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22 April 2020 | Story Prof Thidziambi Phendla. | Photo Supplied
Prof Thidziambi Phendla.

The Hollywood movie, Contagion, acutely reminded me of the impact of COVID-19 on our education our education system. The many parallels between this movie and what is unfolding worldwide today in unbelievable. Nine years ago, who would have predicted that the world would find itself right in the middle of the plot and enacting the scenes in Contagion?

There is growing concern about our education system with many asking whether the school year is ruined.

For some it may be ruined and for others less so. Parents for disadvantaged communities do not have the means, knowledge and resources to support their children’s learning during the lockdown whereas those from more advantaged communities may access information on Department of Basic Education (DBE) and other websites to support home schooling during these times. For those who did not have these opportunities the loss of school time may thus have a much greater impact.

Embracing homeschooling
However, the school calendar year may equally be extended to early next year. In any event, we already have a system that allows for aggrotats, supplementary exams that runs into the new year, each year. The academic year can be aligned to close accommodate the lost time.

This is the right time for parents to embrace homeschooling of their children. UNESCO’s “COVID-19 Education response” provides a list of educational applications, platforms and resources aims to help parents, teachers, schools and school administrators facilitate student learning and provide psychosocial support during periods of school closure. Most of the solutions are free and many cater to multiple languages. The lists are categorised based on distance learning needs and most of them offer functionalities across multiple categories (https://en.unesco.org/covid19/educationresponse/solutions).

On the one hand, for the majority of learners and students in South Africa, especially from impoverished communities, distance learning will pose a great challenge. Majority of these communities have less access to digital devices and online solutions. The DBE should work with the SABC and consider opening a free 24 hours learning channel, as a platform to provide further support to distance learning and teaching. Radio remains the cheapest and most effective means for this

On the other hand, the situation is different with some private or IEB schools. Most learners from these schools are already trained to use distance learning platforms.  For example, during this lockdown, my 13year old niece starts her school day at 07:30 every day without fail. The school uses several strategies including the Microsoft Teams to support teaching and learning. Each learner has a laptop, completes home-work, assignments and write open book tests. In this scenario, at least 80% of efficient learning and teaching occurs. The difference between the two scenarios is a matter of inequalities, equity and poverty which still prevalent in South Africa.

An unequal school system
For many years the slogan was: “Liberation first then education” maybe it is time for “life and health first”. Even in the most difficult times people have found a way to learn – think of those on Robin Island in the apartheid years. We should imitate their example and not wait for the government to provide. Maybe libraries are an essential function that should remain open in these times.

Protracted student protests in South Africa over the past few years gave universities an opportunity to explore online education as an alternative to contact teaching and learning, and have put them in a better position to deal with current shutdowns necessitated by the need to contain COVID-19.

The pandemic exposed the glaring inequalities, equity and poverty that continues to exist, in particular, in education systems and country in general. Those who have the latitude to remain indoors and maintain the social distancing are the middle and upper classes of our society. These groups have access to data to support online educational programs, while the poor barely survive to put food on their tables.

For many years the world was expecting a virus that could spread globally (e.g. the swine flu) but nothing was done. With the myriad of challenges facing, including downgrading to a junk state, funds depleted through corruption at various levels, our country could not be at a worse position than now.

Lessons from the lockdown
One lessons from the lockdown has exposed the failures and shortcomings of not only our education system, but also the entire ecosystem. Huge inequalities still exist in education systems across the globe. Universities are grappling with a myriad of problems including teaching online.  The COVID-19 pandemic forced campuses to shut down and move many functions like graduation, examinations, conferences and other collaborations to the back. Another positive outcome of the pandemic is the sense of unity it created among political, cultural, religious and social organisations in South Africa and across the globe. Consequently, the most important lesson is that lives matter more than education.

As our president, Cyril Ramaphosa said, “We are currently in unchartered territory, which we have never had to navigate before”. It is therefore, very difficult to forecast the full degree of the short-, medium- or long-term impacts of the COVID-19 pandemic on the education system. The longer the virus remains, the greater and more permanent changes may be. Certain things will probably change forever. Not only will our conception of going to office to work alter, but also our whole conceptualization of what a university is will change. We will probably see universities becoming more and virtual and operated from a highly decentralized basis. 

                                                              

Prof Thidziambi Phendla is currently manager of Work Integrated Learning at the University of the Free State. She is the Founder and Director of Domestic Worker Advocacy Forum (DWAF); and The Study Clinic Surrogate Supervision; Chair of Council: Tshwane North TVET College (Ministerial appointment).

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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