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30 October 2020 | Story Leonie Bolleurs | Photo Supplied
ARU Researchers on mountain slope
A team of international researchers discovered in March 2020 a new grass species, Festuca drakensbergensis, during extensive fieldwork in the 40 000 km2 Maloti-Drakensberg area.

In their search to learn more about the impact of humans and climate change on grasses in the Drakensberg Mountain Centre (DMC), one of the most studied mountain systems in the region, a group of scientists found a new grass species, which they named Festuca drakensbergensis (common name unknown; herein could be designated the ‘Drakensberg Alpine Fescue’).

The team who is working on the project includes Dr Vincent R. Clark, Head of the Afromontane Research Unit at the University of the Free State (UFS), Prof Steven P. Sylvester from the Nanjing Forestry University in Nanjing, Jiangsu, China, and Dr Robert J. Soreng, working in the Department of Botany at the Smithsonian Institution in Washington DC.

 

The discovery

The species, that was discovered in March 2020, was found during extensive fieldwork and herbarium research across the 40 000 km2 Maloti-Drakensberg area. The DMC has a very high endemic plant diversity, says Dr Clark.

He goes on to say that the DMC has a Montane Sub-Centre (below 2800 m) and an alpine sub-centre (above 2800 m). “It is the only mountain system in Africa south of Mt Kilimanjaro with an alpine component,” he adds.

ProfSylvester says the species was easily recognisable during their fieldwork, being found fairly common throughout the Afro-alpine landscape. Although at that point they only knew it to be a distinct taxon, they realised that the species was new to science when they tried to identify it and compared it with other closely related Festuca taxa.

Besides this discovery, the team also reinstated two varieties of Festuca caprina and rediscovered the overlooked F. exaristata, all of them endemic to the DMC. Prof Sylvester believes that this discovery highlights the importance of these high-elevation ecosystems as harbours of unique biodiversity that require focused conservation efforts.

Although grasses are a dominant species that control the ecosystem function in the Afro-alpine grasslands, they are the least known of all plant species found in these ecosystems. Up until now there has been a lack of focused research on Afro-alpine grasses.

 “We provide a taxonomic reappraisal of the Festuca caprina complex that will aid future ecological and biogeographical research in the DMC and allow us to better understand the complexities of these ecosystems and how to conserve and manage them,” says Prof Sylvester.

 

This discovery highlights the importance of these high-elevation ecosystems as harbours of unique biodiversity that require focused conservation efforts. - Prof Steven Sylvester

 

 

Adding value

According to Dr Clark, the species contributes to the grazing and rangeland value of the Maloti-Drakensberg. “It also has functional value in terms of maintaining ecosystem integrity and associated water production landscape value in the area,” he says.

“The species seems fairly robust to pressures from grazing and burning, being found in both heavily grazed areas and semi-pristine areas, and may prove a useful species as part of a seed mix of native grasses for reseeding degraded Afro-alpine slopes and ski slopes,” mentions Prof Sylvester regarding the benefits of this indigenous species to the region.

The species is very common in Lesotho in Bokong Nature Reserve, Sehlabathebe National Park, and Sani Pass, and at Tiffendell and AfriSki ski resorts. Dr Soreng believes the species is likely to have a wider distribution range across the Maloti-Drakensberg, than what was documented before research was cut short due to the COVID-19 pandemic.

 

Next steps

According to Prof Sylvester, this taxonomic research feeds into a large-scale ecological study looking at the response of Afro-alpine ecosystems to different grazing and burning regimes that is being run in collaboration with Dr Clark at the ARU and Dr Soreng of the Smithsonian Institute, Washington DC.

“While our research has uncovered interesting novelties and provided a greater understanding of the taxonomy of grasses from high elevation Maloti-Drakensberg, there is still much to be done with regards taxonomic research of cool-season grasses in southern Africa,” says Prof Sylvester.

Dr Clark supports this notion and states that there is a major need for a better holistic understanding of the alpine zone in the Maloti-Drakensberg, given immediate pressures from over-grazing, land-use transformation, invasive species, and climate change.

“This is because the Maloti-Drakensberg is the most important water tower in southern Africa, providing water for some 30 million people in three countries. As the Maloti-Drakensberg is dominated by natural grasslands, understanding grass diversity and ecological behaviour is a primary need in the face of immediate human impacts and global change,” he says.

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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