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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

UFS staff to get a minimum of 4,71 percent salary increase
2005-11-25

The University of the Free State (UFS) management and trade unions have agreed on a minimum of 4,71 percent salary increase for 2006 as well as a once-off non-pensionable bonus of R1200 payable in December 2005.

The agreement was signed today by representatives of the UFS management and the trade unions, UVPERSU and NEHAWU, in Bloemfontein.

Prof Niel Viljoen, Chief Director: Operations at the UFS and chairperson of the UFS Council’s representatives, and Prof Johan Grobbelaar, chairperson of the joint Union Forum, said: “The bonus is payable in December 2005 in recognition of the role that staff played during the year to promote the UFS as a university of excellence.”

He said the intention is to pass the maximum benefit possible on to staff without exceeding the limits of financial sustainability of the institution.
For this reason the negotiating parties reaffirmed their commitment to the Multiple-year Income-related Remuneration Improvement Model used as a framework for negotiations.

Proff Viljoen and Prof Grobbelaar said one of the factors that influence the model and therefore the negotiations is the level of subsidy the UFS receives from the government.

“As the state subsidy level is unfortunately not yet known, remuneration could vary several percentage points between a window of 4,71 and 5,5 percent. Should the state subsidy be such that the increase would fall outside this window then the parties will renegotiate.”

Proff  Viljoen and Prof Grobbelaar said the R1200 bonus is payable to staff members who were in the employ of the UFS on UFS conditions of service on 21 November 2005 and who assumed duties before 1 October 2005. There are however some exceptions.

The agreement signed today also provides for restructuring funds of R752 000 to address partial backlogs in support services, including an increase in the medical allowance of 640 staff members.

The implementation date for the salary adjustment is 1 January 2006, but could be implemented on a later date due to logistical arrangements.

Proff Viljoen and Prof Grobbelaar said the UFS and unions could reach an agreement despite the declining phase in income and the generally more difficult financial environment in which universities operate.

Prof Grobbelaar said salary negotiations are never easy, but the model is an important tool. The model made it possible to tie up salary negotiations for November 2006. “This is unique for any higher education institution.”

Media release
Issued by: Lacea Loader
Media Representative
Tel:  (051) 401-2584
Cell:  083 645 2454
E-mail:  loaderl.stg@mail.uovs.ac.za
24 November 2005

 

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