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16 October 2024
Prestige Lecture by Justice Albie Sachs

Invitation

Who actually wrote the Constitution?

The Dean of the Faculty of Law, Prof Serges Kamga, invites you to a Prestige Lecture which will be delivered by Emeritus Constitutional Court Justice Albie Sachs.

Date: 30 October 2024

Time: 17:30

Venue: Equitas Auditorium

RSVP: Before 20 October 2024 (RSVP here)


Albie Sachs is an activist, writer and former judge on the Constitutional Court of South Africa (1994 – 2009). He began practising as an advocate at the Cape Bar at the age of 21, defending people charged under the racial statutes and security laws of apartheid. After two spells of being detained in solitary confinement without trial, first for five months, then for three months, he went into exile in England, where he completed a PhD at Sussex University. In 1988, he lost his right arm and his sight in one eye when a bomb was placed in his car by South African security agents in Maputo, Mozambique. After the bombing, he devoted himself to the preparations for a new democratic constitution for South Africa. When he returned home from exile, he served as a member of the Constitutional Committee and the National Executive of the African National Congress until the first democratic elections in 1994.

Sachs is a Board member of the Constitution Hill Trust, which promotes constitutionalism and the rule of law. He has travelled to many countries sharing South African experiences that might help heal divided societies.

He is the author of several books, including The Jail Diary of Albie Sachs, Justice in South Africa, Sexism and the Law, Soft Vengeance of a Freedom Fighter and The Strange Alchemy of Life and Law. His latest books are We, the People: Insights of an activist judge (2016) and Oliver Tambo's Dream (2017). He received an honorary doctorate in Law from the UFS in 2022.

News Archive

Wrongful suffering must be compensated, Prof Johann Neethling argues
2016-04-20

Description: Prof Johan Neethling, wrongful suffering must be compensated Tags: Prof Johan Neethling, wrongful suffering must be compensated

From the left are Prof Jonathan Jansen, Vice-Chancellor and Rector, Prof Caroline Nicholson, Dean of the Faculty of Law, Prof Neethling, Prof Rita-Marie Jansen, Vice-Dean, and Dr Brand Claassen, Head of the Department of Private Law.
Photos: Stephen Collett

On 11 April, the Faculty of Law held the first of the year’s series of Prestige Lectures presented by Prof Johann Neethling, Senior Professor in the Department of Private Law.  The event was attended by senior faculty members, the Dean of Law Prof, Caroline Nicholson, and the Vice-Chancellor and Rector, Prof Jonathan Jansen.

In his opening remarks, Prof Jansen said “Prestige lectures are at the heart of a university’s academic endeavour. It would serve the university community well to present them more often, as they go to the heart of important issues that affect society”

Prof Neethling made a compelling case for compensation for wrongful suffering by a child born with impairments. Since the mid-1960s, the actions of wrongful conception and wrongful birth have been recognised in South African law. Wrongful conception is defined as when a healthy child is born as a result of failed sterilisation or abortion, and wrongful birth is when a doctor fails to inform parents of a disability before the birth of their child.

“The reality is that a child born with impairments may indeed suffer (sometimes extreme) pain, loss of amenities of life, which would justify an award of damages,” he said.

So far, the action for wrongful suffering has been dismissed by the High Court and the Supreme Court of Appeal. However, he highlighted several cases where wrongful conception and wrongful birth was recognised by the courts.

“Why can the same approach (for wrongful conception and wrongful birth) not be followed in wrongful suffering claims by accepting that a disabled child seeks to address the consequences of its birth?” he asked.

Prof Neethling is regarded as one of the greatest minds in Private Law, not only in South Africa but in the African continent.

A festschrift, Essays in Honour of Johann Neethling (2015), with contributions from more than 50 of his peers around the world, was also launched at the lecture.

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