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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

Public Protector visited Faculty of Law
2005-09-23

On 21 September 2005 the Public Protector visited the Faculty of Law.  This event took place at 10:00 in the Senate Hall of the CR Swart Building, after which a light lunch was served for the delegates and staff of the Faculty.

The purpose of the visit was to spell out the roles, functions and powers of the Public Protector, to promote public awareness and transparency and to increase contact between the Faculty and the Public Protector.  Sufficient time was allowed to answer all the questions posed by various parties, and brochures were made available.

All law students and staff members of the Faculty were invited to the occasion.  The presentations also included information regarding career possibilities for students with the Public Protector’s office.  This organization is more than willing to involve students in community service projects and would keep in contact with the Faculty in this regard.

All the representatives of the Public Protector’s office who visited the Faculty are in the law profession:

The following persons made presentations:

Mr P Nthotso:  Independent Complaints Directorate
Ms L Mdalane: Directorate of Special Operations – Scorpions
Ms M Thetlhu: South African Human Rights Commission
Mr A Madiba:  Office of the Public Protector.

The persons mentioned above were accompanied by their supervisors, viz. Mr L Mashee (Head Public Awareness, Free State) and Ms SD Griessel (Provincial representative for the Public Protector, Free State).  A further two employees of the Public Protector attended as observers, viz. Mr T Kgabeginyane and Mr MR Matlesoane.

The Public Protector functions independently and reports directly to Parliament.

Staff and students found the visit very informative and valuable contacts were made in the process.

 



Back from left:
Ms Michelle Havenga (President of the Faculty of Law's Juridical Society ), Ms Masego Thethu (South African Human Rights Commission), Ms  Lebo Mdalane (Directorate Special Projects of the Scorpions) and Mr  Pieter Nthotso (Independent Complaints Directorate).
Front from left: Mrs Soné Griessel (Provincial Representative of the Public Protector in the Free State) and Prof Carel van der M Fick (Head:  Department of Criminal Procedure and Philosophy of Law at the UFS Faculty of Law).

 

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