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21 April 2021 | Story Financial Aid

Dear Student

Please take note that the NSFAS appeals process is now open.

FIRST TIME AND NEW APPLICANTS

First time1 and new applicants2 for NSFAS funding for 2021 whose applications were rejected by NSFAS must submit their appeal electronically on the MyNSFAS portal. Financial Aid offices may not accept manual forms for this group of students and may not submit manual appeals for this group to NSFAS. You will be able to track your status on the MyNSFAS portal.

SENIOR RETURNING/CONTINUING STUDENTS

Please see appeal form attached.

The following process is ONLY applicable to NSFAS returning/continuing students and exclude first time
and new applicants for NSFAS funding in 2021.

The following documents must be submitted from your “ufs4life” email address for your appeal to be
considered:
  • 1. Completed and signed appeal form attached herewith.
  • 2. Ensure that the relevant box indicating the reason for your appeal is checked.
  • 3. Signed motivation
  • 4. Supporting documents (e.g. Medical certificates, death certificate etc.) Your appeal can
  • unfortunately not be considered in the absence of documentation in support of your reason and
  • motivation for the appeal.
Please note that NSFAS confirmed that you cannot appeal if you exceeded the N+ period. You can only
submit an appeal for one of the reasons provided on the appeal form.

Please submit the abovementioned required documents as one single combined attachment in legible 
PDF format to your campus specific e-mail address below:
Bloemfontein Campus – NSFASAppealsBfn@ufs.ac.za
Qwaqwa Campus – NSFASAppealsQQ@ufs.ac.za
The closing date for submission of appeals is 30 April 2021 at 16:00 and no appeals will be accepted after
this date.

Issued by

Financial Aid

 

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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