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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

More grey areas than just black and white in history?
2017-12-15


Description: Abraham Mlombo readmore Tags: Historic, historian, International Studies Group, ISG  

Dr Abraham Mlombo: As a historian, he draws energy
from the people surrounding him.
Photo: Charl Devenish


 

Very few people understand that their actions and views within a territory stem from their roots or history. To enlighten the reading man on the composition of his base and the intricacies of the powers that are at play, is the work of historians.

Dr Abraham Mlombo is one of these historians, stationed within the International Studies Group at the University of the Free State (UFS).

This research group consists of postgraduate researchers, postdoctoral fellows, and academic staff that focus on African history, although they depart from more traditional study methods  a more global perspective. To date, Dr Mlombo's research examined the historical relations between South Africa and Southern Rhodesia. It was a broad study of the political, economic, social, and cultural relations from 1923 to 1953. He plans to continue by truly exploring the connections between South Africa and the region, and how they shaped one another. Dr Mlombo's interests in cross-border history and politics were inspired by his master’s degree in Political Science at Stellenbosch University. He researched his PhD at the UFS.

He draws energy for his work from the people surrounding him, and likes to be part of new experiences with people from different backgrounds. He feels such environments shape the way one works, as well as one’s world view. Dr Mlombo hints that sometimes, and specifically in South Africa, people focus very narrowly on their history and forget that many international links are at play. He sees his work as a historian to help open people's horizons.

Dr Mlombo suggests that future research should include a more critical analysis of how things unfolded during the second half of the 20th century. Writings should include more social- and people-oriented history, because he thinks there are more grey areas than just black and white. Many more interrogations must also follow into the assumptions of historical events and the individuals who played the greatest roles in Southern Africa.

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