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23 October 2019 | Story Valentino Ndaba | Photo Valentino Ndaba
Dr Patience book
From left: Prof Melanie Walker (SARChI Chair and Director of Higher Education and Human Development Research Group), Dr Patience Mukwambo (author of the monograph), and Dr Mikateko Hoppener, Senior Researcher in the group.
“A quality higher-education learning experience is a transformative experience for both students and lecturers who develop their minds in criticality, as well as social and self-identity, in addition to other skills and competencies.” This was the message from Dr Patience Mukwambo at the launch of her recently published book – ‘Quality in Higher Education as a Tool for Human Development: Enhancing Teaching and Learning in Zimbabwe’.

The book is a product of her doctoral research and was launched by the office of the SARChI Chair in Higher Education and Human Development, where Dr Mukwambo is a full-time researcher and was introduced at an event held at the Bloemfontein campus of the University of the Free State (UFS) on 21 October 2019. 

Depressing higher-education system

Dr Mukwambo was joined in conversation by Prof Brian Raftopoulos, a Mellon Senior Research Mentor in the Centre for Humanities Research at University of the Western Cape. 

Both scholars testified to the concept of critical thinking, alluding to the depressing state of education in Zimbabwe due to limitations posed by a non-expanding economy and a repressive political space. 

Prof Raftopoulos told the audience the idea of critical thinking has a long genealogy in radical thought which has deepened its roots in modern-day society. 

“What you have seen through the introduction of STEM (Science, Technology, Engineering, and Mathematics), is the increasing idea of functionalising education for a work economy. More often than not, you will hear the state saying it is up to school-leavers to create their own jobs,” said Prof Raftopoulos. According to Dr Mukwambo, part of the challenge is that “critical thinking is omitted on purpose and therefore universities lack a moral compass to work from”.

“While the broader economy might be constraining there are opportunities to develop critical thinking in the classroom, although it might not be uniform across all universities,” said Dr Mukwambo.

Equipping graduates with critical-thinking skills contributes to a range of benefits, such as improved wellbeing, economic outcomes, political engagement, and human capital formation. Quality in teaching and learning is therefore indeed a step in the right direction, towards social justice.


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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