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18 May 2020 | Story Dr Marinkie Madiope | Photo Sonia Small (Kaleidoscope Studios)
Dr Marinkie Madiope.

In IsiZulu, there is a saying that goes, ‘indlela inbuzwa kwa ba phambili’, which can be loosely translated into, ‘direction is asked for, from those who’ve walked the path’. According to the illustrious Credo Mutwa, in his seminal masterpiece, Indaba my Children, 

“these are the stories that old men and old women tell to boys and girls seated with open mouths around the spark-wreathed fires in the centres of the villages in the dark forests and on the aloe-scented plains of Africa. Under the gaze of the laughing stars the Old One sits, his kaross wrapped around his age-blasted shoulders, staring with rheumy eyes at the semi-circle of eager expectant faces before him – faces of those who have taken but a few steps along the dark and uncertain footpath called Life – faces of the ones yet oblivious to the pain of life’s bitter scourges – faces yet unmarked by furrows of bitterness, ill-health and anger – the fresh, pure, open faces of…children. The fire dances in the middle of the round clay fireplace like a virgin revelling in the simple joy of being alive. It devours the dry twigs and logs that a little girl is constantly feeding it, leaving nothing but glowing ashes. It mocks the silent sky with a redly luminous column of smoke against its starry face and by sending up short-lived stars of its own”|

As the birthplace of humankind, the motherland, homeland, and ancestral origin of everyone on the planet, Africa is a blessed, special, and beautiful continent. It is an expansive abode of rich diversity, striking complexities and ornate nuances and peculiarities, both in its people and in its biomes.

With approximately 2 100 languages spoken by more than 3 000 ethnic groups in our population of just over 1,3 billion individuals spread across 55 countries, Africa is culturally, philosophically, and linguistically a very wealthy land.
Our shared, priceless heritage is littered with shining examples of the excellence, resilience, ingenuity, fortitude of character, strength, spirit, and love of our people. We have adapted to desertification, unshackled ourselves from slavery, replenished ourselves from years of famine, battled deadly viral diseases, nursed ourselves out of internecine conflicts, liberated ourselves from colonial oppression, and together, through it all, held fast the inherited role we collectively hold as custodians of humanity.

As Enock Maregesi spiritedly states:
“We are the children of Nelson Mandela; we are the children of Kwame Nkrumah; we are the children of Haile Selassie; we are the children of Samora Machel; we are the children of Robert Mugabe; we are the children of Patrice Lumumba; we are the children of Julius Kambarage Nyerere. We know who we are!”

And in this reverent knowledge of who we are, where we come from and what we have experienced to bring us to this present day where we celebrate our languages, our customs, our traditions, our ethnicities, our similarities and differences, our uniqueness, our Africa, and by virtue of that, our Africanness, we not only remember, but resonate with the heart-stirring words of Dr Kwame Nkrumah, “I am not African because I was born in Africa, but because Africa was born in me!”

We are grateful for the providence with which our continent has been virtuously spared from the unprecedented eventualities that have become synonymous with the leap year of 2020. The onset of the global lockdowns following the declaration of COVID-19 as a pandemic, averted a situation that could have escalated into a third world war; decreased the worldwide carbon emissions and pollution drastically; and served as a clarion call to unite humanity in the common goal of the preservation of human life. In spite of the hardships that came with re-adjusting our focus back to self-sufficiency, self-preservation through social distancing, and redefining what we term as essential, all of humankind has joined in remembering. Remembering how to do for self, remembering to care for those in need, remembering to cherish and respect the planet, and most importantly, remembering their African ancestry.

As we dutifully charter forth through the eternal passage of time, continuously evolving in conscious intelligence, consistently preserving human existence and steadily riding the throes of modernisation by globalisation, we invite all of humankind to take heed of our guidance, and ask for direction from those who have walked the path before. Let us illuminate the way forward for our planet by using the knowledge and ways that have been laboriously and painstakingly preserved for us by our forebearers though centuries of oppression, apartheid, discrimination, and derogation. 

We overcome. We inspire. We rise. We adapt. We thrive. It is our legacy to steer humankind back home, back to basics, back to mother earth. The historic events that have marked the first half of 2020 have highlighted to the world the inescapable importance of the cardinal African values of Ubuntu and a sustainable co-existence with nature. 

No, we are not African because we are born in Africa, we are Africans because Africa is born within us. Let us construct for the world a new model of being, a model of old, a model of nature, a model of our African nature.

On this Africa Day, go forth African child, and remember your sacred duty. Live your glorious destiny. Show the way for the rest of humanity. Mayibue!!!

Dr Marinkie Madiope is the Principal of the South Campus of the University of the Free State.

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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