations were presented with the NSTF Awards trophy by the Minister of Science and Technology, Mr Mosibudi Mangena.

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
4 June 2008

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