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14 April 2021 | Story Dr Nitha Ramnath
Thought-leader series: corruption

2021 UFS Thought-Leader Webinar Series 

PRESENTS

a webinar on 

CORRUPTION IN SOUTH AFRICA: THE ENDEMIC PANDEMIC

As a public higher-education institution in South Africa with a responsibility to contribute to public discourse, the University of the Free State (UFS) will be presenting the webinar as part of the Free State Literature Festival’s online initiative, VrySpraak-digitaal. The aim of the webinar series is to discuss issues facing South Africa by engaging experts at the university and in South Africa. Some of the topics for 2021 include, among others, reimagining universities for student success; corruption; local elections, the state of business – particularly in the Free State. 

In 2020, the webinar series saw the successful participation of leading experts engaging on COVID-19 and the crisis facing the country socially, economically, and politically. This year, in lieu of the Free State Arts Festival, the UFS will present the webinar virtually over a period of five months. 

Second webinar presented on 4 May 2021

The second webinar for 2021 forms part of the UFS Thought-Leader Series, which is in its fourth year running. The scourge of corruption in South Africa has become endemic at all levels of the state and has rapidly accelerated the nation’s descent from a position of credibility that it once occupied during the era of Nelson Mandela. The economy is damaged; many state-owned enterprises are rendered dysfunctional, while self-enrichment by some political party cadres continues unabated at the peril of stark poverty and deepening inequality of the broader population. 
Are there grounds for optimism for South Africans who have been deeply wounded by the state of the nation? 

Date: Tuesday 4 May 2021
Topic:  Corruption in South Africa: the endemic pandemic 
Time: 12:30-14:00
RSVP: Alicia Pienaar, pienaaran1@ufs.ac.za by 2 May 2021 

Facilitator:

Rector and Vice-Chancellor, UFS

Panellists:

Director, Institute for Accountability in Southern Africa
Campaigning as Accountability Now 


Former Judge at the High Court, Cape Town

Deputy National Director of Public Prosecutions, National Prosecuting Authority

Dean: Faculty of Law, University of the Free State

Bios of speakers:

Adv Paul Hoffman
Advocate Paul Hoffman SC, a native of Johannesburg and a Wits graduate, practised law at the sidebar from 1975 to 1980 and at the Cape bar from 1980 to 2006. He took silk in 1995 and acted on the Cape bench at the invitation of three successive judge presidents. After retiring from the bar, he was founding director of the Centre for Constitutional Rights, and in 2009 co-founder of Accountability Now – both NGOs that promote constitutionalism. He is best known for his work on the irregularities in the arms deals, the unconstitutionality of the Hawks, and the bread cartel case in which a general class action was developed by the courts. He is the author of many articles and one book, Confronting the Corrupt, published by Tafelberg.

Judge Dennis Davis
Judge Dennis Davis is a retired judge in South Africa’s high court. He was educated at the Herzlia School and the Universities of Cape Town and Cambridge; and served as judge of the High Court, Cape Town (since 1998) and Judge President of the Competition Appeal Court (since February 2000). He is honorary professor at the Universities of Cape Town, the Western Cape, Wits, and is an extraordinary professor in the University of the Free State Centre for Human Rights. He is also Chair of the Davis Tax Committee and was one of the drafters of the Competition Act 1998 and the Companies Act 2008. He authored 11 books and held visiting professorial posts at the universities of Toronto, Melbourne, Harvard, Florida Brown, Georgetown and New York University. 


Adv Ouma Rabaji-Rasethaba
Advocate Ouma Rabaji-Rasethaba currently serves as the Deputy National Director of Public Prosecutions responsible for the Asset Forfeiture Unit (AFU) within the National Prosecuting Authority. She is the national co-ordinator of the anti-corruption strategic objective in the NPA (coordinating priorities for the Specialised Commercial Crime Unit, Investigating Directorate, and Asset Forfeiture Unit within the NPA). Adv Rabaji was admitted as an attorney in 1990, and later as an advocate of the High Court in 1996. She was previously Special Director of the AFU during its formative years, after which she joined the corporate sector in the area of governance and risk, followed by the bar, and practising as an advocate before re-joining the AFU in 2020.

