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24 November 2020 | Story Andre Damons
Prof Gert van Zyl, Dean of the Faculty of Health Sciences, presented a copy of the book to Prof Francis Petersen, UFS Rector and Vice-Chancellor.

Looking at the history and highlights of the Faculty of Health Sciences at the University of the Free State (UFS) you will find a golden thread of innovation running throughout. The faculty has not been afraid of the unknown and its focus has always been on patients and quality academic education.

This is according to Prof Gert van Zyl, Dean of the faculty, who gave an overview at the virtual launch of the book: The History of the Faculty of Health Sciences: 2004 – 2020 on Tuesday (17 October 2020). Prof Johan Diedericks, Emeritus Professor in the Dean’s office, is the author of the book.

This book launch was part of the faculty’s 50-year anniversary celebrations.

A two-year journey

Prof Diedericks said the journey to materialising the book started two years ago when Prof Van Zyl “coaxed” him into compiling it. “At that stage I was writing the history of the Department of Anesthesiology and still had a 6/8 clinical appointment which meant I only had one day a week free to work on the book.

“But it was time well-spent. It started off with reading a lot of minutes and annual reports but at the same, time I requested and begged (but did not threaten) the departments for information. That was quite difficult. Several people assisted me in getting the information but the material came in slowly” said Prof Diedericks.

There was also cooperation from all the heads of schools who eventually made sure he got the information he needed. He wrote some of the sections himself and also edited and re-wrote parts of the information he received to ensure everything is the same format.

The book consists of eight chapters and five appendices with graphs and statistics. Chapter one is an overview of the changes since 2004 the present day and chapter two is about the office of the dean followed by the five schools in the faculty and all the departments within the schools.  The last chapter has information on other sections such as the Frik Scott Medical Library, National Health Laboratory Service, the SA Doping Control Laboratory (SADoCoL) and student organisations.

Faculty highlights

Prof Van Zyl said he was sure the experiences learnt from the past 50 years had prepared the faculty to survive 2020 – the year of COVID-19. In his overview, he spoke about the human contribution.

“The human contribution is the mortar between the bricks of this faculty, our staff and students not just today, but over 50 years. Looking at the history of the faculty and reflecting back, it was built by the collective and individual efforts of women and men in the faculty to ensure that each and every step is taken with integrity and quality to take us forward.”

He said he hopes this history will not only offer adequate information to appreciate the huge contribution that members of the Faculty of Health Sciences, the university community, and the entire Free State had made in health over the past 50 years.

Re-inventing yourself 

Prof Francis Petersen, UFS Rector and Vice-Chancellor, who received a copy of the book from Prof van Zyl, had a message to every one attending the virtual event: “If you don’t understand your history, where you come from, it is very difficult to know where you are going.

“In a learning environment such as the university, we always have to renew ourselves and you can renew yourself through what is happening in your current environment, through what happened in your history and also through what is happening in innovation going forward. I think that is the message captured in this book.

“There are various re-inventions that happened over this period and we should continue with that going forward as members of the faculty, as students, and as alumni of the faculty. The faculty can even go far beyond where it is at the moment. But we must remember we are standing on the shoulders of individuals who made major contributions, not only to the faculty, but to the province, to the country and internationally. We have a duty and responsibility to build on that and I know the faculty is doing that,” concluded Prof Petersen.

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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