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06 February 2020 | Story Michelle Nöthling | Photo Johan Roux
Symposium bridges the gap between students, staff, and management
Students from the UFS, UCLA and VUA shared on their collective experience within higher education at the colloquium.

The Unit for Institutional Change and Social Justice at the University of the Free State (UFS) united with the University of California, Los Angeles (UCLA), and the Vrije Universiteit Amsterdam (VUA) on the Bloemfontein Campus in a symposium discussing ‘Fragility and Resilience: Facets, Features and (Trans)Formations in Higher Education’. “It is really the only conference that brings together support staff, academic staff, students, and upper administration management, which includes vice-chancellors, rectors, presidents, and provosts,” said Dr Dionne van Reenen, Senior Researcher in the Unit for Institutional Change and Social Justice, and convener of the event.

Dr Van Reenen further explained that, when it comes to matters such as policy changes, contact between these various groups at a university is crucial. In general, upper management has very little contact with students. Students would rather approach academic staff. In turn, academic staff members are often reluctant to approach support staff, since support staff are already burdened with administrative tasks. But, Dr Van Reenen continued, all these stakeholders actually need to move closer to each other, since the Academic Project goal is the same: delivering excellent-quality graduates and producing new knowledge. With this in mind, the symposium programme specifically included panel presentations and discussions by academic as well as support staff and students. What emanated from these discussions was a rich variety of topics speaking to various aspects of fragility and resilience. The following are only a few excerpts from these engaging dialogues. 

Using counter-stories to narrate fragilities and resilience in higher education institutions in South Africa

Dr Fumane Khanare, Dr Ntombizandile Gcelu, and Pearl Larey – all three academic staff members in the UFS School of Education Studies, and Lihle Ndlovu, Head of Department for Business Studies at the uMfolozi TVET College – use narratives to interrogate fragility and resilience among black women in higher education. They wanted to go beyond surface conversations about how each was doing and decided to use critical race theory to question even their own stories through collaborative learning. They share, listen, question, and reflect, and as a result, create new narratives through counter-stories. “We are trying to explore our narratives,” Dr Khanare said, “not only as the outsiders, but as the insiders as well. From our background, we cannot ignore that we came here full of potential, but full of fragilities as well.” 

The ambiguity of change: The stories that South African student narratives tell 
Continuing the exploration of narratives, Dr Frans Kamsteeg from the Department of Sciences at VUA shared his research among students of the UFS who were part of the Leadership for Change programme. The programme, that came to an end in 2016, took UFS students through a process of leadership courses and training and included a trip to one of the external participating foreign universities. Dr Kamsteeg subsequently received several groups at the VUA and became interested in how these students engage in transformation processes at the UFS. Presenting seven vignettes of students’ narratives, Dr Kamsteeg revealed a tapestry of multivocality and fragility, and a meandering path of self-identity and transformation. “They learned a lot about academic citizenship and becoming responsible citizens,” Dr Kamsteeg added.

Keeping up with changing times: Student leaders, resilience, fragility, and professional development

Dr Marguerite Muller, Pulane Malefane, and Liezl Dick were all residence heads at the UFS. During the #FeesMustFall period, they realised that the role of student leaders had begun to change. They saw how these roles evolved and became interested in how student leaders became stakeholders and decision makers at the UFS. An interesting outcome from the arts-based research was that in the individual drawing exercise – in which students had to represent their lives as a winding river – fragility did not feature at all. Instead, the student leaders chose to depict sources of challenges and support, and how these factors built resilience. However, in the group exercise where students had to stage a puppet show, the stories revealed clear areas of fragility. Essentially, the students were willing to show fragility as long as they were fragile with others. “What we learned was that it is really important for student leaders to understand the complexity of their roles. Student leaders also need to learn and understand that it is okay to fail, that you need to grow and need to change, and that fragility in this sense is not necessarily a weakness,” Dr Muller concluded.

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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