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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

Student Court is ready to exercise its legal power
2015-09-07

 

Student disputes at the University of the Free State (UFS) will be regulated henceforth by the Student Court that has been re-established at the Bloemfontein Campus. The Student Court will offer practical training to law students thus strengthening their theoretical knowledge to produce employable graduates.

The Student Court was launched on Friday 21 August 2015, cultivating a self-determined studentship and citizenship, of which South Africa can be proud.

Advocate Barry Roux, Oscar Pistorius’s defence attorney, Judge Lebotsang Bosielo, of the South African Supreme Court of Appeal, Profs Caroline Nicholson, Dean of the Faculty of Law, and Teuns Verschoor,  Chairperson of the UFS  Disciplinary Board, attended this auspicious event.

During his keynote address, Adv. Roux said the Student Court serves as a stepping-stone in the practice of integrity, respect, and preparedness within the law profession.

“Young professionals have a mandate to excel. No matter what, stick to honesty and the truth. If you want to be a role model and make your family proud, do more.” he advised.

Judge Lebotsang Bosielo urged students to use “the rare opportunity to practise and uphold the law with austerity.”

“You should broaden the knowledge of substantive law, law of evidence, procedural law, and the Constitution of South Africa. Opportunities such as the Student Court enable law students to strengthen the practice of theory beyond the parameters of the lecture rooms,” he emphasised.

The re-establishment of the Student Court was initiated by Lindokuhle Ntuli, Student Representative Council (SRC) member on Legal and Constitutional Affairs. The UFS Council approved the proposal for the court in 2006, but it had remained inactive since then. It was not until 2014 when Lindokuhle assumed office that the concept was revived.

“As an independent body, the Student Court is ready to exercise its legal powers with the aim of establishing a student community and a culture of student governance committed to justice, equality, and accountability,” he said.


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