Welcoming ‘the Eastern Cape bench and social justice’ conference participants on Wednesday (1 September 2010) night, Dr Saleem Badat, Rhodes University Vice-Chancellor said 1994 was a significant breakthrough in that for the first time almost all the inhabitants of South Africa became citizens.

He said, “As a society, as diverse social groups, and as individuals we made a significant transition and advance in 1994 from being, in many respects, ‘subjects’ to becoming ‘citizens’.”

“Critical here was a commendable Constitution, including a Bill of Rights, which held out the promise of an extensive range of rights that did not exist for all, or at all, prior to 1994. Still, despite significant advances a number of current realities compromise our Constitution and the promise of a substantive citizenship that the Constitution holds out.

“Indeed, they condemn many of our people, black and white, women and men, young and not so young to conditions that are more associated with being subjects and subjecthood.”

South Africa, according to Dr Badat, had the dubious honour of being the most unequal society on earth.

“Much of our public schooling system continues to compromise the provision of high quality education to children and youth and thwart the realization of their potential. Large parts of our public health system fail to provide effective for our ill and sick.

“Laws and policies are being enacted which make rural people the subjects of unelected traditional leaders, with sometimes severe consequences for women and girls.”

Commenting on current debates, Rhodes VC said the Protection of Information Bill with the proposal to establish a statutory Media Appeals Tribunal could have far-reaching consequences for the free flow of information and freedom of expression.

He reminded the audience comprising mainly jurists, law academics and students, that on the final page of Long Walk to Freedom, Tatamkulu Mandela wrote:

‘The truth is that we are not yet free; we have merely achieved the freedom to be free, the right not to be oppressed.

For to be free is not merely to cast off one's chains, but to live in a way that respects and enhances the (well-being and) freedom of others. The true test of our devotion to freedom is just beginning’.

Additionally, said Dr Badat, Mandela wrote: ‘I can rest only for a moment, for with freedom comes responsibilities, and I dare not linger, for my long walk is not yet ended’.

In this context, the themes of ‘Social Justice' and progressive jurisprudence are highly pertinent, as reminders of the challenges and responsibilities that continue to confront us as a society, citizens and judiciary.

This conference is one of many that are currently being hosted at Rhodes. This is a testimony to the quality of the scholars and scholarship that is associated with Rhodes, and the recognition that the University enjoys nationally and internationally.

The 'Eastern Cape Bench and Social Justice conference' organised by the Rhodes University Law Faculty is taking place at the Eden Grove lecture Theatre complex from 1-3 September 2010.

For the full text of the speech click here