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

The COVID-19 pandemic has created profound disruptions in our economy and society.  Due to the challenges of this pandemic, most universities have decided to move from face-to-face classes to online teaching (more accurately defined as emergency remote teaching and learning) so as to complete the 2020 academic year, and to prevent the spread of the virus.

Online learning is the result of careful instructional design and planning, using a systematic model for design and development.  With remote emergency teaching and learning, this careful design process is absent.  Careful planning for online learning includes not just identifying the content to be covered, but also how to support the type of interactions that are important to the learning process.  Planning, preparation, and development time for a fully online university course typically takes six to nine months before the course is delivered.

Emergency teaching and learning is a temporary shift of instructional delivery to an alternative delivery mode due to crisis conditions.  Hence, one cannot equate emergency remote teaching and learning with online learning, nor should one compare emergency remote teaching and learning with face-to-face teaching. What is crucial is the quality of the mode of delivery, and although assessment methodologies will differ between face-to-face teaching and remote teaching and learning, the quality of the learning outcomes should be comparable.

The financial model used in a South African (residential) university consists of three main income sources: (i) the state or government through a subsidy (the so-called ‘block grant’), (ii) tuition fees, and (iii) third-stream income (which is mainly a cost-recovery component from contract research, donations, and interest on university investments). The National Student Financial Aid Scheme (NSFAS) contributes to the tuition fees through a Department of Higher Education, Science and Innovation Bursary Scheme, providing fully subsidised free higher education and training for poor and working-class South Africans (recipients will typically be students from households with a combined income less than R350 k per annum).  

The negative impact of COVID-19 on the income drivers of the university can, and probably will, be severe.  Although the subsidy from the state or government can be ‘protected’ for a cycle of two to three years through the National Treasury, the pressure on income derived from tuition fees (that component which is not funded through NSFAS) will be increasing, as households would have been affected by the nationwide lockdown and with the economy in deep recession, a significant number of jobs would have been lost. The economic downturn, due to both COVID19 and a sovereign downgrade by all rating agencies, has already negatively impacted local financial markets as well as the global economy. The multiplier effect of this would be that the value of investments and endowments decreases (at the time of writing the JSE was still 20% down compared to the previous year), and philanthropic organisations and foundations will most probably reduce or even terminate ‘givings’ to universities.

Industry, private sector, and commerce will re-assess their funding to universities, whether for research or bursary support.  Overall, it is possible that the income sources for universities can be affected negatively in the short term, but it will definitely have longer-term implications on the financial sustainability of universities.  In this regard, it would be important for universities to perform scenario planning on the long-term impact of COVID-19 on the financial position of the university, and to adjust their strategic plans accordingly.

The major expense item in the university budget is the salaries of staff – this item is a fixed expense, particularly in the short to medium term. Hence, when introducing emergency remote teaching and learning, hence the switch to a different pedagogy and approach, university management did not have sufficient time to restructure the fixed cost part of the budget.  There are certainly other items in the budget which can be reduced, re-allocated or removed, and hence universities should, as a preliminary measure and based on their current financial position, develop a revised or adjusted 2020 budget.

The emergency remote teaching and learning therefore becomes an additional cost. These costs include, amongst others:
• training, development, and assistance to academic staff in converting content to a digital platform and learning management system (LMS),
• procuring data for staff (those who need to interface with the students) working from home,
• expansion of a call centre to guide and assist students,
• the cost of data for students through the reverse billing of data,
• procurement of digital devices (entry-level laptops) for students lacking such devices,
• paying for increased access to e-textbooks provided by publishers,
• payment for copyright clearance of additional material provided online to students,
• re-integration costs of students in terms of social distancing,
• improved hygiene on campus, disinfection of residences and other venues on campus, 360 degree screening (and testing) for the virus, the establishment of quarantine facilities, and the provision of appropriate personal protective equipment (PPE). 

Obviously, these costs need to be offset against the fact that residences were not used for some time, with a subsequent decrease in water and electricity usage and savings on catering in the residences.  It should, however, be argued that even if the students were absent from campus and the residences for some time, the salaries of all staff involved with particular functions in relation to residential students, as well as certain fixed and non-controllable costs,  still need to be paid.  When the offset has been assessed, the residual value, i.e. the additional cost, is still a substantial cost to the university due to the implementation of emergency remote teaching and learning.

The question is: who will fund this cost?

The instinctive answer would be: the university.

I would argue that this cost should be borne by the university, the student, and the state (government).  This is a crisis – a global crisis of unprecedented proportions, and in this moment of restrictions on movement, telecommuting, and social distancing, working together is essential to overcome this crisis. Student agency is key, in that they would exhibit the will to positively influence their lives and the environment around them. This is what social justice and fairness are – contributing to the development path of the country.

Although it would be fair to assume that a rebate or pro-rated amount on the residence fees for students should be considered, it would not be an acceptable rationale to apply a rebate on tuition fees, as the 2020 academic programme will be delivered, albeit through a different mode, but ensuring the relevant and appropriate quality.  Furthermore, as indicated earlier, the higher education system will be impacted (at least financially) negatively in the short and medium term, and no country can afford a weak, non-functioning higher education system; hence a fiscal stimulus package from the state (government) would be crucial to assist the sector during the COVID-pandemic and beyond (in the short term).  South Africa has a highly differentiated higher education system, which is one of the legacies of our past history, and historically disadvantaged institutions will be affected the most during this pandemic.

