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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

Emma Sadleir talks about social media etiquette
2016-05-18

Description: Emma Sadlier Tags: Emma Sadlier

Emma Sadleir
Photo: Supplied

“We have all become celebrities, we have become social figures because of our power to publish information. We have all become brands, and we need to protect our brand. Digital content is sometimes dangerous content,” said Sadleir.

On 11 May 2016, the University of the Free State, in collaboration with the Postgraduate School, hosted, Emma Sadleir, a leading social media expert, in the Equitas Auditorium on the Bloemfontein Campus. She is an admitted advocate, specialising in social media law.  Dr Henriette van den Berg, Director of the Postgraduate School, described Sadleir’s presentation as a privilege for all the staff and students who attended.

Sadleir said that there are two important rules that staff and students of an institution should try to follow. The first is not to bring the name of the institution into disrepute; and the second is not to breach the goodwill of the institution or, in other words, not to bite the hand that feeds you.

“The common law, even if there is no policy, is that anything that brings the company into disrepute can lead to disciplinary consequences up to termination,” said Sadleir.

Sadleir focused on hate speech and free speech, stating that free speech is a right that is entrenched in the constitution, but, like every other right, it has limitations. She mentioned Penny Sparrow, Matt Theunissen, Velaphi Khumalo, and Judge Mabel Jansen, all of whom have been lambasted by the public over their racist posts on social media. Sadleir stressed that, even on social media, content has to be within the confines of the law, and people must remember our rights are not absolute. We have a lot of freedoms, but no one cannot disseminate hate speech.

“Would you publish whatever you thinking on a billboard, close to a busy highway with your name, picture and employers details or the institution you studying at? If you have no grounds to justify the comment, do not post it,” warned Sadlier.  

According to the South African Bill of Rights, everyone has the right to privacy, but an expectation of privacy has to be enforced. She said people over-document their lives on social media, decreasing your right to privacy drastically. “It is like CCTV footage of your life. It is simple, the more you take care of your privacy, the more you have,” said Sadleir.

Sadleir said it was important for Facebook users to have privacy settings where they can review posts where they are tagged. According to Sadleir, managing your reputation is not only limited to what you post about yourself but also managing what others post about you.

She cited a 2013 case in the Pretoria High Court in which a new wife wrote a scandalous Facebook post about her husband’s ex-wife, tagging the husband in the post. The courts found both the new wife and the husband guilty of defamation.

“If you have been tagged in something but have not been online and seen the content, you are then an innocent disseminator. The moment you are aware of the post you are liable for the content,” said Sadleir.

“It takes 20 years to build a reputation and five minutes to ruin it. If you think about that, you'll do things differently,” Sadleir said, concluding her presentation with the quotation from Warren Buffet.

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