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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

Researchers urged to re-emphasise regeneration of grassroots
2013-10-23

23 October 2013

Institutions of higher learning have a critical role to play in the promotion and protection of indigenous knowledge systems. This is according to Dr Mogomme Masoga, UFS alumnus and Senior Researcher with the Development Bank of Southern Africa (DBSA).

Dr Masoga was addressing the 6th annual Indigenous Knowledge Systems (IKS) Symposium at the University of the Free State’s Qwaqwa Campus.

“The time has come for local communities rich with knowledge to be taken seriously by the researchers doing their work in those respective communities,” argued Dr Masoga.

“Power relations between the researcher and the communities involved in the research process should be clarified. The same applies to the ownership and control of knowledge generated and documented in a community.

“There is an increasing need for democratic and participatory development in our communities. This can be achieved by giving primacy to the interests, values and aspirations of the people at large. There must be a radical move from prevailing paradigm of development that suffers from relying on coercion and authoritarianism. There is a need to associate development with social needs. This will give validity and integrity to the local communities, thereby giving confidence to the leaders and their constituencies.”

Dr Masoga said that the time has come for African universities in particular to “de-emphasise factors that monopolise attention today. Factors like debt crisis, commodity prices and foreign investment, among others, must be replaced by emphasis on the regeneration of the grassroots. Many African universities and research institutions have not lived up to their responsibilities as guiding lights to the continent. However, all is not lost.

“The current global race for knowledge works against so-called developing countries, especially in Africa. There is a far greater need to have a code of ethics drawn up for researchers engaging with local communities, to ensure the promotion and protection of indigenous knowledge systems.”

Meanwhile, a cross-section of papers were also delivered during the symposium. These ranged from Moshoeshoe’s lessons in dealing with poverty alleviation as presented by Dr Samuel Mensah, Department of Economics, to indigenous grasses of Qwaqwa by Prof Rodney Moffett, Department of Plant Sciences. Also presenting lectures were Phephani Gumbi, African Languages; Tshele Moloi, School of Mathematics; Natural Sciences and Technology Education and Dr Tom Ashafa (Plant Sciences).

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