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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

Multidisciplinary conference on TB control

2003-09-22

Theme: Tuberculosis control: a multidisciplinary approach to research, policy and practice Venue: CR Swart Auditorium, University of the Free State Campus, Bloemfontein Date: 11 and 12 November 2003 Time: 11 November, 19:00-20:30 AND 12 November 08:30-17:00

Tuesday, 11 November - 19:00-20:30 (registration from 18:30) and Wednesday, 12 November - 08:30-17:00 (registration from 07:30)

The Honourable MEC for Health in the Free State will officially open the Conference on the evening of 11 November, while Prof Frederick Fourie (Vice-Chancellor and Rector of the University of the Free State) will attend to the welcoming. In addition, Prof Françoise Portaels (Institute of Tropical Medicine, Belgium) and Dr Refiloe Matji (National Department of Health, South Africa) will respectively present a global and a South African perspective on TB. The majority of the presentations will follow on 12 November.

Main thrust of Conference

The main thrust of the Conference is to disseminate both research results and policy/managerial matters relevant to TB and TB control, and to facilitate discourse among researchers and health policy makers/managers/practitioners in the field of TB control. Presenters of papers, as well as delegates are, therefore, drawn from both academic/research institutions, and from health service sectors involved in TB control in all provinces and in neighbouring countries.

Topics of presentations

A variety of topics will be dealt with during presentations, such as: New challenges in the global control of MDR-TB New strategies and policies on MDR-TB in South Africa A South African perspective on TB control A provincial perspective on implementing the national TB control policy

The role of the public district hospital in TB control Tuberculosis control through DOTS Case detection strategies

TB in children Hospital to clinic: is this the missing link? Patient compliance with DOT for TB Challenges for effective health communications in a multicultural context

The economics of TB Frequency of multiple infections with M. tuberculosis in pulmonary TB patients HIV/AIDS and TB, etc.

Speakers

Among the speakers will be Dr Victor Litlhakanyane (Head of Health: Free State); Prof Françoise Portaels and Dr Leen Rigouts (Institute of Tropical Medicine, Belgium); Dr Reliloe Matji (Director: NTBC Programme); Ntsiki Jolingana (Director: HIV, AIDS, TB and Communicable Diseases, Free State) and Annatjie Peters (Free State TB Coordinator); Dr Karin Weyer (Medical Research Council); Profs Herman Meulemans, Diana De Graeve, Luc Pauwels and Christiane Timmerman (University of Anwerp, Belgium); Dr Lara Fairall (UCT Lung Institute, University of Cape Town); Prof Frikkie Booysen (Department of Economics, University of the Free State); Christo Heunis, Ega Janse van Rensburg-Bonthuyzen, Zacheus Matebesi and Kobus Meyer (CHSR&D); Dr Mary Ednington (School of Public Health, Wits); Dr Carmen Báez and Sabine Verkuijl (ISDS); Anneke Van der Spoel-Van Dijk (Medical Microbiology, University of the Free State).

Costs

There will be no registration fees. However, delegates are expected to arrange their own transport and accommodation, or arrange for sponsorships themselves.

Contact details in case of inquiries and confirmation:

Postal Address: The Director, CHSR&D, PO Box 339, University of the Free State, Bloemfontein, 9300 Fax: 051 448 0370 Tel: 051 401 2181 OR 051 401 3256 E-mail: vrensh@mail.ufs.ac.za (Dingie van Rensburg) OR neljc@mail.ufs.ac.za (Ohna Nel)

PLEASE, CONFIRM YOUR ATTENDANCE AS SOON AS POSSIBLE, BUT AT THE LATEST BEFORE 25 OCTOBER 2003 ? BY TELEPHONE, FAX OR E-MAIL.

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