COVID-19 is presenting unique challenges to universities globally, but it also provides us with an opportunity to be innovative, to improve social solidarity, and to co-create new ways of engagements among stakeholders for the greater good of society.  However, without a fiscal stimulus package from government, this pandemic can render our ‘differentiated’ higher education system a massive blow, which will be difficult to recover from. 

 

Opinion article by Prof Francis Petersen, Rector and Vice-Chancellor of the University of the Free State


News Archive

UFS law experts publish unique translation
2006-06-21

Attending the launch of the publication were from the left:  Prof Boelie Wessels (senior lecturer at the UFS Faculty of Law), Prof Frederick Fourie (Rector and Vice-Chancellor of the UFS), Prof Johan Henning (Dean: UFS Faculty of Law) and Adv Jaco de Bruin (senior lecturer at the UFS Faculty of Law). Prof Wessels translated the treatise from corrupted medieval lawyer Latin into English, Prof Henning is the leading author and initiator of the publication and Adv de Bruin assisted with the proofreading and editing. Photo: Stephen Collett

UFS law experts publish unique translation of neglected source of partnership law

The Centre for Business Law at the University of the Free State (UFS) has translated a unique long neglected Roman-Dutch source of the law of partnership law from Latin into English.  This source dates back to 1666. 

The book, called Tractatus de Societate (A Treatise on the Law of Partnership), by Felicius and Boxelius is published as Volume 40 in the research series Mededelings van die Sentrum vir Ondernemingsreg/Transactions of the Centre for Business Law.  It is the first translation of this Roman-Dutch source into English and comprises of a comprehensive discussion of the South African common law of partnerships.  

“Apart from various brief provisions dealing on a peace meal and an ad hoc basis with diverse matters such as insolvency, there is no comprehensive Partnership Act in South Africa.  The law of partnership in South Africa consists of South African common-law, which is mainly derived from Roman-Dutch law,” said Prof Johan Henning, Dean of the Faculty of Law at the UFS.  Prof Henning is also the leading author and initiator of this comprehensive publication.

“Countries such as America, England, Ireland and The Netherlands have drafted or are in the process of establishing new modern partnership laws in line with new international guidelines, practices and commercial usages,” said Prof Henning.

“However, in South Africa the most recent policy document released by the Department of Trade and Industry explicitly excludes partnership law from its present company law reform programme and clearly regards this as an issue for another day,” said Prof Henning.

“Unless there is a political will to allocate the necessary resources to a comprehensive partnership law revision program, it is a practical reality that South Africa will not have a modern Partnership Act in the foreseeable future,” said Prof Henning. 

According to Prof Henning South African courts have been using the Roman-Dutch partnership law sources as authority.  “The English Partnership Act of 1890 is not binding and the English text books should therefore be approached with caution,” said Prof Henning.

“A treatise on the law of partnership that has been regarded by South African courts as an important common law authority is that of  a Frenchman by the name of Pothier.  This treatise was translated into English and was regarded as an au­thority of significance in The Netherlands towards the end of the eighteenth century,” said Prof Henning. 

“Pothier’s opinions are however not valid throughout in the Roman-Dutch partnership law as it did not apply to the Dutch province of The Netherlands and it sometimes also rely on local French customs for authority,” said Prof Henning.

For this reason the Centre for Business Law at the UFS decided to focus its attention again on the significance of the comprehensive treatise of Felicius and Boxelius on the Roman-Dutch partnership law.  Felicius was an Italian lawyer and Boxelius a Dutch lawyer.

This long neglected source of partnership law was published in 1666 in Gorkum in The Netherlands.  "A significant amount of Roman-Dutch sources of authoritive writers trusted this treatise and referred to it,” said Prof Henning.

The translation of the treatise from corrupted medieval lawyer Latin into English  was done by Prof Boelie Wessels, a very well-known expert on Roman Law and senior lecturer at the UFS Faculty of Law.  Prof Wessels, who  has 15 degrees, spent almost ten years translating the treatise.  The proofreading and editing of the translation was done by Prof Henning and Adv Jaco de Bruin, a senior lecturer at the UFS Faculty of Law.

“We want the South African courts to use Volume 40 in the research series Mededelings van die Sentrum vir Ondernemingsreg/Transactions of the Centre for Business Law as the primary source of reference when cases where Roman-Dutch Law partnership law principles are involved, are ruled on,” said Prof Henning.

The first part of the publication comprises of selected perspectives on the historical significance of the work as well as a translation of selected passages. “The intention is to follow this up expeditiously with the publication of a very limited edition of a complete translation of the work,” said Prof Henning.

A total of 400 copies of the publication will be distributed to all courts, the Appeal Court and the Supreme Court.

Media release
Issued by: Lacea Loader
Media Representative
Tel:   (051) 401-2584
Cell:  083 645 2454
E-mail:  loaderl.stg@mail.uovs.ac.za
21 June 2006

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