Growing up in the rural areas of Mmakaunyane in the North West Province, Dr Advocate Oupa Mabusela’s childhood was moulded by hard work, sacrifice and a strong work ethic instilled by his parents. His father was a motor mechanic, and his mother ran a spaza shop while also selling food at neighbouring schools. To contribute to the family income and raise funds for university, Mabusela sold magwenya (a traditional South African fried dough) before school and vegetables on weekends. While his peers played, he was busy working, a situation he once resented but now looks back on with gratitude.
"Every morning as a child before going to school, I would bake magwenya. Armed with these warm treats, I would set out, house to house, selling them in our neighbourhood. On weekends, I didn’t join my peers in play; instead, I sold vegetables alongside my mother. The hustle of these small enterprises taught me the value of hard work and determination from a young age," Mabusela further explains.
Through the responsibilities he took as a child, Mabusela became the first university graduate, the first lecturer, the first lawyer and the first PhD holder in his family. In 2001, he became the first person to be admitted as an advocate of the High Court in his family. "While I cannot say that my childhood was particularly difficult, it was marked by responsibilities that shaped my character and prepared me for the journey ahead," says Mabusela.
Despite Mabusela’s achievements, his early journey was not without challenges. His father, who is a pastor, had reservations about his chosen career in law, associating it with dishonesty which was a common perception at the time. To gain his father’s approval, Mabusela initially enrolled for a BA in Education degree but secretly switched to law. His father's initial disapproval was later met with quiet acceptance, as he had known about the switch all along but allowed him to follow his passion.
Post completion of his undergraduate studies, Mabusela’s career in academia began unexpectedly. He was initially appointed as a student assistant in 1997 and later became a temporary lecturer in 1998 at Vista University, now the University of Pretoria. In 2001, he was permanently appointed as a lecturer at the Vista University Distance Education Campus (VUDEC), which was later incorporated during the merger of Unisa and the then Technicon South Africa (TSA). He was also admitted as an Advocate of the High Court of South Africa in the same year, leading to the beginning of his legal professional career as a litigator.
In 2004, following the Incorporation of Vista University, Mabusela became a senior lecturer in the Department of Criminal and Procedural Law at Unisa. "I arrived at Unisa as a lecturer from Vista University, where I was the youngest member of the Department of Criminal and Procedural Law," he says. "Upon my transition to Unisa, the university realised that some modules from VUDEC were not part of the Unisa curriculum. However, since Unisa had taken over VUDEC as a going concern, all those modules and lecturers needed to be integrated into the new structure."
Mabusela’s journey at Unisa began with a significant challenge. He was assigned to teach a module on mediation, arbitration and conciliation – subjects he had little experience with. Despite the difficulty, Mabusela embraced the opportunity and dedicated himself to mastering the content. What initially seemed like a setup for failure turned into the turning point of his career. He explains: "I did not know anything about the module when I was assigned to it, however, I took it positively, researched what the module entails, taught the module and I'm happy to say due to the attitude that I had, I am who I am because of that module."
By facing the challenge directly, Mabusela not only became proficient in the subject but also developed a specialisation in labour law and dispute resolution. This expertise later opened doors for him to serve as a Senior Commissioner and Facilitator in national labour disputes. "Because I taught the mediation, arbitration and conciliation module, when there was a need for a commissioner or an arbitrator at the South African Local Government Bargaining Council, my students recommended me. They said, 'We know Mabusela as a lecturer for this module, and he would be the best person to take on the role of arbitrator or commissioner.' That’s how I was brought in for the role, my first time doing it, without any training or background, except for my academic knowledge," he says.
In his role as a Senior Commissioner at the South African Local Government Bargaining Council (SALGBC), accredited by the Commission for Conciliation, Mediation and Arbitration (CCMA), Mabusela specialises in arbitration, mediation, facilitation and conducting negotiations. In this capacity, he presided over landmark multi-year wage agreements between the South African Local Government Association (SALGA) and organised labour unions, including the South African Municipal Workers' Union (SAMWU) and the Independent Municipal and Allied Trade Union (IMATU). His skill in navigating complex negotiations and fostering consensus among diverse stakeholders has earned him a reputation as a highly skilled mediator and arbitrator.
Asked how he facilitated the negotiations between SALGA and organised labour unions, and what strategies he employed to bring the parties to a consensus on this exceptional deal, Mabusela says: "The strategy I applied was to allow the parties to take control of the situation. The issues at hand were primarily resolved by both parties once they realised that we all shared a common goal. By fostering an environment of open communication and mutual respect, we were able to work together towards a solution that benefited everyone involved."
Today, Mabusela is also the Director of Legal Support in the Office of the Principal and Vice-Chancellor at Unisa, which includes advising the Principal and Vice-Chancellor, Prof Puleng LenkaBula, on legal matters, ensuring due diligence and compliance in contracts and other legal affairs. While Mabusela’s primary responsibilities involve legal advisory work, he continues to teach and supervise postgraduate students, maintaining his passion for education.
Mabusela advocates the importance of perseverance, adaptability and a positive mindset. Mabusela shared personal experiences of overcoming challenges and emphasised the belief that with dedication and hard work, anyone can achieve their goals. "It doesn't matter what kind of a family you come from, if you're dedicated, you can achieve whatever goal that you want to achieve," he says.
Paving the way for future generations, Mabusela emphasises the importance of self-employment and practical legal experience for young professionals. Rather than waiting for job opportunities, Mabusela encourages law graduates to actively seek to establish their own legal practices. "Being a lawyer, is simple," he advises. "Just make sure that you obtain that certificate, and then go and practice. You don't necessarily have to wait for someone to employ you."
* By Rememberance Manganyi, Journalist Intern, Department of Institutional Advancement.
Publish date: 2024-10-17 00:00:00.0