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19 November 2018
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Story Charlene Stanley
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Photo Charlene Stanley
Prof John Mubangizi, Dean of the Faculty of Law, encouraged delegates at the Fifth Annual International Mercantile Conference to share ideas on best international practice in their various fields.
“Don’t say anything online that you wouldn’t want plastered on a billboard with your face on it.”
This famous quote by international tech expert Erin Bury should be a guiding light when it comes to online habits in the workplace, according to Francois Cilliers, UFS Lecturer in Mercantile Law.
In his presentation Could Social Media be the Gateway to Employment Discrimination? he warned that employees have a responsibility not to bring their employers in disrepute through their comments on social media.
“Posts, updates, tweets, and comments are considered to be publications and can therefore never be seen as privileged information,” he explained.
Responsibility on employees and employers alike
He pointed out that employers also had a responsibility regarding the way in which they use the information about prospective employees obtained via social media.
“Nowadays, approximately 75% of companies hire through social media. In the US, recruiting companies spend hours researching candidates, making full use of what they can find on social media. It was found that 50–80% of employers frowned upon posts and pictures featuring drug and alcohol abuse, profanity, and bad grammar.”
He warned that employers needed to tread lightly, as a decision not to employ someone as a result of information on the prospective employee’s political views and sexual orientation could constitute unfair discrimination as set out in the Employment Equity Act.
“An employer who wishes to use a screening process (utilising social media) has to prove that the information and the process is objectively necessary and can be justified with reference to the inherent requirements of the job,” he explained.
“As technology and electronic systems advance, so too should the applicable labour laws.”
Cilliers’ presentation formed part of the Fifth Annual International Mercantile Law Conference recently hosted by the Faculty of Law on the Bloemfontein Campus.
Incorporating new technology in teaching and research
“This conference is an opportunity to share ideas on best practice in what is perceived as a ‘difficult’ field within Law,” said Prof John Mubangizi, Dean of the Faculty of Law, as he opened the proceedings. Topics in the discussion sessions ranged from Racism in the workplace and The underrepresentation of females in the judiciary, to Decriminalisation of cannabis: A recipe for healthy employer-employee relations?
“Conferences such as these help us to take advantage of the newest developments in technology to advance our teaching and research,” said Prof Mubangizi.
“To quote Einstein: ‘We can’t solve problems by using the same kind of thinking we used when we created them.’”
Human trafficking research demystifies juju practices
2017-10-28
Human trafficking is a practice that exists
in many countries all over the world and
whose victims are sold as commodities
into a life of servitude and sex slavery.
Photo: iStock
Human trafficking is a complex crime that transcends cultural, religious and geographical barriers. It is a practice that exists in many countries all over the world and whose victims are sold as commodities into a life of servitude and sex slavery.
Prof Beatri Kruger, Research Associate at the Free State Centre for Human Rights (FSCHR) at the UFS, has been exploring research related to the use of “juju” rituals used by perpetrators of human trafficking in South Africa and on the African continent. She joined the Centre for Human Rights in 2017, and was previously a law lecturer at the UFS Faculty of Law.
She recently co-wrote Exploring juju and human trafficking: towards a demystified perspective and response in the South African Review of Sociology, alongside Marcel van der Watt of the Department of Police Practice at the University of South Africa (Unisa).
The research explores juju and forms of witchcraft as a phenomenon, while illuminating some of the multilayered complexities associated with its use as a control mechanism.
Prof Kruger and Van der Watt’s work is a step towards understanding how the practice of juju brings on a more complicated aspect of trafficking in persons in South Africa and how agencies working to combat this crime can understand it and be better equipped to stop the crime and assist victims.
The findings of the research confirmed the use of juju as a combination of arcane methods used by Nigerian traffickers as a control measure. The term resonates with most participants, but included interchangeable references to witchcraft, voodoo, muti, black magic and curses. The victims of these rituals included women of black, coloured and Nigerian descent in South Africa.
Nigerian traffickers operating in and between Nigeria, South Africa and European countries are steadily gaining momentum; it will take a concerted effort for multiple countries involved to take steps within their legal frameworks as well as academic spaces to come together to combat the crime cross-continentally.