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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

Enhancement of social justice focus at research colloquium

2010-10-07

At the third Education for Social Justice Research Colloquium the publication Praxis towards sustainable empowering learning environments in South were handed to Prof. Ezekiel Moraka, Vice-Rector: External Relations at the UFS. At this occasion were, from the left: Prof. Dennis Francis, Dean of the UFS Faculty of Education; Prof. Sechaba Mahlomaholo, Research Professor in the Faculty of Education Sciences at the North-West University; Prof. Moraka; and Dr Milton Nkoane, Senior Lecturer in the UFS Faculty of Education.
Photo: Leonie Bolleurs

This year, the University of the Free State (UFS) was the host for the Research Colloquium: Education for Social Justice for the very first time. It is the third time that this colloquium has been presented.

Prof. Ezekiel Moraka, Vice-Rector: External Relations at the UFS, opened the colloquium, stating that academics, through their research, are ultimately in a good standing to advise government on important issues such as social justice for them to address these issues accordingly.

Prof. Sechaba Mahlomaholo, Research Professor in the Faculty of Education Sciences at the North-West University, delivered the opening address on the theme: Validating community cultural wealth towards sustainable empowering learning environments for social justice. He said that the legacy of our recent past as South Africa still continues to haunt us, especially as exemplified in the dysfunctionalities that are rife in our education.

“With the colloquium we manage to bring together the ideas, thoughts, resources and efforts of educators and/or educationists concerned with the creation of a more equitable, equal, free, hopeful, peaceful and socially just society. Through our teaching, our community engagement and research activities we strive towards a more humane, caring, respecting and respectful South Africa and the world,” he said.

According to Prof. Mahlomaholo, education and its research are some of the most potent mechanisms at the very centre of social transformation. The papers at the colloquium focused on investigating, understanding and responding to issues of amongst others:

The medium of teaching and learning which continues to be a barrier to many learners to perform to the best of their abilities in the majority of the education institutions in South Africa;
Health, sexuality, HIV/Aids, stigmatisation and other deseases plaguing our communities currently;
Self-fulfilling prophecies and stereotypes about some learners not being as intelligent as the rest and this finally being reflected and confirmed in their poor academic achievements;
Differentiated levels of parental involvement in the activities of their children’s learning due to long absences from their families as they have to work in far-off places of employment;

Papers delivered at the colloquium moved beyond merely identifying the problems; they also suggested possible and plausible research-based solutions to these, such as integrating HIV/Aids education in curricula, listening to the aspirations of significant stakeholders such as mothers and parents generally in teaching and facilitating more rigorous community engagement practices.

At the colloquium gala dinner the book Praxis towards sustainable empowering learning environments in South Africa by authors Dr Milton Nkoane, Senior Lecturer in the UFS Faculty of Education, Prof. Mahlomaholo and Prof. Dennis Francis, Dean of the Faculty of Education at the UFS, was launched. The publication consists of a collection of the best peer-reviewed papers from a conference with the theme Creating sustainable empowering learning environments through scholarship of engagement. The main criterion for inclusion was that the paper should contribute to the theme by means of an original, tight, theoretical and empirical study conducted with the aim of informing the practice of creating sustainable empowering learning environments. The concrete cases examined in many of the chapters are very useful to helping readers understand the specific, on-the-ground concerns related to higher education and schools.

Media Release
Issued by: Leonie Bolleurs
Strategic Communication
Tel: 051 401 2707
Sel: 0836455853
Email: bolleursl@ufs.ac.za
30 September 2010

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