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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 to award honorary doctorate to Maria Ramos

2004-12-08

The Council of the University of the Free State (UFS) recently approved the awarding of an honorary doctorate to Ms Maria Ramos, Group Chief Executive of Transnet in April 2005. A total of five honorary doctorandi will be honored.

The other doctorandi are Proff Jan Groenewald (D Sc (hc)), Jaap Durand (D Phil (hc)), Sampie Terreblanche (C Dom (hc)) and Anthon Heyns (MD (hc)).

Me Ramos will receive an honorary doctorate in Economics (P hD (Economics) (hc)) for the large contribution she made to the establishment of a prudent fiscal and macro-economic policy in South Africa and hence, to the restoration of the financial credibility of the country in the eyes of domestic and foreign investors. Ms Ramos was the Director General of the National Treasury from 1996-2003.

She obtained the MSc-degree in Economics in 1992 from the University of London and was awarded a British Council Scholarship (Helen Suzman award) in the same year and in 1991. During the early nineties she was among others project leader of the ANC’s Macro-economic Research Group and also a member of the team that negotiated chapters on finance in the interim Constitution of South Africa. She was a research associate at the Centre for the Study of the South African Economy and International Finance at the London School of Economics and also lectured at the Universities of South Africa and the Witwatersrand.

“It is a great privilege for us to honor Ms Ramos and the other doctorandi in their different fields of expertise. This once again serves as an example of the UFS’s policy to give recognition to people who excel and make a difference,” said Prof Frederick Fourie, Rector and Vice-Chancellor of the UFS.

Prof Jan Groenewald will receive an honorary doctorate for his life-long commitment to the establishment and development of Agricultural Economics as a subject field in South Africa and in Africa and his various contributions to the UFS. During his career, Prof Groenewald received various awards among others in 1998 when he received the Stals Prize for Economics from the South African Academy for Science and Art and in 1990 when he received an honorary medal from the South African Society for Agricultural Economics.

Prof Jaap Durand will receive an honorary doctorate in Philosophy for his pioneering work on various fields in the South African society. He obtained his Masters degree in Philosophy from the UFS and contributed to almost 60 articles and collections. Prof Durand has a colourful career as academic manager: from professor in Systematic Theology and dean of the Faculty of Theology at the University of the Western Cape to Deputy Vice-Chancellor of the same university. He was the ombudsman of the University of Stellenbosch from 2002-2003.

Prof Sampie Terreblanche will receive an honorary doctorate in Economics for the important role he played, and is still playing, to keep the debate about and the need for socio-economic and socio-political reform in South Africa going. Prof Terreblanche started his career as a lecturer at the UFS. In 1992 the Stals Prize for Economics was awarded to him by the South African Academy for Science and Art. Prof Terreblanche was also a founding member of ASSET, an organisation addressing the problems of poverty, inequality and social injustice in South Africa.

Prof Anthon Heyns, Chief Executive Officer of the South African National Blood Service, will receive an honorary doctorate in Medicine. Prof Heyns is a well-known international researcher in Hematology and recently received a Centenary Medal from the UFS for his strong role and national prominence as expert and leading figure in establishing and developing Hematology at the UFS. He was the first head of the UFS’s Department of Hematology and is also co-editor of the only Afrikaans hand book of Hematology. He serves among others as a council member and member of the executive management of the South African Medical Research Council. On the international front he serves on at least five committees of the World Health Organisation based in Geneve, Switzerland. He has two honorary appointments as professor respectively at the UFS and University of the Witwatersrand.

Media release
Issued by: Lacea Loader
Media Representative
Tel: (051) 401-2584
Cell: 083 645 2454
E-mail: loaderl.stg@mail.uovs.ac.za
8 December 2004

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