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25 November 2020 | Story Prof Francis Petersen | Photo Sonia Small
Prof Francis Peterse, Rector and Vice-Chancellor of the UFS.

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

We are currently witnessing a time of the year that has become associated with intense campaigning against gender-based violence.

In the same way, it is also the season for school and university examinations and the annual holiday season. We also seem to have adopted a season for activism.

The 16 Days of Activism period, initiated by the first Women’s Global Leadership Institute in 1991, sees countries around the globe staging anti-abuse campaigns from 25 November (International Day for the Elimination of Violence against Women) to 10 December (Human Rights Day). 

And while every effort to focus attention on our country’s disturbing problem of gender-based violence remains important, we also run the risk of not only restricting our efforts to a certain period of time, but of ‘normalising’ the phenomenon of abuse. 

It is as if we are simply accepting that abuse is as unavoidable as end-of-year examinations or the upcoming holiday season. 

A second pandemic

In the light of President Cyril Ramaphosa’s acknowledgment earlier this year that gender-based violence (GBV) is as much of a pandemic as COVID-19, it would make sense to evaluate the response to our GBV scourge against the standard reaction to a pandemic of any nature. 

There has certainly been criticism of the way governments around the world have handled the threats posed by COVID-19. 

But I believe there are important lessons we can learn from the way leadership around the globe has dealt with this pandemic.    

Lesson 1: The Power of Priorities

It has become clear that once a threat is identified that is deemed serious enough, it takes prevalence above most other priorities. Action to address this is normally immediate and far-reaching. There is also general buy-in from the vast majority of citizens, accepting that all this is necessary and in everyone’s best interest. Only after this all-important first step has been made, subsequent issues such as legislation, funding, communication, and a plan of action can fall into place.

Lesson 2: The Power of Interruption

Once a pandemic is clearly prioritised, it is normally followed by an immediate break from the status quo. This break is sometimes partial, sometimes absolute, but almost always immediate.

It is born out of a general realisation that things cannot continue the way they are. That new ways of thinking about and doing things need to be adopted – and adopted at once.  Practices and habits that allow the threat to fester and grow are summarily changed or abandoned altogether.  

When one looks at the painfully slow progress that we are making in addressing gender-based violence in our country, it seems clear that we fall dismally short of the appropriate reaction to a pandemic.

Policy Framework a step in the right direction

Encouraging progress has, however, been made in the pre-lockdown period. 

In May last year, then Education minister Naledi Pandor appointed a ministerial task team to look into sexual harassment and violence at universities. One of the areas they assisted in, was to advise the department on the introduction and implementation of a policy framework to help institutions deal with gender-based violence. This policy framework was released by the Department of Higher Education, Science and Innovation in early August 2020.
Another positive development was the call last year by our 26 heads of public universities under the banner of the university vice-chancellors’ body, Universities South Africa (USAf), to act decisively in addressing violence against women amid escalating incidents of violence against women on university campuses in the country. 

USAf CEO, Prof Ahmed Bawa, reiterated the need for the kind of ‘interruption’ I referred to earlier, when he said: “If we want our society to change for the better, we need to respond differently to the decay that we’re increasingly witnessing in our society. Universities need to lead South Africa towards that change.”

Redefining education 

But just how do we do that? 

There are no simple solutions. But I believe a key factor is to focus on prevention and not only on reaction. We need to concentrate our efforts on creating the kind of citizens for whom abuse is simply not an option.

Our school and tertiary curriculums are sometimes criticised for not containing enough practical life skills. And although a lot of headway has been made to address this in recent years, I believe we need to critically look at the value we attach to these learning areas, and re-energise our efforts to communicate them effectively to learners and students. 
In the end, ‘education’ entails so much more than just teaching facts, figures, and concepts. We need to transfer a deep understanding of respect, equality, and tolerance along with our academic programmes.

At the University of the Free State, we implemented our unique UFSS module a few years ago. It is a compulsory module for all study fields and a prerequisite for completion of a degree, aimed at not only ensuring that students are successful in the world of work, but also that they form part of the next generation of responsible citizens in various ways. Initiatives like these need to be copied, continued, and intensified. 

Lesson 3: The Power to Adapt

At a recent protest against gender-based violence outside Parliament in Cape Town, one of the posters caught my eye.
“Being a woman in South Africa is to already have one foot in the grave,” it stated. It saddened and upset me greatly.
In a society that relies heavily on women in a social, professional, and leadership context, we simply cannot afford to have our women exposed to this kind of fearful reality.

And here lies another lesson from the COVID-19 pandemic: how quickly societies around the world could adapt to a new way of doing things. 

A vital pre-requisite though, is general buy-in from everyone involved. 

Women are vital for South Africa’s future

Judging by the pronouncements made by some of the most influential voices in government, education, and civil society, plus the unabated vigour of anti-abuse activists, we seem to have taken the first lesson of priorities to heart. 
 
What we now need is an interruption of the status quo, a significant and deliberate break away from condoning toxic masculinity and twisted paternalism; from turning a blind eye to even the smallest instance of abuse; from accepting bullying and an imbalance of power; from shirking our duty as educators, simply because it is safer to focus on purely academic learning content.  

And then we need to adapt – systematically and swiftly implementing a culture of human rights, respect, and equality in every sphere of society.

We need to do this, because we realise that there is a pressing urgency that comes with a pandemic. We need to move to a ‘new normal’ where women don’t feel that they are living with one foot in the grave. A ‘new normal’ where both their feet are firmly on solid ground, supported on either side by government and civil society – leading balanced lives as caregivers, business and industry leaders, and agents for change. 

We must do what is needed to rescue our women from the clutches of a pandemic. 

Because South Africa needs them.

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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