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13 October 2020 | Story Prof John Mubangizi | Photo Sonia du Toit
Prof John C Mubangizi is Dean: Faculty of Law, University of the Free State.
South Africans are sick and tired of corruption. They are angry, frustrated and despondent. And they have every reason to be. South Africa has many problems: crime, unemployment, poverty, gender-based violence, inequality, low economic growth and now – in common with many other countries – COVID-19. The list goes on and on. What makes corruption the biggest threat among all these is that it cuts across all of them and impacts on their gravity in different ways. 

The South African Constitution envisages a society based on democratic values, social justice and fundamental human rights. The way things are going, that society is never likely to happen. That is because corruption has been, and continues to be, the greatest threat to any possibility of realising that constitutional dream. In South Africa, like everywhere else where corruption is rampant, it occurs both in the public and private sectors, where it affects democracy and human rights by deteriorating institutions and diminishing public trust in government. It impairs the ability of government to fulfil its obligations and ensure accountability in the delivery of economic and social services like healthcare, education, clean water, housing, and social security. This is because corruption diverts funds into private pockets – which impedes delivery of services – thereby perpetuating poverty, inequality, injustice and unfairness. The problem is aggravated when government is the main culprit. “Government” here, of course, refers to the dictionary meaning of the term, namely, “the group of people with the authority to govern a country or state”.

Corruption existed in ancient Egypt, China and Greece

There are those who argue that corruption is as old as mankind and, therefore, it is here to stay. Indeed, corruption is known to have existed in ancient Egypt, ancient China and ancient Greece. In Robert Bolt’s 16th Century play A Man for All Seasons, Richard Rich’s opening remark is “But every man has his price.” In the 1836 play The Government Inspector, Nikolai Gogol cleverly satirised the human greed, stupidity and extensive political corruption in Imperial Russia at the time. And in a recent article in The Conversation (28 August 2020), Steven Friedman wonders why South Africans express shock at corruption when “it is perhaps the country’s oldest tradition.” He locates the advent of corruption in South Africa at the arrival of Jan van Riebeeck in 1652, through to the ensuing colonialism and apartheid. He argues that in reality, “corruption has been a constant feature of South African political life for much of the past 350 years. It is deeply embedded and it will take a concerted effort, over years, not days, to defeat it”. 

Agreed, but does it have to be that way? At the time of Jan van Riebeeck and during the 350 years of colonialism and apartheid, we did not have the legal framework that we have now. Here is a brief overview of that framework.

Read full article here

Opinion article by Professor John C Mubangizi, Dean: Faculty of Law, University of the Free State


News Archive

RC members of Armentum not expelled from residence
2009-05-29

According to a memorandum of agreement that was concluded between the University of the Free State (UFS) and the Residence Committee (RC), the Senior Bond Committee and seniors of the Armentum Residence, the parties involved agreed, among others, that the RC members of this residence would not be expelled from the residence.

This follows an incident during which a first-year student from Armentum, Alex Marais, was injured because of alleged initiation and admitted to the Bloemfontein Medi-Clinic.

According to the agreement, the RC members will resign from their positions and not make themselves available for the next RC election, with the exception of Mr M.J. Pretorius, the RC member for Rag. He will stay on as unelected member of the interim RC. The UFS undertook to pay the RC that is stepping down their honorariums honorariums in August.

The UFS also gave permission to the Residence Head of Armentum, Adv. Bradley Smith, to appoint an interim RC for the remaining period of office of the current RC.

The Senior Bond must also undertake to submit the current rules of the Senior Bond Committee to the Acting Rector, Prof. Teuns Verschoor, before 1 June 2009. The Senior Bond Committee undertakes to comply strictly with these rules, also during Senior Bond activities.

In addition the Senior Bond Committee and the current Residence Committee must submit the following information to Prof. Verschoor before the reopening of the UFS for the second semester :
- The current orientation practices with regard to first-year students.
- Proposals on how the practices can be adjusted to render them enforceable within humane, reasonable, fair and humanitarian limits in order to implement and comply with the objectives of orientation, the exercising of control and the laying down of rules.

The compensating fine that was levied against the tuition fees accounts of senior students of Armentum, which would have been used to contribute to the medical costs of Alex Marais, is now cancelled.

This settlement is final and the parties will not lay any claims against each other as a result of this incident in future.

Media Release:
Mangaliso Radebe
Assistant Director: Media Liaison
Tel: 051 401 2828
Cell: 078 460 3320
Email: radebemt.stg@ufs.ac.za
29 May 2009

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