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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

School of Medicine – heartbeat of the UFS

2015-06-24

Photo: Charl Devenish

During the past year, the School of Medicine at the University of the Free State celebrated several successes in the field of research and cooperation agreements. These successes allow the school to continue delivering world-class teaching to some of the country’s top students.

Earlier this year, a research team from the Department of Medical Microbiology under the guidance of Prof Felicity Burt, received a grant of R500 000 to conduct research on Congo fever (CCHF). Prof Burt is an internationally-recognised expert on Congo fever. The funding that has been awarded will be used to profile immune responses against CCHF viral proteins, and investigate mechanisms and strategies to enhance these immune responses. This study may contribute to the development of a vaccine against this deadly virus.

Prof Stephen Brown from the Department of Paediatrics and Child Health’s expertise and commitment to paediatric cardiology gained him the title of Bloemfonteiner of the Year. Under the leadership of Prof Brown, the department has performed many breakthrough operations and procedures. The most recent of these, was the first hybrid procedure in the country which was performed in November 2014. The department also has an ultramodern hybrid heart catheterisation suite.

Prof William Rae from the Department of Medical Physics focuses on medically-applied radiation. Together with his department, they are looking at quantitative radiation dosages. The research is particularly crucial for the successful treatment of cancers. Through this research, it is possible to ensure that patients receive the appropriate radiation dosages in order to obtain the desired effect without the patient being affected negatively.

Dr Nathanial Mofolo, Head of the Department of Family Medicine in the School of Medicine, is since 2006 involved at various levels of hospital management regarding quality assurance, patient safety, clinical and infection management, as well as administration. He is currently curator of internal medical students for four of the UFS’s teaching hospitals. His department is currently focusing on the National Health Plan, HIV and tuberculosis, teaching and learning, as well as service delivery in family medicine.

Prof Francis Smit manages the team that, to their knowledge, decellularised the first primate heart. The method has been applied successfully on rat and pig hearts by researchers in America. Recently the team also successfully cultivated beating heart cells ? those of a rat ? in their laboratories. The research is in line with what researchers in Europe and America are working on. In the long run, the research project aims to attempt ‘building’ a heart that could be used for the purposes of organ donation.

The UFS is also home to the only metabolic research unit in the country. The unit was established to focus research on obesity, type II diabetes, metabolic bone diseases and all related diseases. This includes diseases such as diabetes, cholesterol, cancer, psoriasis, lymphoedema, fatigue, high blood pressure, gout, arthritis, fibrosis, skin disorders, PMT, migraine, insomnia, gall and kidney stones and related infections, and obstructive sleep apnea. The unit is a joint initiative between the UFS and Christo Strydom Nutrition. Mr Christo Strydom, a nutritionist and world renowned in the treatment of lymphoedema, invested R5 million in the establishment of this unit at the UFS. Christo Strydom is also the founder and owner of Christo Strydom Nutrition.

The School of Medicine at the University of the Free State is the only unit on the continent offering in-depth modules in clinical simulation. The Clinical Simulation Unit on the Bloemfontein Campus of the UFS, headed by Dr Mathys Labuschagne, is regarded as the flagship unit of the school and boasts high-technology equipment where students can practice their clinical skills before applying those skills in the real world.

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