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We, the People of South Africa The Foundations of the Supreme Law Conference on the Occasion of the 20th Anniversary of the South African Constitution (History and Developments) Venue: Women’s Gaol Atrium, Constitution Hill, 11 Kotze St, Johannesburg, 2017 6 – 7 May 2016 #IamConstitution We, the people of South Africa, recognise the injustices of our past; honour those who suffered for justice and freedom in our land; respect those who have worked to build and develop our country; and believe that South Africa belongs to all who live in it, united in our diversity. We therefore, through our freely elected representatives, adopt this Constitution as the supreme law of the Republic. Contact Details: Phone: +27 11 341 0270 Fax: +27 11 341 0271 E-Mail: [email protected] www.fes-southafrica.org South Africa Office: 34 Bompas Road, Dunkeld West, Johannesburg - From the Preamble to the Constitution of South Africa INTRODUCTION On May 8, 1996, a two year mandate came to its fulfillment when the Constitutional Assembly successfully finalized a draft of a new constitution which was signed by Nelson Mandela into law on December 18, 1996. The “Foundations of the Supreme Law: 20th Anniversary of the Constitution” Conference is hosted by the Friedrich-Ebert-Stiftung (FES), the German Institute for Federal Studies (DIF) and the Constitution Hill to commemorate this historical event and milestone for the formation of a democratic South Africa. The main focus of the conference is strengthening awareness and underlining the importance of the Constitution for democracy and stability in South Africa. In this sense we invite all participants and guests to be part of an open, fruitful and invigorating discussion. PROGRAMME #IamConstitution Friday, May 6, 2016 FIRST DaY Saturday, May 7, 2016 SECOND DaY 09.00 Registration 09.00 Fourth Panel: Co-Operative Government (Three Spheres, Intergovernmental Relations, NCOP) 09.30 Welcome Introduction Moderator: Nico Steytler Renate Tenbusch Presenters: Andries Nel Thandi Modise Followed by Q&A Adv. S’du Gumede Hans-Peter Schneider 10.00 Keynote: The Making of the Constitution Albie Sachs Followed by Q&A 11.00 Coffee Break 10.30 Coffee Break 11.30 First Panel: The Intent of the Founders 11.00 Fifth Panel: Guardians of the Constitution (Conceptual battles during the constitution making process) (Constitutional Court, Chapter 9 Institutions) Moderator: Sisi Khampepe Moderator: Hugh Corder Presenters: Geraldine Fraser-Moleketi Presenters: Thuli Madonsela Mac Maharaj Leon Wessels Albie Sachs Mac Zak Yacoob Reinhard Gaier Followed by Q&A Followed by Q&A 13.00 Lunch 12.30 Lunch 14.30 Second Panel: Bill of Rights (Human Dignity, Equality and Liberty: Cornerstones of Democracy) 13.30 Sixth Panel: The South African Constitution – Model for other countries in transition? Moderator: Penny Andrews (The Influence on Foreign Constitutions) Presenters: Johann van der Westhuizen Moderator: John Jeffrey Sandra Liebenberg Presenters: Nicolas Haysom Jacob van Garderen Herta Däubler-Gmelin Lourens M. Du Plessis Followed by Q&A Followed by Q&A 16.00 Coffee Break 15.00 Endnote: The Future of the Constitution 16.30 Third Panel: Gender and Customary Law George Bizos (Gender, Indigenous Law and Traditional Leaders) Moderator: Aninka Claassens Presenters: Sango Phatekile Holomisa Nomboniso Gasa Nomalanga Mkhize Followed by Q&A 18.00 Reception by the German Embassy fes-southafrica.org @FES_SouthAfrica Friedrich-Ebert-Stiftung South Africa fes-southafrica.org @FES_SouthAfrica Friedrich-Ebert-Stiftung South Africa Twitter feed: #iamconstitution Twitter feed: #iamconstitution #IamConstitution PRESENTERS Judge Albert (Albie) Louis Sachs Dr Aninka Claassens Albie (Albert Louis) Sachs is an activist and a former judge on the Constitutional Aninka Claassens is chief researcher and director of the Land & Accountability Research Court of South Africa. Albie obtained his BA and LL.B degrees at the University of Centre (LARC) in the Faculty of Law at the University of Cape Town. LARC was Cape Town where he was arrested for taking part in Passive Resistance Campaigns. previously the Rural Women’s Action Research Programme in the Centre for Law and He started practicing as an Advocate at the Cape Town Bar in 1957 working mainly Society at UCT. in the civil rights sphere until his detentions without trial by the Security Police. Aninka has been a land activist in South Africa for many years. She worked with In 1966 he went into exile in England where he completed a Ph.D at the University communities who were resisting forced removals and farm evictions during the 1980s of Sussex and taught in the Law Faculty of the University of Southampton. He as part of the Transvaal Rural Action Committee (TRAC), a project of the Black Sash. was the first Nuffield Fellow of Socio-Legal Studies, at Bedford College, London, Thereafter she worked at the Centre for Applied Legal Studies at the University of the and Wolfson College, Cambridge. In 1977 he accepted the position as Professor Witwatersrand where she convened working groups that developed