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04 March 2019 | Story Valentino Ndaba
Next Chapter calls upon you to stay true to yourself by taking care of your mental well-being.

As the academic year kicks off, the University of the Free State gives a warm welcome to first-year and returning students. In the spirit of healthy new beginnings, Next Chapter has penned a letter to fellow students that speaks to mental health. Hear what they have to say:

Be loyal to your calling and the universe will locate you; once located, dominate! Fellow Kovsies, it is really happening. Not so long ago, this was just a dream – and somewhat far-fetched.

This is your moment; be at ease and feel at home, because you’re about to become a long-term tenant in a prestigious community of diversity, love, care, family, greatness, and prosperity. With that said, I welcome the class of 2019 to a community of brilliant minds. Bear in mind that all of us want to be part of such a community, but only a few get to make it – so, be very proud of yourselves.

Tap into endless possibilities

Now that you are here, know that everything is at your fingertips; you have the upper hand, and everything is now made possible. This is a moment for growth, to reinvent yourself, and expect the greatest confusion of your life as your mind and feelings will be tested and conflicted. Here is where you learn and unlearn certain things about your community and the world around you. So, please take this opportunity to explore, engage, participate, and where you can, mark your territory and dominate.

University can be tough as you face adversities and struggle to cope with juggling your grades and a social life. Find comfort in the knowledge that these are temporary circumstance you need to contend with. You are destined to emerge at the top.

Never succumb to the urge of givingup

There will be days when your subconscious fails you, there will be days when discontinuing your academics and heading back home is tempting. Do not to give in. Do not give up. You are here for a reason. Think about the twelve years of your life spent preparing for this moment. Some of you are going to struggle with academics, social life, finances, and conflicted minds which will hinder you in focusing on your academics. Seek help when you struggle.

Surround yourself with positive people who always bring out the best in you. There are avenues available to you, such as the psychologist sessions offered by Kovsie Health, and social workers who are there to help with various issues.

Support is at your disposal

Mentorship programmes such as Gateway are also at your disposal as a first-year student adjusting to a new environment. Student Life is always there for you in times of need. Next Chapter is a student organisation that advocates for mental health and can assist as well should you need support.

From us as Next Chapter to you as fellow students, we would like to officially welcome and encourage you to make the best of this experience. Be loyal to your calling, which has led you to the University of the Free State – and never forget that you matter. This is the beginning of something great and the continuing of your story.

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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