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25 November 2019 | Story Prof Francis Petersen | Photo Sonia Small
Prof Francis Petersen
Prof Francis Petersen.

The international awareness campaign on 16 Days of Activism against Gender-Based Violence which is taking place from 25 November to 10 December 2019 provides an appropriate opportunity for higher-education institutions to reflect on a crucial issue that is touching the lives of so many women – including students and staff members – across the country, and the world. 

2019 has certainly been another challenging year when it comes to violence in general, and then specifically, gender-based violence in higher education.

It was marked by two traumatic incidents: The rape and murder of Media and Film Studies student at the University of Cape Town (UCT), Uyinene Mrwetyana; and the murder of University of the Western Cape (UWC) student, Jesse Hess. 

These horrific happenings were painful reminders of the pervasive nature of misogyny and patriarchal violence that impedes the freedom of women in South Africa.

As in the rest of the country, students, staff members, and stakeholders of the University of the Free State (UFS) showed up en masse in response, dressed in black to demonstrate their outrage at gender-based violence during a silent march on our Bloemfontein Campus in September. The sincerity and fervour of the marchers – women and men – was inspiring. 

More than symbolism needed

But the question is: Are these symbolic gestures enough? Should we not be doing more?

Abuse is a very physical act – often with dire, physical consequences.

Apart from all the discussions, demonstrations, and denouncements, is there not something we can do to physically fight this scourge? 

It is significant that demonstrators across the country were wearing black. Traditionally, this is the colour of mourning and loss. It symbolises not only the loss of life and opportunity that these incidents have caused, but also the loss of trust, innocence, and carefreeness for the wider community and potential victims everywhere.

There was a sad irony in seeing so many young people in mourning mode. After all, one’s study years are supposed to be some of your happiest years. It is a heart-breaking reality that gender-based violence can turn it into your most traumatic.

Powerful influencers: Good and bad

The post-school years is traditionally the time when young people often resolve not only what they want to become – in terms of career options – but also who they want to become. It is a time to sort out your approach to life and to other people and finding your own place in it. A time to determine your own values – the things that form the bedrock of who you are. Too often they fall back on the imperfect role models found in their communities and in celebrity circles, where violence and selfish interests are elevated.

How can we break this cycle of bad influences resulting in violence and abuse? How can we interrupt the process of elevating patriarchal and misogynistic role models?

I have often said that a university or any other institution of higher learning should be a microcosm of what our society should look like. Not because it is perfect and never makes mistakes, but because it is founded on principles of equality, tolerance, excellence, diversity, community upliftment, and forward-thinking – striving for social justice in everything that it does.

While students are on our campuses, we have a unique window of opportunity to influence and guide these young people at a time when they make crucial decisions about the rest of their lives. 

And to really play our part as positive influencers, we should give them more than just theory, rhetoric, abstract ideas, and symbolism. We should give them deliberate acts of caring.

Deliberate acts of caring

Two stories transpired at the UFS this year that reminded me of the powerful effect these deliberate acts of caring can have.  

Story 1: A second-year BA Journalism student, Precious Lesupi, decided to use her 21st birthday celebrations as an opportunity to give back to the communities around her. Not only did she spend the day with children at the Sunflower Children’s Hospice in Bloemfontein who are afflicted with life-threatening and life-limiting conditions. She also encouraged friends and relatives not to buy her gifts, but to rather make donations towards children battling terminal and chronic illnesses.

Story 2: A lecturer in our Department of Architecture, Hein Raubenheimer, reached out to a colleague who had just acquired a plot of land in an informal settlement. He got other lecturers and students involved by initiating an interdisciplinary research project and a building-supplies donation drive, in order to build a beautiful, eco-friendly home for his grateful colleague.   

These two Kovsies did not stop at just talking about solutions. They got physically involved – through deliberate acts of caring, and in the process, they powerfully counter-acted the devastating impact of abuse and neglect we have become so used to. 

Getting involved

It is an approach that can extend so much further than just interpersonal relationships.
On a community level, it can culminate in an attitude of looking out for one another’s interests. The practical outflow of this is that people will get involved when they see someone caught up in an unhealthy relationship, venturing into a dangerous area or being harmed in some way. Because they truly care about one another. It is about reaching out and arming one another – not only with information and encouragement, but also with physical support.

The power of caring communities

In the words of American author and organisational behaviour expert, Margaret J. Wheatley: “There is no power for change greater than a community discovering what it cares about.”

I believe that our response to the flood of violence and indifference that threatens to engulf our higher-education campuses, should be to fight it with a renewed sense of ubuntu – transpiring into real, deliberate acts of caring and kindness.


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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