UJ Alumni Impumelelo Magazine Edition 13

Events

JUSTICE AND DEMOCRACY 30 YEARS ON – LEGAL BRAINS WEIGH IN

(Left to right) Mr Bongani Luthuli, Prof Marthinus Van Staden, Mr Albert Marais, Adv Deborah Mutemwa and Mr Elton Hart

UJ’s Faculty of Law commemorated 30 years of legal democracy by hosting a compelling virtual panel discussion focusing on justice and democracy in South Africa. The event, held on 9 May, featured esteemed alumni and legal professionals, each sharing their insights on transformative constitutionalism, the role of the judiciary, and the ongoing challenges and triumphs within the legal system. Moderated by Attorney Elton Hart from the Law Clinic on UJ’s Soweto Campus, panellists included Prof Kathleen van der Linde, acting Executive Dean of the UJ Faculty of Law, Advocate Deborah Mutemwa, advocate of the High Court of South Africa, Mr Albert Marais, an attorney in private practice, Prof Marthinus van Staden, an associate professor at the Wits School of Law, and Bongani Luthuli , an acting judge of the Labour Court of South Africa and a High Court attorney. Focusing on transformative constitutionalism, Advocate Deborah Mutemwa highlighted the significant legal victories achieved under the South African Constitution, including the rights of women to inherit assets and the extension of marriage definitions to include same-sex couples. “Only 20 years ago, the courts declared that women could inherit assets from a deceased estate directly for the first time. Before this, only men had this privilege under certain legislation. “In the last 10 years, our courts have declared that domestic workers, farm workers, who are legal occupiers of dwellings on farmland, can make basic improvements to their homes without first fighting for permission from farm owners. A great victory for the dignity of the most vulnerable in our society,” she said. However, she acknowledged that “a mere document cannot do the work required to achieve true freedom and democracy.” Advocate Mutemwa also underscored the need

PROF VAN STADEN, MEANWHILE, EMPHASISED THE NEED TO RECOGNISE AND SUPPORT THE RIGHTS OF UNDOCUMENTED MIGRANT WORKERS, URGING SOUTH AFRICANS TO EMBRACE A MORE INCLUSIVE CONCEPTION OF SOCIAL MEMBERSHIP.

to address gender disparity in the legal profession itself. “Women are underrepresented. We need to challenge cultural norms within the legal profession,” she urged. Mr Marais pointed out that mutual respect was the foundation of democratic discourse, highlighting the importance of respectful dialogue and debate as a tool in our democracy. Mr Luthuli emphasised the judiciary’s critical role in upholding the rule of law, and its importance as an independent branch of government in safeguarding democracy. UJ’s Faculty of Law remains committed to fostering discussions that reflect on the past, address present challenges, and envision a future where justice and democracy thrive. This panel discussion was a testament to the ongoing efforts to engage with critical issues and promote a deeper understanding of the legal landscape in South Africa. To watch the discussion, click here. https://www.youtube.com/watch?v=lvhlE-opP-o

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ALUMNI IMPUMELELO

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