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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

UFS welcomes Prof Francis Petersen as new Vice-Chancellor and Rector

2017-04-02

Prof Francis Petersen takes up office as the 14th Vice-Chancellor and Rector of the University of the Free State today.

“On behalf of the UFS Council and the university community, I would like to welcome Prof Petersen to the university. He brings to the UFS a distinguished academic record, confident leadership, innovative thinking, and an understanding of the extent of the challenges being experienced by universities in the broader South African context,” says Mr Willem Louw, Chairperson of the UFS Council.

“I am excited to join the UFS and look forward to meeting the university community, to get to know the three campuses, and to engage with staff and students. In a way, it was a natural progression for me to be appointed in this position, having been Dean of the Faculty of Engineering and the Built Environment at the University of Cape Town (UCT), and then Deputy Vice-Chancellor: Institutional Innovation at the same university. On the other hand, I believe that universities in South Africa need strong and innovative leadership. I would like to make a contribution to the higher-education system in this regard. Moreover, I regard the UFS as a very good university, and see my challenge in taking the UFS to the next level,” says Prof Petersen.

“Challenges and making a difference motivate me – whether complex or simplistic, the opportunity to be able to provide solutions and taking people with me while developing these solutions, is what ultimately motivates me.”

“It is important that different viewpoints are respected. The UFS must be a place where everyone feels welcome. There must be a strong sense of belonging; staff and students must feel they are making a contribution to the university,” he says.

According to Prof Petersen, the major challenge for the university is its institutional climate. “My focus would be to strive towards creating an institutional climate of inclusivity, respect for one another, valuing diversity in all its forms, and to make the university a welcoming place. The UFS is in the process of developing an Integrated Transformation Plan (ITP) that will serve as the road map to address the institutional climate challenge, but will also assist (if implemented effectively) in excelling the UFS in areas of teaching and learning, research and innovation, and community engagement through scholarship,” says Prof Petersen.

“I am a good listener, I am outcome-based, and my vision for the university includes diversity, inclusivity, and academic excellence,” he says.

Prof Petersen was born in Oudtshoorn and grew up in Malmesbury in the Western Cape, where he also matriculated. He graduated from Stellenbosch University with a BEng (Chem Eng), MEng (Metal Eng), and PhD (Eng) degrees and completed a short course on Financial Skills for Executive Management. He is a recipient of the Ernest Oppenheimer Memorial Trust Award for research excellence, and was visiting professor at the Cape Technikon and extraordinary professor in the Department of Chemical Engineering at Stellenbosch University. He is a regular reviewer of journals, and member of a range of editorial boards for international journals. He is also a registered professional engineer with the Engineering Council of South Africa and a Fellow of both the South African Institute of Mining and Metallurgy, and the South African Academy of Engineers.

He brings to the position of Vice-Chancellor and Rector his extensive experience of management in both the industry and academic sectors. He has been the executive head of strategy at Anglo American Platinum and head of the Department of Chemical Engineering at the Cape Technikon (now Cape Peninsula University of Technology). Among others, he previously served as member on the Board of the Council of Scientific and Industrial Research, the National Advisory Council on Innovation, and the Council of the Academy of Science of South Africa.

Prof Petersen is married and has two sons. He was appointed by the UFS Council at the end of 2016 after Prof Jonathan Jansen stepped down as Vice-Chancellor and Rector on 31 August 2016, serving in this position since July 2009. Prof Nicky Morgan, Vice-Rector: Operations at the UFS, has been acting Vice-Chancellor and Rector since 1 September 2016.

Released by:
Lacea Loader (Director: Communication and Brand Management)
Telephone: +27 51 401 2584 | +27 83 645 2454
Email: news@ufs.ac.za | loaderl@ufs.ac.za
Fax: +27 51 444 6393

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