Prof John Mubangizi
Prof John Mubangizi is Dean of the Faculty of Law at the University of the Free State. He has been full professor for more than 16 years. From 2005 to 2007, he served as Deputy Dean of the Faculty of Law at the University of KwaZulu-Natal (UKZN). After that, he served as Deputy Vice-Chancellor and Head of the College of Law and Management Studies at UKZN for 10 years. Rated as an established researcher by the National Research Foundation, Prof Mubangizi is widely published, with more than 70 publications to his name – most in SAPSE-accredited peer-reviewed journals – as well as a book titled The Protection of Human Rights in South Africa: A Legal and Practical Guide, which is used by scholars, practitioners, and students of human rights law in South Africa. He has also presented more than 40 academic papers at international conferences.  Prof Mubangizi is a member of the Academy of Science of South Africa (ASSAf) and has served as member and adviser to the ASSAf Council. He was also Chairperson of the Higher Education Quality Committee of South Africa and member of the Council on Higher Education. He also serves on various committees and in different ad hoc positions at institutional, national, and international levels.

News Archive

Protection of Information bill- opinions from our experts
2011-11-28

Prof. Hussein Solomon
Senior Professor in the Department of Political Science at the University of the Free State. 

In recent years, given their failure to effectively govern, the ANC has become increasingly defensive. These defensive traits have become particularly acute in light of the various corruption scandals that members of the ruling party involve themselves in.
 
Given the fact that for now they are assured of an electoral majority (largely on account of their anti-apartheid credentials), coupled with the fact that they have managed to make parliament a rubber stamp of the executive as opposed to holding the executive accountable, it is the media which has increasingly held the ruling party to account by exposing such corruption and incompetence in government.
 
The passing of the information bill, therefore, is not merely an attack on the media, but an attack on the pivotal issue of accountability. Without accountability, there can be no democracy.
 
By defining national interest broadly, by refusing to accept a public interest clause in the bill, the ANC increasingly shows its disdain to South Africa's constitution and its citizens.
 
More importantly, as former Minister of Intelligence and ANC stalwart Ronnie Kasrils pointedly makes clear, the ANC is also betraying its own noble struggle against the odious apartheid regime. It was the media which played a key role in exposing apartheid's excesses, it is the same media which is coming under attack by the heirs of PW Botha's State Security Council - Minister of State Security Siyabong Cwele and his security apparatchiks whose mindsets reflect more Stalin's Gulag's than the values of the Freedom Charter.
 
The passing of this bill is also taking place at a time when journalists have had their phones attacked, where the judiciary has been deliberately undermined and parliament silenced.
 
Democrats beware!

 
Prof. Johann de Wet
Chairperson: Department of Communication Science 
 
The ANC’s insistence on passing the Protection of State Information Bill in its current form and enforcing it by law, means that the essence of our democratic state and the quality of life of every citizen is at stake.
 
Yes, our freedom as academics, researchers, mass media practitioners and citizens comes into play. Freedom implies the right to choose and is, along with equality, an underlying principle which helps make democracy happen. While the South African state needs to protect (classify) information which could threaten its security and/or survival, the omission of a public interest clause in the Bill at this stage effectively denies a citizen the right to freedom of information.
 
 Freedom of information, along with press freedom, freedom of speech, freedom of assembly, freedom of association and religious freedom, are essential to democracy. These freedoms are granted because they conform to basic liberal ideas associated with (Western) democracy and which resonate with South Africa’s liberal constitution, such as (1) belief in the supreme value of the individual (and thus not of the state); (2) belief that the individual has natural rights (rights which belong to all human beings by nature – such as the right to life and to control government)) which exist independently of government, and which ought to be protected by and against government; and (3) recognition of the supreme value of the individual. 
 
One wonders how many cases of South African government corruption and mismanagement would have been uncovered by investigative journalists over the past number of years if this Bill in its current form was on the statute books. This Bill represents a backward step from the promise of democracy of having an informed public. The former National Party government had similar laws in place and one does not want to go there again. The infamous Information Scandal in South Africa of some thirty years ago, or Muldergate as it has come to be known, reminds one of what governments can do when it works clandestinely.
 
What South Africans need, is more information on what government structures are doing and how they are doing it with taxpayers’ money, not less information. While information in itself does not equal communication or dialogue, it is an indispensable part thereof, and the need for dialogue based on verifiable information is urgent for meeting vexed challenges facing South African communities. Academics in all fields of specialisation are constantly in need of untainted information to pursue answers and/or offer solutions to where South Africa should be moving in all spheres of life.

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