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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

The mysterious origins and problematic significance of the Postamble
2014-10-20



Prof André du Toit (UCT) and Prof Pieter Duvenhage (UFS)
Emeritus professor from UCT’s Department of Political Studies, Prof André du Toit, delivered a presentation at the Bloemfontein Campus on 14, 15 and 16 October 2014 respectively. His presentations gave an in-depth exploration of the Postamble as founding text of the South African Truth and Reconciliation Commission (TRC).

This event was hosted by the Institute for Reconciliation and Social Justice, in collaboration with the Department of Philosophy.

Prof Du Toit’s papers were entitled:
•    A Need for Truth: Amnesty and the Origins and Consequences of the TRC Process.
•    Tracking down a belated and inconclusive amnesty pact: The obscure origins and problematic significance of the 'Postamble' as founding text of the TRC process (Part 1 and 2).

In his presentations he explored how the text of the Postamble came to be written. He also scrutinised the respective contributions of those who were involved in drafting the text. The significance of the Postamble – as it is understood in its historical context – was also a point of discussion.

Prof Du Toit raised some thought-provoking questions during the three days. What is the relation of the amnesty provision of the Postamble with the subsequent TRC amnesty process? How did a text without any particular reference to a truth commission come to function as founding text and discursive framework for the TRC?

He also investigated some of the main problems with the history and significance of the Postamble, as well as its mysterious origins. In addition, Prof Du Toit conducted a critical analysis of a set of newly-identified drafts of the text.

One of Prof Du Toit’s most substantive inquiries, though, was into the question: Was the amnesty provision of the Postamble the product of an underlying amnesty ‘pact’ between the NP government and the ANC?


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