Legal minds unite at UL’s 3rd Turf Law Conference to reflect on 30 years of constitutional evolution
By Malatji Monyelegwete & Lesedi Mothapo | malatji.monyelegwete@ul.ac.za
Advocate Mokgerwa Makoti, Chairperson of the Limpopo Society of Advocates and Acting Judge of the High Court, Limpopo Division, directly challenged the long-standing belief that South Africa’s Constitution is the best in the world, highlighting its failure to fully address ongoing issues such as poverty, landlessness, and inequality
These concerns were the focus of the University of Limpopo’s (UL) 3rd Turf Law Conference, a two-day event that brought together legal scholars, policymakers, and postgraduate students to reflect on the country’s constitutional evolution after 30 years of democracy. Themed ‘Critical Perspectives on ‘The Best Constitution’ Narrative’, the conference provided a platform to explore how South Africa’s legal framework can better foster inclusivity and address socio-economic challenges.
“Our Constitution, while praised globally, still falls short in delivering true social and economic justice at home,” Advocate Makoti stated, urging reforms to promote inclusivity and address socio-economic crises, particularly in land redistribution and poverty.
Professor Patrick Bond from the University of Johannesburg called for a balanced critique of the Constitution, highlighting the need to align individual rights with broader socio-economic goals, especially in the context of climate change. “Collaboration between the judiciary, lawyers, advocacy groups, and communities is crucial for meaningful reform,” he remarked.
Prof Omphemetse Sibanda, Executive Dean of the Faculty of Management and Law at UL, reflected on three decades of democracy, stating, “The narrative of having the ‘best Constitution’ must be weighed against the lived experiences of our people—especially those still facing socio-economic injustices. As academics, legal scholars, and practitioners, we must rigorously question its impact.”
Mosotho Moepya, Chairperson of the Independent Electoral Commission (IEC) of South Africa, spoke on electoral reforms, emphasising the need for vigilance in protecting democracy. “The risks to democracy today come from leaders failing to deliver on their promises,” he warned.
Prof Vuyo Peach from the University of South Africa contributed to the dialogue with his presentation on “Substantive Legitimate Expectations Under the Constitution and the Promotion of Administrative Justice Act (PAJA).” He argued that South Africa’s legal framework inadequately protects substantive expectations and called for a transformative approach to administrative law. “There’s a pressing need to recalibrate the system to ensure the executive is held accountable,” he said.
The conference also examined the potential of Artificial Intelligence (AI) in reshaping South Africa’s trade landscape. Bella Ngobeni, a lecturer at UL School of Law, and Dr Shelton Makore from the University of the Free State discussed how AI could revolutionise the legal fraternity’s efficiency. However, they cautioned that without a robust regulatory framework, South Africa risks falling behind globally.
The event provided a valuable platform for postgraduate students to showcase their research. Mulweli Mukhithi, a UL Master’s candidate in Labour Law, presented her thesis alongside Dr Vhonani Neluvhalani-Canquece from UL on ‘The Employer’s Prerogative to Name and Shame Gender-Based Violence Offenders in Institutions of Higher Learning’. Reflecting on her experience, Mukhithi said, “The takeaways from this conference were incredibly informative and will shape our research moving forward.”
Bhekimuzi Zwane, a Master of Law student at UL, shared similar reflections, saying, “This conference inspired me to critically evaluate South Africa’s Constitution after 30 years of democracy.” Zwane presented his thesis on’”The Barriers to Transformative Constitutionalism in South Africa: An Examination of Justice P. Langa’s Perspective’, urging attendees to reconsider the complexities of achieving true constitutional transformation.
Advocate Mashele Rapatsa, Director of the School of Law at UL, expressed hope that the critical perspectives shared would help shape South Africa’s constitutional development. “I trust these insights will influence the direction of constitutional progress and help address the deep-rooted socio-political challenges our society faces,” he concluded.