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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

OSM opening concert 2012

2012-03-02

The OSM Camerata is going to shine in the very first annual OSM opening concert.
1 March 2012

OSM opening concert 2012 with the OSM Camerata
Conductor: Nicholas Nikolaidis
Date: 1 March 2012
Venue: Odeion
Time: 19:30

The OSM opening concert 2012 with the OSM CAMERATA will be streamed live on the internet with the generous support of OSM partner, LA MUSE AUDIO & LIGHTING (www.ufs.ac.za/ufslivestreaming) in collaboration with the UFS LIVE STREAMING UNIT.

The OSM Camerata is going to shine in the very first annual OSM opening concert. The ensemble will be conducted by Nicholas Nikolaidis. The programme includes excerpts from Stabat Mater (Pergolesi), Romanian Folk Dances (Bartók), Pelimannit (Rautavaara), Elegy (Grové) and Purple Haze (Hendrix). since 2011, the Odeion School of Music has embarked on a new, innovative strategy striving towards uncompromising excellence and internationalisation, which includes the A-List scholarship programme and a new flagship chamber ensemble, the OSM Camerata. Talented South African, conductor/tenor Nicholas Nicolaidis, (runner-up in the First National Len van Zyl Orchestral Conducting Competition) will take the stage for the inaugural concert of the OSM.

Nicholas started his conducting career at an early age while still in the Drakensberg Boys’ Choir School. Professionally his first conducting post was as choirmaster and conductor of the choir and band at Pridwin Preparatory School (Melrose, Johannesburg) in 1996.

Following his appointment in April 1997 as the Musical Director of Côr Meibion Cymru de Affrig (The Welsh Male Voice Choir of South Africa), he conducted the choir for seven years, producing three albums. One of the highlights was the performance at the Royal Albert Hall in London in October 2000 for the Millennium Festival of Male Voice Choirs.

His orchestral conducting debut was in 1998 at the Johannesburg City Hall where he conducted the Johannesburg Festival Orchestra and the Symphony Choir of Johannesburg in a few items of ‘Last Night of the Proms’. Selected conducting performances include the Chanticleer Singers in a performance of Schubert’s Mass in G at the Holy Trinity Church (Braamfontein, Johannesburg) in 2002, and the Johannesburg Camerata, a chamber orchestra consisting of talented young performers, during their winter season in 2005.

In 2006, Nicholas enrolled at Stellenbosch University for a Master’s degree in Choral Conducting under the direction of the Norwegian pedagogue, Kåre Hanken. During this time, he also conducted the Johannesburg-based chamber choir, Collegium Vocale. He conducted the Johannesburg Chamber Wind Ensemble from 2006 to 2008.

In 2009, he conducted the Johannesburg Festival Orchestra in a programme of music by Leroy Anderson, the vocal ensemble, In Verse, and the Chanticleer Singers during their Christmas season. Nicholas was also the winner of the inaugural Young Choral Conductors Competition held during the Stellenbosch International Choral Conducting Symposium in March 2009.

In February 2010, he was awarded the Silver Medal in the inaugural Len van Zyl Conducting Competition held in conjunction with the Cape Philharmonic Orchestra. During the Easter period of 2010 he conducted Cantamus Corde in a performance of JS Bach’s St John’s Passion, whilst also singing the role of the Evangelist.

Nicholas has also appeared as guest conductor of the Philharmonia Choir of Cape Town in a concert with music by Ramirez and Klatzow. In that year he also conducted the gala Concert of the Brooklyn Theatre (Pretoria).

Refreshments will be on sale before and after the concert.

Admission:
R60 (adults)
R40 (pensioners, students and learners)
Tickets available at Computicket.

Enquiries:
Ninette Pretorius (Tel: +27(0)51 401 2504)

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