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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

Outstanding alumni celebrated at the Chancellor’s Distinguished Alumni Awards

2017-08-28

Description: Outstanding alumni celebrated at the Chancellor’s Distinguished Alumni Awards Tags: Outstanding alumni celebrated at the Chancellor’s Distinguished Alumni Awards

From the left: Former Miss World and UFS Medical student, Rolene Strauss; Rector and Vice-Chancellor,
Prof Francis Petersen; The Chancellor’s Distinguished Alumnus of the Year,
Vian Chinner; and Chancellor of the UFS, Dr Khotso Mokhele. Photo: Charl Devenish

Alumni Awards Photo Gallery

Alumni are the heart and soul of a university, a legacy that lives on for generations, bringing pride to the alma mater. Each year, the University of the Free State (UFS) through the Chancellor’s Distinguished Alumni Awards, celebrates its outstanding alumni, who have stood out among their peers, making waves in their careers, at home and abroad. The UFS Chancellor, Dr Khotso Mokhele, said the university plays a pivotal role in ensuring that students enjoy a life-long relationship with their alma mater. He encouraged the UFS management to create opportunities to engage students during their years of study, in order to create this mutually-beneficial relationship into the future.

The Chancellor’s Distinguished Alumnus of the Year Award, the highest honour accorded to an alumnus, recognises the distinguished national or international achievements of its recipient. The award was presented to Vian Chinner, chief executive officer at Xineoh, a performance marketing company he founded in 2014. The company, based in Bloemfontein, with offices in Cape Town, Oregon in the US, and Vancouver in Canada, specialises in applying mathematical modelling and machine learning to optimise conversion in industries including real estate, mortgage banking and e-commerce. It has generated more than $30 million in revenue for its clients.

The Young Alumnus of the Year Award acknowledges the achievements of alumni who graduated within the past decade and was presented to Leah Molatseli, founder and managing director of Lenoma Legal, who graduated with an LLB at UFS in 2010.

The Cum Laude Award is bestowed upon an alumnus in recognition of excellence in any field, whether vocational or voluntary. The awards in this category were presented to three alumni:

David Abbey, Acquisition and Leveraged Finance Deal Maker at Rand Merchant Bank. David graduated with a BCom Accounting (RU) 2007 and a BCom Hons Accounting (UFS) in 2008.

Johan Eksteen, Agricon Pelleting, graduated with an MSc in Sustainable Agriculture in 1998, and received an MBA in 2005, both at the UFS.

Zola Valashiya, Co-founder and director: Debate Afrika and Schools Projects and Campaigns Manager at Corruption Watch. He graduated with an LLB (UFS) in 2014, and Masters of Public Administration (Central European University, Hungary) in 2016. He is a Mandela Rhodes Scholar (2015) and a Young African Leadership Initiative Mandela Washington Fellow (2017) and is presently featured on the Mail & Guardian list of top 200 young South Africans.

The Executive Management Award: this service award is presented to an individual who has delivered exceptional service to the UFS and is not limited to alumni of the institution, current students and the community at large. The award was presented to Sarina Cronje, Head of Athletics at KovsieSport.

She graduated with a Bachelor of Science (UFS) in 1977 and a Postgraduate Diploma in Higher Education (UFS) in 1983. She is a mother and career woman, whose family carries the same passion and drive for sports that champions are made of.

The Kovsie Ambassador Award is bestowed upon a current student whose achievements have brought him/her distinction, benefited his/her community, and brought credit to the UFS.

Crystal-Donna Roberts graduated with a BA Drama and Theatre Arts (UFS) in 2005. She is an active television, theatre and film actress who has appeared in a multitude of theatre productions in addition to starring in Afrikaans soap opera “7de Laan, Getroud Met Rugby, Montana” and “Vallei van Sluiers” in which she won public favour. She is currently playing the lead role in the internationally acclaimed film, “Krotoa” which has won numerous awards including Best Film at the Harlem International Film Festival in New York. It also won the Award of Excellence at the International Film Festival for Women: Social Issues and Zero Discrimination, and many more.

Franco Smith, Director: Free State Rugby and Assistant Coach: Springboks. He graduated with a BA Human Movement Sciences (UFS) in 1996 and began his career in rugby in 1999 when he was selected for the Free State Under-18 Craven Week team. He became a regular on the Free State Under-20 and the UFS Shimlas teams prior to his Free State Cheetahs debut in 1992. Franco was reappointed backline coach of the Cheetahs and head coach of the Shimlas in 2015. With many accolades to his name an illustrious career in coaching and management over the years, the name Franco Smith should not be foreign to true rugby connoisseurs.

The Rector and Vice-Chancellor, Prof Francis Petersen, congratulated all the award recipients: “I applaud all alumni; you have made the city of Bloemfontein and the whole province proud.” The National Executive Alumni Chairperson, Dr Pieter du Toit, congratulated the award recipients and thanked the leadership of the university as well as the event organisers.

The awards signify the great esteem with which the UFS holds its alumni and the community that helps to drive its vision, cherish its history and pave the way for more outstanding Kovsies of the future.

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