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13 October 2020 | Story Lacea Loader

The Free State is currently one of the provinces in the country with the highest percentage of new tests that turn out positive for COVID-19. This also impacts on the staff and students at the University of the Free State (UFS), as the number of positive cases on the campuses has increased considerably during the past few weeks.  

The UFS experienced an increase of 47% in the number of students who tested positive from Level 2 of the national lockdown to Level 1. During the past few days, an increase of 21% in positive student cases has been experienced. In the case of staff, an increase of 34% in the number who tested positive occurred from Level 2 of the national lockdown to Level 1. Over  the past few days, an increase of 11% in positive cases has been experienced.

1. Adherence to national protocols and regulations

The safety, health, and well-being of staff and students remain a priority. Therefore, the university management is concerned about the rise in positive cases on the campuses and appeals to staff to adhere to the national protocols and regulations issued by the Ministers of Cooperative Governance and Traditional Affairs, Employment and Labour, Higher Education, Science and Innovation, and Health.   

It is important to note that non-adherence to certain of the national protocols and regulations is a criminal offence and is punishable by a fine or imprisonment of up to six months. By not adhering to national protocols and regulations, our staff is not only putting their own health at risk, but also the health of others.

2. Behaviour observed on campus  

The following behaviour has been observed among staff working on campus:
- Not adhering to social/physical distancing of 2 metres;
- Face-to-face contact without wearing masks (e.g. in boardrooms and tearooms, visiting each other in offices, etc);
- Not wearing a mask while moving on campus, as well as in buildings (except in the privacy of offices);
- Dishonesty during the screening process; and
- Non-compliance with isolation and quarantine guidelines.
Staff members are reminded that they may face disciplinary action if they do not adhere to the national COVID-19 protocols and regulations as issued by the different ministers. It is important that staff members be honest at all times during the screening process, as it has been observed that some staff members display some COVID-19-related symptoms but answer in the negative on the online screening app.

3. Reporting of positive COVID-19 cases
In terms of the directives issued by the Minister of Employment and Labour, the Minister of Health, and the Minister of Higher Education, Science and Innovation, the UFS is required to report all COVID-19 positive cases to the Department of Labour, the Department of Health, and the Department of Higher Education and Training.  All COVID-19 positive cases must thus be reported directly to the Senior Director: Human Resources (vjaarsj@ufs.ac.za) and Kovsie Health (johnr@ufs.ac.za) for further handling and reporting to the relevant government departments.

Please do not come to the campuses if you are experiencing any COVID-19-related symptoms and get tested as soon as possible.

Those staff members who test positive will receive the necessary advice from their medical practitioners and they can also contact Kovsie Health for assistance.


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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