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23 September 2020 | Story Prof Theodore Petrus | Photo Supplied
Prof Theodore Petrus is Associate Professor of Anthropology at the University of the Free State.
As we as a South African nation prepare to celebrate Heritage Day on 24 September, and as we reflect on our heritage during Heritage Month, what stands out clearly is that this year’s heritage celebrations will be somewhat … different. It will not be like previous celebrations because as a country, we – along with our fellow continental and global citizens – have experienced what can be described as one of the greatest health, social, and economic challenges that we as a species have ever faced. The repercussions and impact of the COVID-19 pandemic will be felt for some time to come. And it is this realisation that may cast a little damper on our celebrations during this #Heritage Month.

But what can our shared heritage as South Africans teach us about who we are as a people, and how can this knowledge help us to adapt to and overcome the long-term challenges wrought not only by the pandemic, but also by the many other challenges facing us? 

Heritage Day is a celebration of our cultural heritage and diversity as a nation. It presents us with an opportunity to reflect on our individual and collective heritage. It is also an opportunity for us to take stock of the cultural and other resources that enable and empower us to take ownership of what we want to be as a nation, as a country, as a people. 
So, in view of the questions raised earlier, here are some ideas on what I think our shared heritage can teach us:

1. The heritage of where we come from

Inasmuch as our past is a painful one – a past that still has lingering effects decades after the transition to a democratic dispensation – it still plays a fundamental role in shaping who we are now, and who we want to become.
Colonialism and apartheid sought to suppress our indigenous cultures and traditions, and had a negative impact on our psyche, self-confidence, and dignity as indigenous and African people. But one positive that came from this, is that if it was not for our shared heritage of colonialism and apartheid, we probably would not have become the nation we needed to become to bring it to an end.  

Instead of destroying symbols of that painful past, we need to shift our perspective to re-interpret those symbols in a new way. The power of cultural symbols lies in their meanings. Symbolic anthropologist Victor Turner spoke about the ‘multivocality of symbols’, meaning that we can ascribe whatever meanings to our cultural symbols we choose. Let us reflect on how we can change the current meanings we ascribe to our cultural symbols that reflect an awareness of how the heritage of where we come from does not keep us trapped in negative and painful meanings of these symbols, but instead inspire us to create new positive meanings.

2. The heritage of where we are now

After 1994, we began the process of creating a new contemporary heritage as a nation struggling to free itself of the burden of a painful past. And while it was difficult, we have made significant strides. Yes, we do still face challenges rooted in the past: institutional and structural violence; race and diversity-related issues; intercultural and intergroup conflicts; crime and violence against men, women, and children; corruption at various levels of governance; and others. We are also faced with ‘newer’ challenges as a country that is part of the globalised world. Poverty, inequality, unemployment, slow economic growth, and ailing infrastructure are all contemporary problems, some of them rooted in the past, others the product of the contemporary context. 

What can we learn from our shared heritage of where we are now that can help us to overcome these contemporary challenges? We need to remind ourselves of what we are capable of as a nation. We have ended an oppressive regime, not once but twice. And, with all of the challenges, problems, and obstacles, we are still here.

3. The heritage of where we are going

This might sound strange, because heritage usually refers to the past and present. Rarely do we speak of heritage in a future-oriented context. However, as a nation, given our past and given our present, where we come from and where we are now determines where we are going. 

As South Africans, we need to ask the question: where do we want to go? Are we heading in that direction? If not, how do we change course so that we do go in the right direction? I have no simple answer. But what I can suggest is that it should start with critical self-reflection, both individually and collectively. We also need to ask ourselves what legacy we want to leave for future generations. Do we want them to still be struggling with the same problems and challenges that we are dealing with right now? Or do we want to leave them a legacy of a nation that stood up to its challenges, took ownership of them, and found a way to overcome them?

A globally devastating pandemic. A painful past. A present wrought with seemingly insurmountable obstacles. As a South African, as a child of the soil, I know that as a nation we can overcome, and we can emerge better and stronger. That is our heritage. The heritage of hope.

 

Opinion article by Prof Theodore Petrus, Department of Anthropology, University of the Free State 

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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