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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

Statement by Judge Faan Hancke, Chairperson of the Council of the University of the Free State (UFS)
2008-03-08

The Council of the University of the Free State today (Friday, 7 March 2008) unanimously condemned the offensive and racist Reitz video in the strongest possible terms.

Council further labeled the video as an insult to women, to older persons and to poor working people who are defenseless and vulnerable and expressed its disgust at the action of the students concerned.

Council also apologised unreservedly and sincerely to the five UFS employees who were shown in the video and offered all emotional and counselling assistance necessary as well as in the current criminal matter under way or possible civil action they may undertake.

At the same time the university must also provide counseling to current first year students of Reitz who were not present at the time of the filming of the video.

Council also mandated the management, in addition to the other disciplinary steps under way, to consider the possibility of closure and of conversion of Reitz into a beacon of transformation, hope and liberation (either as a residence or in some other form).

This must take place in accordance with due process of the law to give residents and other stakeholders reasonable opportunity to make submissions so that all relevant considerations can be taken into account.

The Council expressed its full confidence in the management and supported the steps taken by management thus far under trying circumstances concerning transformation, residence integration, the Reitz video and the vandalism of the campus.

It reaffirmed the decision taken in June 2007 to increase diversity in student residences and recommitted the UFS to implement the policy.

The Council condemns all forms of racism and committed itself to eradicate racism and racial prejudice in any form and from any quarter on the UFS campus.

The meeting also approved the appointment of an external expert agency to assist the university in:

  • understanding and identifying the current challenges relating to the implementation of the integration policy 
  • supporting the university management and making recommendations on how to enhance the process of implementation

The intention is to provide additional capacity to the management in order to accelerate the transformation and integration process.

It called on management to take firm action against any staff or student who violates the law, is involved in threats, racism, disruptions, intimidation and vandalism and condemned these actions in the strongest possible terms.

The Council reassured all staff, students, parents and other stakeholders that firm action will be taken against persons who are guilty of disorderly conduct, intimidation, disruption or similar actions with the full force of the law.

The management was requested to maintain law and order so as to create a conducive environment in which academic excellence can be furthered. The Council appreciates the steps that have been taken in this regard.

The Council supported a management initiative to investigate the fundamental issues underlying many of the current problems in residences, including:

  • residence culture, including initiation, as well as race, racialism and racism
  • alcohol and drug abuse role,
  • place, organisation and management of residences constitution of student structures
  • and the role of political parties in student politics and structures
  • the physical structure of residences as part of a campus accommodation strategy

The Council agreed that social cohesion and racial tolerance will be highlighted as a strong theme in the academic cluster initiatives of the UFS and that management should find additional ways to strengthen existing programmes regarding diversity on the campus among all staff and students.

The Council called on all stakeholders to honour the high values of the Constitution of the country, to maintain these values and to further them in an orderly and peaceful environment.

Media Release
Issued by: Anton Fisher
Director: Strategic Communication
Tel: 051 401 3422
Cell: 072 207 8334
E-mail: fishera.stg@ufs.ac.za
7 March 2008

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