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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

SASOL TRAC laboratory launched at UFS Qwaqwa Campus

2006-05-08

Some of the guests attending the launch of the Sasol TRAC Laboratory at the University of the Free State's (UFS) Qwaqwa Campus were from the left Prof Peter Mbati (Principal of the Qwaqwa Campus), Mrs Zimbini Zwane ( Communications Manager of Sasol Infrachem), Prof Gerhardt de Klerk (Dean : UFS Faculty of the Humanities), Prof Fred Hugo
Director of TRAC SA) and Prof Jack van der Linde (Director of RIEP at the UFS).

SASOL TRAC laboratory launched at UFS Qwaqwa Campus

The Research Institute for Education Planning (RIEP) of the University of the Free State (UFS) today unveiled the Sasol TRAC Laboratory at its Qwaqwa campus.

The laboratory will be used to help grade 10, 11 and 12 learners and educators from the Qwaqwa region to conduct the experiments from the physical sciences outcome-based curriculum.

“The Sasol TRAC Laboratory introduces learners not only to the latest technology used by engineers and other scientists in practice but also to stimulate the learner’s interest in the field of science in such a way that more of them will enter into science related careers,” says Mr Cobus van Breda, Co-ordinator of the TRAC Free State Regional Centre.

According to Mr van Breda the newly established Sasol TRAC Laboratory will enable RIEP to train learners and their educators in Physical Sciences. The laboratory will consist of six work stations equipped with computers and electronic sensors.

“Learners from the Qwaqwa region will visit the Sasol TRAC Laboratory on regular basis to conduct experiments based on the curriculum. Data will be collected with electronic apparatus and presented as graphs on the computer so that results can be analysed and interpreted,” says Mr van Breda.

“There is a serious shortage of suitable qualified teachers in maths and science in the Qwaqwa region. Many schools in the region are not yet part of the RIEP project and are in dire need of assistance. A large number of these schools are in remote areas not reached regularly by intervention programmes,” says Prof Peter Mbati, Principal of the UFS Qwaqwa Campus.

“The establishment of the Sasol TRAC Laboratory at the Qwaqwa Campus provides us the opportunity to engage with our community and assist in the development and training of these vital education subjects. We are pleased that Sasol agreed to fund the project,” says Prof Mbati.

Students from the Qwaqwa Campus will also benefit from the TRAC programme. “Some promising students will also undergo further training and become assistants for the TRAC programme,” says Prof Mbati.

“Nurturing science and mathematical skills is of great importance in growing our national economy. Annually, Sasol invests more than R50 million in supporting mathematical and science education in South Africa. Our primary aim is to increase the number of learners gaining access to tertiary education in the science fields. Therefore, our Corporate Social Investment (CSI) education interventions at secondary school level focus on educator development and direct learner interventions such as the Sasol TRAC Laboratory,” explains Ms Pamilla Mudhray, CSI and SHARP manager at Sasol.

According to Ms Mudhray the implementation of the National Curriculum Statement for physical sciences in the further education and training (FET) phase from 2006, under resourced schools will need greater access to the tools and equipment necessary to teach the syllabus and fulfil the ideals of the curriculum.

TRAC South Africa is a national non-profit programme focused on supporting and expanding science, mathematics and technology education in secondary schools. The programme was first introduced to South Africa in 1994. In 2005, RIEP established the TRAC Free State regional centre on the UFS Main Campus in Bloemfontein.

Media release
Issued by: Lacea Loader
Media Representative
Tel: (051) 401-2584
Cell: 083 645 2454
E-mail: loaderl.stg@mail.uovs.ac.za
5 May 2006

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