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06 May 2020 | Story Prof Thidziambi Phendla. | Photo Supplied
Prof Thidziambi Phendla.

Our lives as we know it will never be the same again because of the Covid-19 pandemic. The education system, among other sectors, will be subjected to changes in the provisioning of teaching and learning. 

School disruptions are a familiar phenomenon in both basic and post-school education in South Africa. In recent years, South Africa has seen waves of student boycotts, disruptions, and shutdowns of universities and TVET colleges. Most disruptions lasted for a few days, while some went on for several weeks. One case in particular is that of Vuwani in Limpopo, where more than 50 schools were either vandalised or burned to ashes; nevertheless, the school year was recovered, and learners progressed to the next level. The main difference between the usual disruptions and the current situation lies in the enormity of the shutdown, given that it is clouded at a national level by unpredictable decisions made by the National Committee. 

Shortening school holidays
If the June exams were to be scrapped, the chief challenge would be the lost opportunity to evaluate and assess the extent to which the students have achieved the academic objectives stipulated for the subjects in the curriculum. June examinations for the other grades may not have a serious impact on the learner’s progress to the next class, as other forms of assessment could still be used. However, for matric learners, scrapping the June exams may have a huge effect, since learners require quality assessed examination results to guarantee entrance into higher education institutions.

Shortening of school holidays may not have a huge impact on learners, as this system has been in operation for many years. Many of the best performing schools shorten the school holidays to assist learners in Grades 11 and 12. In many schools, learners continue with normal schooling during the June holidays and rest during the last week of the holiday.  This strategy is already being used by the best performing schools in their quest to support learners to achieve excellent matric results. Depending on the number of days lost during the national lockdown, the option of shortening the June holidays may be the most commendable.

At face value, the strategy to lengthen school days may be the most preferred, as a number of schools in the country are already implementing it at a deeper level. Increasing the number of teaching hours may, however, have an adverse impact on the learners, who may experience enormous mental exhaustion. If the day is lengthened, it is advisable to consider not more than five hours per week.  

Deliver modern and classroom-targeted technologies 
To complement the time recovery mentioned above, there would be a need for a series of changes in some, if not all, the fundamental elements of the effective provision of teaching and learning discussed below. First, change in pedagogical approaches is inevitable. Therefore, classroom teaching will not be the same again. Second, teachers will be compelled to adapt to the use of assessment data in their endeavours to drive teaching and learning. Third, teaching in the 4IR will no longer be negotiable, but will demand advanced skills to deliver modern and classroom-targeted technologies.

Fourth, it will be crucial for teachers to acquire innovative skills to manage students’ undesirable behaviour and conduct. Fifth, immense attention to curriculum mapping, integrated learning, and lesson planning will be required. Last, pastoral care responsibilities that include social and emotional support strategies will help provide the foundation to support teaching and learning. 

In conclusion, the principal elements that make teaching and learning possible and attainable, are the teachers who will be required to learn new skills and approaches to fast-track recovery of learning. If the lockdown is lifted and schools are reopened, the number of learners must be reduced dramatically from the average of 50 to a maximum of 20 learners in a classroom in order to maintain social distancing.

Prof Thidziambi Phendla is currently Manager of Work-Integrated Learning at the University of the Free State. She is the Founder and Director of the Domestic Worker Advocacy Forum (DWAF) and the Study Clinic Surrogate Supervision; and Chair of the Council of the 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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