Latest News Archive

Please select Category, Year, and then Month to display items

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

A new dawn for student governance

2011-09-02

Our SRC presidents: Richard Chemaly (Bloemfontein Campus) and Bongani Ncgaca (Qwaqwa Campus)
Photo: Hannes Pieterse

Photo Gallery

The successful and peaceful completion of the University of the Free State’s (UFS) Student Representative (SRC) elections 2011 herals a new dawn for student governance with the announcement of the results today (1 September 2011).

The SRC elections at the Qwaqwa Campus were completed on 25 August 2011, while the elections at our Bloemfontein Campus took place on 29 and 30 August 2011.

“A new dawn heralds a new day when Richard Chemaly, the son of Lebanese immigrants becomes President of an SRC, as elected by students from all racial backgrounds and from across the student body at large. A new day has arrived when candidates could have won voter support across racial lines; a new day is here when all SRC members are now recognised leaders on the basis of academic accountability,” the Dean of Student Affairs, Mr Rudi Buys, says.

A new dawn has arrived; firstly, insofar as student elections for the choice of student leaders at the UFS now proceed according to a non-racial and a non-party political basis.

Not only did the SRC elections at both the Bloemfontein and Qwaqwa Campuses achieve its required quorum, with 31% (4 729 votes) and 50% (2 112 votes) voter turnout, respectively, but the SRC elected by students at the Bloemfontein Campus is 55% black and 45% white, and 60% female and 40% male. The numbers of votes gained by successful candidates also indicate that voters from all racial backgrounds have voted for their candidates of choice.

Secondly, a new dawn has arrived insofar as student governance occupied by only some student groups claiming to speak on behalf of all students has made way for direct voting for candidates by the broad student body and the threefold increase of student governance structures on campus.

Not only did all students at our Bloemfontein and Qwaqwa Campuses (a total of 15 173 and 4 257, respectively) have the opportunity to participate in voting directly, but nine additional Student Councils were established at our Bloemfontein Campus that each holds an ex officio seat on the SRC and allows for student governance in all the major student sectors of the student body, such as for postgraduate students, international students and all categories of student associations.

The various councils now established include the Student Academic Affairs Council, the Student Associations Council, the Postgraduate Student Council, the International Student Council, the Student Media Council, the Residences Student Council, the Commuter Student Council and the Rag Community Service Fundraising and Service Councils. In addition, all faculties also introduced student representative structures at departmental and faculty level in 2011 to ensure student participation in faculty management and governance.

The SRC members at the Bloemfontein Campus are:

Elective portfolios:
President: Mr Richard Chemaly
Vice-President: Mr Lefata David Maklein
Secretary: Ms Matshepo Ramokgadi
Treasurer: Mr Werner Pretorius
Arts & Culture: Ms Alta Grobelaar
Accessibility & Student Support: Mr William Clayton
First-generation Students: Ms Petre du Plessis
Media, Marketing & Liaison: Ms Biejanka Calitz
Sport: Mr Bonolo Thebe
Student Development & Environmental Affairs: Ms Busisiwe Madikizela
Transformation: Ms Qaqamba Mhlauli

Ex officio portfolios:
Dialogue & Ex officio: Associations Student Council: Mr Anesu Ruswa
Academic Affairs & Ex officio: Academic Affairs Student Council: Mr Jean Vermaas
Residence Affairs & Ex officio: Campus Residences Student Council: Ms Mpho Mokaleng
City student Affairs & Ex officio: Commuter Student Council: Ms Annemieke Plekker
Postgraduate Affairs & Ex officio: Postgraduate Student Council: Ms Glancina Mokone
International Affairs & Ex officio: International Student Council: Mr Pitso Ramokoatsi
Student Media Affairs & Ex officio: Student Media Council: Ms Nicole Heyns
RAG Community Service & Ex officio: RAG Fundraising Council: Ms Iselma Parker
RAG Community Service & Ex officio: RAG Community Service Council: Ms Motheo Pooe

In the Qwaqwa elections, SASCO achieved 36,84% of the vote, with SADESMO, PASMA and NASMO each achieving 29,73% and 18,56% and 12,74%, respectively .

Mr Bongani Ncgaca was elected as the President of the SRC at our Qwaqwa Campus, while the names of the SRC members at the campus will be announced on 7 September 2011.

The Central SRC will be established on 8 September 2011 by a joint sitting of the two SRCs.

The successful completion of the SRC elections at the Bloemfontein Campus follows a yearlong review process of student governance by a Broad Student Transformation Forum (BSTF) that consists of 59 delegations from student organisations and residences. The BSTF adopted independent candidacy for elective portfolios and additional student councils to provide ex officio seats on the SRC as the template for student governance, following the consideration of a series of benchmarking reports on student governance nationally and internationally.

The UFS Council adopted the new SRC Constitution, as drafted and submitted by the BSTF, on 3 June 2011.

Media Release
1 September 2011
Issued by: Lacea Loader
Director: Strategic Communication
Tel: 051 401 2584
Cell: 083 645 2454
E-mail: news@ufs.ac.za

Back

Economic and Management Sciences

Education

Health Sciences

The Humanities

Law

Natural and Agricultural Sciences

Theology and Religion

Open Distance Learning

Business School

We use cookies to make interactions with our websites and services easy and meaningful. To better understand how they are used, read more about the UFS cookie policy. By continuing to use this site you are giving us your consent to do this.

Accept