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06 May 2019 | Story Prof Francis Petersen | Photo Sonia Small
Prof Petersen opinion piece
Prof Francis Petersen is Rector and Vice-Chancellor of the University of the Free State.

OPINION ARTICLE BY PROF FRANCIS PETERSEN, UFS RECTOR AND VICE-CHANCELLOR



The youth must vote, and political patronising must fall; or else our calls for young people to exercise their hard-won right to vote, will continue to be ignored.

South Africa’s youth does not have a culture of voting. And it is getting worse – that much is clear from statistics.

Earlier this year, the Electoral Commission of South Africa indicated that young people aged 18-19 make up only 16% of the voters’ roll. This is a sharp decline from the 34% in the 2014 national elections.

Those who do register to vote, often decide in the end not to cast their ballots. For example, in the 2016 local government elections, only 50% of registered voters aged 20 to 39 showed up at the polls on voting day.

Apathy vs disillusionment

Is it because young people simply do not care about the future of our country?

I would be very surprised if this was the case – as it simply does not line up with my experiences with the majority of students on the three campuses of the University of the Free State (UFS). What I often encounter, is young people who are keen to make a difference in society, but who are sceptical to do it via political means.

Studies done by the Institute for Security Studies and others seem to support this, concluding that young people have high expectations of politics and democracy, but find party politics confusing and alienating.  From their youthful vantage point, they seem to cut through the rhetoric quite easily, and quickly see when the promises and actions of politicians do not line up.

This leads understandably to young people who have very low levels of trust in political leaders. They also feel increasingly alienated by government’s lack of responsiveness to their needs, poor service delivery, and corruption.

It does not seem to point to apathy, but rather that young voters are using non-voting to protest a political climate where they feel they are not being heard.

Young people have shown signs of dissatisfaction with the currently available choices of political parties – making it more and more difficult to attract them to vote for political parties they cannot relate to.

Protest more effective

And why should they vote? Young South Africans have found that they often accomplish more through protest than through participation. The 2015-2016 #RhodesMustFall and #FeesMustFall movements bear stark evidence of this, where a concerted, coercive student effort seems to have forced the hand of government where traditional communication channels failed.

It is a dangerous situation when established systems of governance are circumvented and replaced with more radical means, simply because quicker and better results are obtained in this way.

The all-important youth voice

The bottom line is that we need our youth to become involved in order to be an effective democracy. Effective governance requires participation, and a low voter turnout weakens the quality of a democracy.

South Africa has one of the youngest populations in the world. More than 58% of our population is under the age of 30 years. This translates into a significant voter block that simply cannot be ignored.

By exercising their considerable voting power, young people can ensure that issues they deem relevant and important are prioritised.

Advances in technology and connectivity mean our youth are probably more equipped to make informed decisions than any generation before them. But somehow, all this access to information, opinions, and analysis is still not motivating them to take action by voting.

The challenge remains to provide them with political-party options that they can identify with, that actively promote issues of importance to them, and that follow through on promises with real action.

Creating responsible citizens

Our institutions of higher education are doing what we can to produce not only well-equipped, employable workers, but also good, responsible citizens.

At the UFS, we have a renewed focus on providing a safe space where openness, tolerance, diversity, and inclusivity are actively promoted. In April, we celebrated Social Justice Week through a range of events and activities aimed not only at sensitising our student population to social-justice issues, but also giving them an opportunity to actively participate in promoting it on various platforms.

Through our Free State Centre for Human Rights, the UFS is also compiling a set of guidelines for protests and political activities, making sure there is an ever-present human-rights foundation guiding the actions of and consequences for protesting students, non-protesting students, and security staff.

We train and appoint Human Rights ambassadors in our hostels to help establish mutual tolerance, non-discrimination, and transformation in on-campus living spaces.

Our Office for Student Leadership Development offers initiatives such as selective leadership programmes that cater for high-achieving student leaders who show potential.

We want to develop effective, agile, and inclusive student leaders. And, we want to equip them to become part of a new generation of responsible, forward-thinking, and innovative national leaders. If they cannot find a suitable political home that matches their expectations, they should have the skills and drive to create their own.

Yes – it is time for young people to vote.

But it is also time for our current elected leaders to take them seriously, and to really listen to the concerns of our youth.

If they don’t, we can in all probability expect more protest initiatives, perhaps of an increasingly violent and destructive nature. Moving further and further away from a healthy democracy and edging closer and closer towards anarchy.

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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