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19 November 2018 | Story Charlene Stanley | Photo Charlene Stanley
On Social Media, Racism, and Cannabis
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.’”

News Archive

Law postgraduate student awarded IAWJ and Faculty of Law bursary
2017-03-02

Description: Association of women judges gala dinner 2017 Tags: Association of women judges gala dinner 2017


The University of the Free State Faculty of Law, in conjunction with the International Association of Women Judges (IAWJ) South Africa Chapter, hosted a gala dinner on 25 February 2017, in Bloemfontein, to raise awareness on the development programmes that women judges in South Africa, and specifically in the Free State, are involved in.

Focus on development of upcoming legal professionals
The event was a glamorous occasion attended by high-ranking officials in the Free State judiciary and Faculty of Law staff and students. Central to the evening’s events was the launch and presentation of the IAWJ/UFS Faculty of Law bursary that was presented to Mbali Mathebula, who is enrolled for an LLM at the UFS in 2017. Judge Mahube Molemela, Judge-President of the Free State High Court, and Chancellor of the Central University of Technology (CUT), presented the bursary to Mbali, commending her for choosing a poignant research thesis that focused on the rights of children with disabilities in South Africa. Judge Molemela expressed the importance of perseverance through study, and self-development as the key to a successful career in Law.

Transformation in the legal profession still a challenge
Some of the speakers of the evening included Prof Caroline Nicholson, Dean of the Faculty of Law and programme director, Judge Soma Naidoo, who gave introductory remarks, and Judge Mandisa Maya. In her remarks, Judge Maya outlined some of the prevailing challenges that women judicial officers still face, despite decades of reforms in the legal profession. She said: “Women in the judiciary are torchbearers who inspire and empower others, especially young women, and should strive to achieve high moral standards and exceptional scholarship.”

IAWJ mentors upcoming legal professionals
Judge Naidoo said the association had, over the past seven years, partnered with universities such as UFS, University of Pretoria (UP), University of South Africa (Unisa) and University of Cape Town (UCT) to support students through social outreach programmes. She noted the involvement of corporates and other legal professionals as key to their success. Judge Naidoo said the IAWJ had been instrumental in providing training for legal professionals in areas such as trafficking in persons across the Southern African Development Community (SADC), supported by the US Embassy in Pretoria, and had held health and wellness programmes for legal officers around the country.

The gala dinner was a celebration of the successes of the association over the years, and an opportunity to reflect on the important issues that women face in the legal profession, as well as a call to action for students and young legal professionals. The proceeds from the evening will be used to further mentor and develop law students around the country.

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