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18 March 2019 | Story Rulanzen Martin | Photo Rulanzen Martin
Rapport Regstreeks
From the left: Dr Ina Gouws, Dr Sethulego Matebesi, Dr Ebrahim Fakir, and Waldimar Pelser, who facilitated the panel discussion on the upcoming national elections.

Since the national elections of 2014 five years ago, several issues have occurred that could have an impact on the upcoming elections. A panel consisting of Dr Ina Gouws from the Department of Governance and Political Transformation, Dr Sethulego Matebesi from the Department of Sociology – both at the University of the Free State (UFS), and Dr Ebrahim Fakir from Governance Institutions and Processes at the Electoral Institute for Sustainable Democracy in Africa, talked about these and other issues.

The panel discussion, facilitated by Waldimar Pelser, editor of Rapport, took place at the UFS on 8 March 2019. Rapport Regstreeks is presented by kykNET and Rapport.

Three factors that can handicap ruling party

“Does the ruling party have anything to be worried about?” Pelser asked, getting straight to the point. “Yes. The ruling party has a lot to be worried about. The reason for this is that voter participation has declined; secondly, there is definitely a management problem which resulted in a credibility crisis in the government; and lastly, the ANC is trying to keep people together who do not believe in the same issues,” Dr Fakir was the first to reply.

The issues mentioned by Dr Fakir have been a problem before. “Since 2016 there has been a lot of division within the ANC,” Dr Gouws said. “These divisions can have a huge impact on the outcome of the election. The divisions were exposed even more by the Nenegate situation, and the ANC could no longer manage it."

The fact that the ANC lost control over four of the major metros in the 2016 local elections must be worrying to them.

Zondo Commission and opposition parties

The Zondo Commission, with its appalling revelations has uncovered the magnitude of state capture and the shocking testimonies that have emerged, could possibly hamper the ANC in the elections. “Political parties have supporters, regardless of internal problems. Loyal party members will still vote for their parties,” said Dr Matebesi. “The promise of RDP houses before an election is the bread and butter of many voters; therefore, they will vote ANC again.”

With the rise of the Economic Freedom Fighters (EFF), the support base of the ANC has also dwindled. “If there is one party with a colonial mentality, it is the EFF. They are undermining democracy, thrive on divisions in society and exploit them,” said Dr Fakir. “They jump in on many issues for their own gain,” Dr Gouws added.

As for the Democratic Alliance (DA), Dr Gouws said its governance is ‘fantastic’ compared to the ANC, although not always 100%. “Problems were however highlighted – it is not 100% and I think they should attend to the problems.”

News Archive

Wrongful suffering must be compensated, Prof Johann Neethling argues
2016-04-20

Description: Prof Johan Neethling, wrongful suffering must be compensated Tags: Prof Johan Neethling, wrongful suffering must be compensated

From the left are Prof Jonathan Jansen, Vice-Chancellor and Rector, Prof Caroline Nicholson, Dean of the Faculty of Law, Prof Neethling, Prof Rita-Marie Jansen, Vice-Dean, and Dr Brand Claassen, Head of the Department of Private Law.
Photos: Stephen Collett

On 11 April, the Faculty of Law held the first of the year’s series of Prestige Lectures presented by Prof Johann Neethling, Senior Professor in the Department of Private Law.  The event was attended by senior faculty members, the Dean of Law Prof, Caroline Nicholson, and the Vice-Chancellor and Rector, Prof Jonathan Jansen.

In his opening remarks, Prof Jansen said “Prestige lectures are at the heart of a university’s academic endeavour. It would serve the university community well to present them more often, as they go to the heart of important issues that affect society”

Prof Neethling made a compelling case for compensation for wrongful suffering by a child born with impairments. Since the mid-1960s, the actions of wrongful conception and wrongful birth have been recognised in South African law. Wrongful conception is defined as when a healthy child is born as a result of failed sterilisation or abortion, and wrongful birth is when a doctor fails to inform parents of a disability before the birth of their child.

“The reality is that a child born with impairments may indeed suffer (sometimes extreme) pain, loss of amenities of life, which would justify an award of damages,” he said.

So far, the action for wrongful suffering has been dismissed by the High Court and the Supreme Court of Appeal. However, he highlighted several cases where wrongful conception and wrongful birth was recognised by the courts.

“Why can the same approach (for wrongful conception and wrongful birth) not be followed in wrongful suffering claims by accepting that a disabled child seeks to address the consequences of its birth?” he asked.

Prof Neethling is regarded as one of the greatest minds in Private Law, not only in South Africa but in the African continent.

A festschrift, Essays in Honour of Johann Neethling (2015), with contributions from more than 50 of his peers around the world, was also launched at the lecture.

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