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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

New building for Centre for Financial Planning Law
2012-04-23

 

A graphic illustration of the new building for the Centre for Financial Planning Law.
19 April 2012

 

During a recent tree planting ceremony, the Centre for Financial Planning Law in the Faculty of Law officially handed over the site for a new building for the centre. The building should be complete by the end of 2012.

The Centre for Financial Planning Law’s present premises has become too small for the needs of the centre, thus a decision was taken to build a new building.

The centre, which was opened in 2001 with three staff members, grew during the past 11 years to a centre with 13 permanent staff members. Some 1 300 students – 120 undergraduate and 1 200 postgraduate students in the Postgraduate Diploma in Financial Planning Law and the Advanced Postgraduate Diploma in Financial Planning Law respectively – are enrolled at the centre. Undergraduate students attend weekly contact sessions while the postgraduate students all study electronically through distance education.

According to Mr Rudolf Bitzer of Bitzer Design Studio, one of the two architecture firms involved in the development of the building, the new building was planned in order to to make provision for future extensions. “The opportunity for the centre to function independently was important from the beginning and facilities had to be positioned in such a way that the lecture hall and committee room could be hired out commercially when lectures were not being presented.

“The building consists of a large reception venue, which gives access to a lecture hall (which can be subdivided), a committee room, public amenities and a reception counter. The centre will present about ten lectures annually in its own building and the lecture hall can accommodate 80 students. Exams will also be written in the venue,” said Mr Bitzer.

The usable inside area of the building totals 827 square metres.

The staff function in their own section of the building, with the offices arranged around a courtyard. Security access makes it a secure environment. In addition, staff have access to a staff room with a service hatch to the reception room, reception counter, personal assistant’s office, nine individual offices and a large open plan office, a storeroom, a cleaners’ room and facilities for staff.

“With the design, an attempt was made to make the building stand comfortably in the landscape without disappearing into the natural landscape. It is an unpretentious building, which seeks to provide well articulated architecture,” said Mr Bitzer.

The architecture firms involved are Bitzer Design Studio and Roodt Architects.

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