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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

Media: ANC can learn a lesson from Moshoeshoe
2006-05-20


27/05/2006 20:32 - (SA) 
ANC can learn a lesson from Moshoeshoe
ON 2004, the University of the Free State turned 100 years old. As part of its centenary celebrations, the idea of the Moshoeshoe Memorial Lecture was mooted as part of another idea: to promote the study of the meaning of Moshoeshoe.

This lecture comes at a critical point in South Africa's still-new democracy. There are indications that the value of public engagement that Moshoeshoe prized highly through his lipitso [community gatherings], and now also a prized feature in our democracy, may be under serious threat. It is for this reason that I would like to dedicate this lecture to all those in our country and elsewhere who daily or weekly, or however frequently, have had the courage to express their considered opinions on pressing matters facing our society. They may be columnists, editors, commentators, artists of all kinds, academics and writers of letters to the editor, non-violent protesters with their placards and cartoonists who put a mirror in front of our eyes.

There is a remarkable story of how Moshoeshoe dealt with Mzilikazi, the aggressor who attacked Thaba Bosiu and failed. So when Mzilikazi retreated from Thaba Bosiu with a bruised ego after failing to take over the mountain, Moshoeshoe, in an unexpected turn of events, sent him cattle to return home bruised but grateful for the generosity of a victorious target of his aggression. At least he would not starve along the way. It was a devastating act of magnanimity which signalled a phenomenal role change.

"If only you had asked," Moshoeshoe seemed to be saying, "I could have given you some cattle. Have them anyway."

It was impossible for Mzilikazi not to have felt ashamed. At the same time, he could still present himself to his people as one who was so feared that even in defeat he was given cattle. At any rate, he never returned.

I look at our situation in South Africa and find that the wisdom of Moshoeshoe's method produced one of the defining moments that led to South Africa's momentous transition to democracy. Part of Nelson Mandela's legacy is precisely this: what I have called counter-intuitive leadership and the immense possibilities it offers for re-imagining whole societies.

A number of events in the past 12 months have made me wonder whether we are faced with a new situation that may have arisen. An increasing number of highly intelligent, sensitive and highly committed South Africans across the class, racial and cultural spectrum confess to feeling uncertain and vulnerable as never before since 1994. When indomitable optimists confess to having a sense of things unhinging, the misery of anxiety spreads. It must have something to do with an accumulation of events that convey the sense of impending implosion. It is the sense that events are spiralling out of control and no one among the leadership of the country seems to have a handle on things.

I should mention the one event that has dominated the national scene continuously for many months now. It is, of course, the trying events around the recent trial and acquittal of Jacob Zuma. The aftermath continues to dominate the news and public discourse. What, really, have we learnt or are learning from it all? It is probably too early to tell. Yet the drama seems far from over, promising to keep us all without relief, and in a state of anguish. It seems poised to reveal more faultlines in our national life than answers and solutions.

We need a mechanism that will affirm the different positions of the contestants validating their honesty in a way that will give the public confidence that real solutions are possible. It is this kind of openness, which never comes easily, that leads to breakthrough solutions, of the kind Moshoeshoe's wisdom symbolises.

Who will take this courageous step? What is clear is that a complex democracy like South Africa's cannot survive a single authority. Only multiple authorities within a constitutional framework have a real chance. I want to press this matter further.

Could it be that part of the problem is that we are unable to deal with the notion of "opposition". We are horrified that any of us could become "the opposition". In reality, it is time we began to anticipate the arrival of a moment when there was no longer a single [overwhelmingly] dominant political force as is currently the case. Such is the course of change. The measure of the maturity of the current political environment will be in how it can create conditions that anticipate that moment rather than ones that seek to prevent it. This is the formidable challenge of a popular post-apartheid political movement.

Can it conceptually anticipate a future when it is no longer overwhelmingly in control, in the form in which it currently is and resist, counter-intuitively, the temptation to prevent such an eventuality? Successfully resisting such an option would enable its current vision and its ultimate legacy to our country to manifest itself in different articulations of itself, which then contend for social influence.

In this way, the vision never really dies, it simply evolves into higher, more complex forms of itself. If the resulting versions are what is called "the opposition" that should not be such a bad thing - unless we want to invent another name for it. The image of flying ants going off to start other similar settlements is not so inappropriate.

I do not wish to suggest that the nuptial flights of the alliance partners are about to occur: only that it is a mark of leadership foresight to anticipate them conceptually. Any political movement that has visions of itself as a perpetual entity should look at the compelling evidence of history. Few have survived those defining moments when they should have been more elastic, and that because they were not, did not live to see the next day.

I believe we may have reached a moment not fundamentally different from the sobering, yet uplifting and vision-making, nation-building realities that led to Kempton Park in the early 1990s. The difference between then and now is that the black majority is not facing white compatriots across the negotiating table. Rather, it is facing itself: perhaps really for the first time since 1994. It is not a time for repeating old platitudes. Could we apply to ourselves the same degree of inventiveness and rigorous negotiation we displayed up to the adoption or our Constitution?

Morena Moshoeshoe faced similarly formative challenges. He seems to have been a great listener. No problem was too insignificant that it could not be addressed. He seems to have networked actively across the spectrum of society. He seems to have kept a close eye on the world beyond Lesotho, forming strong friendships and alliances, weighing his options constantly. He seems to have had patience and forbearance. He had tons of data before him before he could propose the unexpected. He tells us across the years that moments of renewal demand no less.

  • This is an editied version of the inaugural Moshoeshoe Memorial Lecture presented by Univeristy of Cape Town vice-chancellor Professor Ndebele at the University of the Free State on Thursday. Perspectives on Leadership Challenges In South Africa

 

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