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20 April 2020 | Story Prof Francis Petersen | Photo Sonia Small
Prof Francis Petersen.

Our world has changed.  The aspects that we have accepted as daily occurrences, and those that we have taken for granted, are no longer possible.  Anxiety and uncertainty have filled our lives.  After the first infections in China at the end of 2019, the Coronavirus (COVID-19) has continued to spread across the world.  The number of people infected and those who die is increasing daily, and no continent has been able to escape this pandemic.  In addition to the threat to public health, the economic and social disruption threatens the long-term livelihoods and well-being of millions.  It has been said that the rate and global spread of infection by COVID-19, and the impact it could have on a globalised financial, political, and social architecture, sets this particular pandemic apart from any other in modern times.

Not only have governments declared national emergencies and implemented lockdown policies to curb the spread of the disease, they have also taken unprecedented measures to lessen the impact on business, jobs, and the vulnerable communities in our society.   The COVID-19 outbreak has catalysed a crisis, which is questioning the confines of inherited structures that have perhaps lost their intellectual edge and global mandate.

How are universities as global institutions of higher learning managing COVID-19?  

Universities are complex institutions.  I will not attempt to describe the role and purpose of the modern university here – safe to say that the views of John Henry Newman (The Idea of a University) and Wilhelm von Humboldt (his recommended views led to the creation of the University of Berlin) dominated Western thinking about the functions of a university.  Sir Colin Lucas, former Vice-Chancellor of the University of Oxford, remarked “…(universities) are seen as vital sources of new knowledge and innovative thinking, as providers of skilled personnel and credible credentials, as contributors to innovation, as attractors of international talent and business investment into regions, as agents of social justice, and as contributors to social and cultural vitality”.  There is no doubt that universities, through their intellectual knowledge base, can add (and they do) enormously to the science of COVID-19, whether it is developing a new vaccine, modelling, and forecasting skills to understand the spread of the virus in specific regions or innovative methods for supplemental oxygen delivery.  The role played by universities in this context is vast and critical.  

Universities serve a large variety of functions in the delivery of the academic project, which involves teaching, learning, and research to maintain, manage, and develop the physical and digital infrastructure – the engagement with external stakeholders (to foster societal impact) such as alumni, schools, governments, industry, the private sector, commerce, donors, and philanthropic foundations. Many universities are training medical doctors and other healthcare professionals, engaging with academic hospitals and placing them at the forefront of the healthcare system – a very complex organisation to manage, even in times with no crises!

Many universities have disaster management committees that were rapidly activated during COVID-19 to prepare plans for the unexpected.  This pandemic, due to the extent of unfamiliarity and uncertainty thereof, can challenge these efforts and expose limitations in such plans.

It is important that universities have a framework approach of effective coordination, integration, and decision making that is centrally located but can act fast.  Although universities are not the same, there is a common drive for the health, well-being, and safety of staff and students. Typically, such a framework could converge in an Executive Centre (decision-making) or nerve centre, which should preferably be convened by the Vice-Chancellor, and include expertise in areas of scenario planning, project management, science (in this particular case it would be virologists and/or epidemiologists), communication, and institutional culture.  In order for the Executive Centre (EC) to be effective and fast-moving (with urgency and robust thinking), it should be organised around multi-disciplinary task teams, each with key responsibilities:

Teaching and Learning –with the suspension of classes (specifically in countries where there is a lockdown), alternative methods need to be utilised to deliver the academic project, and most universities have moved online (although not online in the purest form, rather emergency remote learning – turning a course virtual in a short period of time, and more importantly, doing it well, is nearly impossible for faculty members accustomed to lecturing in front of students). Based on the extent of the particular lockdown period, academic calendars need to be adjusted. Low-technology approaches to teaching and learning should be developed that are sensitive to the challenges of connectivity, bandwidth, and the type of devices that students use, realising the deep socio-economic inequalities and digital divide in our society. It is critically important to stay in touch with the students, and to provide online assistance with respect to counselling and mental health.

Research – focusing on how experimental research will be conducted during lockdown, how research contracts will be managed during this period and beyond, and whether research funding will be redirected or terminated;

Science – to understand epidemiological developments, verified information on COVID-19 (against the background of fake news);

Operations – mainly focusing on environmental hygiene and the business continuation of the physical and digital plant;

Staff – working remotely, essential services (as defined by government), and crucial university functions, constantly staying in touch with the staff, especially regarding their state of mind (mental health) due to social isolation;  

Students – with a focus on responsible student integration on the re-opening of the campus, where the principle of social distancing need to be adhered to;

Financial and Legal – responsible for financial scenario planning, short-term cash management and risk management, and mitigation; and

Communications – need to be centralised to ensure that it is consistent, correct, rapid and that it takes into account institutional culture when communicating – crises create anxiety, but keeping people informed helps reduce stress.

It is advisable to include a student voice or student input in the Teaching and Learning Task Team, as the living experience of students can thus be captured more accurately, which can enhance strategies.

It is clear that the world will operate differently post-COVID-19 than before the pandemic (‘new normal’); the EC will become the source of scenario planning on how universities will have to ‘re-imagine’ themselves post this pandemic.  It is thus critical to ensure that data, experiences (although a health crisis, an economic, and perhaps a social crisis – an opportunity as a thought experiment), ideas and new networks are captured with a strategic intent and reflection within the EC. Not only has this crisis questioned the neo-liberal economies that traditionally limit government intervention and prioritise market interests, it also asked universities to think differently about their models of teaching, research, and internationalisation, and how co-creation across boundaries and different sectors of the economy need to be imagined.

A crisis is never straightforward to manage, but an Executive Centre-type structure could not only assist universities during this period, but can add valuable strategies to position universities after such a crisis.



Prof Francis Petersen is Vice-Chancellor of the University of the Free State, South Africa. He has extensive experience in scenario planning and systems thinking in both higher education and industry.

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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