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07 August 2019 | Story Charlene Stanley | Photo Stephen Collett
Prof Francis Petersen, Prof Puleng LenkaBula, William Bulwane and Min Thoko Didiza
Prof Francis Petersen, UFS Rector and Vice-Chancellor; Prof Puleng LenkaBula, Vice-Rector: Institutional Change, Student Affairs, and Community Engagement; Mr Kwekwe William Bulwane, Free State MEC for Agriculture and Rural Development; and Ms Thoko Didiza, Minister of Agriculture, Land Reform and Rural Development, who presented the 2019 Charlotte Maxeke public lecture.

“This work is not for yourselves. Kill that spirit of self. Do not live above your people. Live with them.” 
These famous words by Charlotte Maxeke, one of South Africa’s leading academic and social pioneers, formed the thrust of Minister Thoko Didiza's public lecture in a packed Equitas Auditorium on the UFS Bloemfontein Campus, three days before South Africans celebrate Woman’s Day.

The Agriculture, Land Reform and Rural Development Minister urged her audience to heed the “rich lessons this remarkable woman holds for our generation today”, in a lecture with the topic: Feminist Leadership, Intergenerational Dialogue on Knowledge, Agriculture and Sustainable Futures.

Educational pioneer

Referring to Maxeke’s many academic and cultural achievements, Minister Didiza pointed out that, “Her educational achievements did not make her see her fellow Africans any differently. It made her want to change their lives for the better.”
She called Maxeke a “true feminist, with an inclusive vision to fight for the betterment of all South Africans”.

This was echoed by Prof Francis Petersen, UFS Rector and Vice-Chancellor, in his welcoming address. He singled out the fact that Maxeke used to spend long hours tutoring her less skilled classmates while still at school.
“This wonderful example of using your own knowledge to make a real impact in the lives of others, is something we at the University of the Free State truly salute,” he said.  

Women’s conversation on land

On the topic of land reform, Minister Didiza referred to the fact that countries all over the world were involved in a ‘continuous process’ of land reform. She appealed to all South Africans to get involved in dialogues around the land issue.
“I know the pain and the cries of African people when it relates to land. But I don’t hear the cries and concerns of our white compatriots. Because until we understand each other’s pain, we will never be able to navigate the future.”
Minister Didiza then called for a ‘women’s conversation on land’, as she believed women to be ‘calmer’ than men and more inclined to collaborate with and listen to one another on an issue that is vital to all South African communities. 

Knowledge should lead to action

Minister Didiza said she believed universities had an important role to play in “gaining collective knowledge to solve problems”, and that agriculture should be a key focus area here – “benefitting from innovations in other sectors”.
“We need to urgently revitalise agriculture to once again bring glory to the Free State,” she said.
 “Knowledge means nothing if not translated into action and solutions for the problems we face in South Africa,” she concluded.

The Charlotte Maxeke lecture has been presented annually since 2009. Previous speakers include Minister Angie Motshekga, Prof Hlengiwe Mkhize and Dr Frene Ginwala.
 
Who was Charlotte Maxeke?

The CMM Institute describes her in this way:
“Charlotte Mannya-Maxeke (1871–1919) was a pioneering South African woman who was passionate about inclusivity, education and evangelism. She grasped every opportunity presented to her and accomplished many notable firsts during her lifetime.”
These ‘firsts’ include:
- being the first black woman in South Africa to obtain a BSc degree (at Wilberforce University in the United States of America in 1901);
- being the first woman to participate in the King’s Courts under King Sabata Dalindyebo of the AbaThembu;
- being the first African woman to establish a school (in Evaton, with her husband, in 1908);
- being the only woman who attended and contributed to the first African National Congress (ANC) conference in 1912; and
- being the co-initiator, organiser, and first President of the Bantu Women’s League, founded in 1918.

News Archive

The failure of the law
2004-06-04

 

Written by Lacea Loader

- Call for the protection of consumers’ and tax payers rights against corporate companies

An expert in commercial law has called for reforms to the Companies Act to protect the rights of consumers and investors.

“Consumers and tax payers are lulled into thinking the law protects them when it definitely does not,” said Prof Dines Gihwala this week during his inaugural lecture at the University of the Free State’s (UFS).

Prof Gihwala, vice-chairperson of the UFS Council, was inaugurated as extraordinary professor in commercial law at the UFS’s Faculty of Law.

He said that consumers, tax payers and shareholders think they can look to the law for an effective curb on the enormous power for ill that big business wields.

“Once the public is involved, the activities of big business must be controlled and regulated. It is the responsibility of the law to oversee and supervise such control and regulation,” said Prof Gihwala.

He said that, when undesirable consequences occur despite laws enacted specifically to prevent such results, it must be fair to suggest that the law has failed.

“The actual perpetrators of the undesirable behaviour seldom pay for it in any sense, not even when criminal conduct is involved. If directors of companies are criminally charged and convicted, the penalty is invariably a fine imposed on the company. So, ironically, it is the money of tax payers that is spent on investigating criminal conduct, formulating charges and ultimately prosecuting the culprits involved in corporate malpractice,” said Prof Gihwala.

According to Prof Gihwala the law continuously fails to hold companies meaningfully accountable to good and honest business values.

“Insider trading is a crime and, although legislation was introduced in 1998 to curb it, not a single successful criminal prosecution has taken place. While the law appears to be offering the public protection against unacceptable business behaviour, it does no such thing – the law cannot act as a deterrent if it is inadequate or not being enforced,” he said.

The government believed it was important to facilitate access to the country’s economic resources by those who had been denied it in the past. The Broad Based Economic Empowerment Act of 2003 (BBEE), is legislation to do just that. “We should be asking ourselves whether it is really possible for an individual, handicapped by the inequities of the past, to compete in the real business world even though the BBEE Act is now part of the law?,” said Prof Gihwala.

Prof Gihwala said that judges prefer to follow precedent instead of taking bold initiative. “Following precedent is safe at a personal level. To do so will elicit no outcry of disapproval and one’s professional reputation is protected. The law needs to evolve and it is the responsibility of the judiciary to see that it happens in an orderly fashion. Courts often take the easy way out, and when the opportunity to be bold and creative presents itself, it is ignored,” he said.

“Perhaps we are expecting too much from the courts. If changes are to be made to the level of protection to the investing public by the law, Parliament must play its proper role. It is desirable for Parliament to be proactive. Those tasked with the responsibility of rewriting our Companies Act should be bold and imaginative. They should remove once and for all those parts of our common law which frustrate the ideals of our Constitution, and in particular those which conflict with the principles of the BBEE Act,” said Prof Gihwala.

According to Prof Gihwala, the following reforms are necessary:

• establishing a unit that is part of the office of the Registrar of Companies to bolster a whole inspectorate in regard to companies’ affairs;
• companies who are liable to pay a fine or fines, should have the right to take action to recover that fine from those responsible for the conduct;
• and serious transgression of the law should allow for imprisonment only – there should be no room for the payment of fines.
 

Prof Gihwala ended the lecture by saying: “If the opportunity to re-work the Companies Act is not grabbed with both hands, we will witness yet another failure in the law. Even more people will come to believe that the law is stupid and that it has made fools of them. And that would be the worst possible news in our developing democracy, where we are struggling to ensure that the Rule of Law prevails and that every one of us has respect for the law”.

 

 

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