drafts for various of Law at the Eduardo Mondlane University in Maputo, Mozambique, and from land reform laws, including the Restitution of Land Rights Act of 1994. She was a 1983 served as Director of Research in the Ministry of Justice until his attempted technical advisor on land and property rights to the Constitutional Assembly. From 1996 assassination by South African security agents in 1988, when he returned to 2000 she worked for the post-apartheid Ministry of Land Affairs as special advisor to England. to Minister Derek Hanekom and later as a tenure specialist. Between 1999 and 2008 she worked with PLAAS at the University of the Western Cape and the Legal Resources Albie Sachs became the founding Director of the South Africa Constitution Centre to convene rural consultation meetings about the pending Communal Land Studies Centre, which moved in 1992 to the University of the Western Cape Rights Bill and later undertook and co-ordinated research related to land rights and where he was made Professor Extraordinary and appointed Honorary Professor living customary law for the purposes of evidence in litigation. She joined the University in the Law Faculty at the University of Cape Town. As an active member of the of Cape Town in 2009 where she founded the Rural Women’s Action Research Constitutional Committee of the ANC he was appointed by President Nelson Programme (RWAR). RWAR has become a leading voice on issues of land, power and Mandela to the newly established Constitutional Court. Judge Sachs has written custom in the former Bantustans. The programme has grown considerably and is in the extensively on culture, gender rights and the environment. process of becoming a separate research Centre in the Faculty of Law. Hon Andries Nel, DM Adv George Bizos Andries Nel is South Africa’s Deputy Minister for Cooperative Governance and George Bizos is a Human Rights Lawyer in South Africa. He represented Walter Traditional Affairs. Elected to Parliament in 1994 he has been Deputy Minister Sisulu and Nelson Mandela in both Treason and Rivonia Trial. Apart from Mandela he for Justice and Constitutional Development, Deputy Chief Whip and served on appeared in the Truth and Reconciliation Commission representing families of killed a wide range of portfolio and ad hoc committees. His constituency work has been heroes of the liberation struggle. He represented the families of Steve Bantu Biko, in Pretoria Central, Centurion; Atteridgeville; Waterberg and Midvaal. Chris Hani and the Cradock Four. His activism began at high school in Sao Paulo, Brazil, where his parents were He served as an Advocate in Johannesburg until 1990 when he worked as a counsel to part of the diplomatic corps. As a student he participated in the National Union of 40 lawyers at the Legal Resources Centre and the Constitutional Litigation Unit. During South African Students and several other organisations. He co-ordinated Lawyers the Apartheid years Bizos dedicated his working life to fight for the basic Human Rights. for Human Rights’ Capital Punishment and Penal Reform Project between 1990 and After the collapse of the Apartheid he turned his fight into ensuring that all South 1994 and was a member of the NEC of the ANC Youth League from 1996 to 2001. Africans equally enjoy those rights enshrined and guaranteed by the constitution. He is currently the co-ordinator of legal and monitoring on the ANC’s National Bizos has received a number of awards: Duma Nokwe Human Rights and Democracy Elections Team. Award in 2004, Sydney & Lady Kentridge Award in 2004, Bernard Simon Memorial He holds a Bachelor of Civil Law from the University of Pretoria and is married Award for the Advancement of Human Rights from the International Bar Association in to Kim Robinson, CEO of Renaissance Strategic Solutions. 2004; International Trial Lawyer of the Year Award from the International Academy of Trial Lawyers in 2001; Order for Meritorious Ms Geraldine Fraser Moleketi. fes-southafrica.org @FES_SouthAfrica Friedrich-Ebert-Stiftung South Africa fes-southafrica.org @FES_SouthAfrica Friedrich-Ebert-Stiftung South Africa Twitter feed: #iamconstitution Twitter feed: #iamconstitution #IamConstitution PRESENTERS Ms Geraldine Fraser Moleketi Prof Hans-Peter Schneider Ms. Geraldine Fraser-Moleketi is Director of the Democratic Governance Group Prof Schneider is a German constitutional lawyer, former judge, emeritus university of the Bureau for Development Policy, United Nations Development Programme professor at the Leibniz University of Hannover and political advisor. He is the (UNDP). Acting Director of the German Institute for Federal Studies (DIF) in Hannover. She has served the South African Government for over 14 years in various In 1975 he was appointed as professor at the Technical University of Hanover in positions, most recently as Minister for Public Service and Administration and as the Department of Constitutional and Administrative Law, where he remained until a Member of Parliament. As such, in 2007 she played a major role in the Global his retirement of 2003.
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