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Is South Africa falling apart – where to from here?

12 August 2021 | Story Dr Nitha Ramnath

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.

Fourth webinar presented on 24 August 2021
What South Africa will look like after the recent unrest in KwaZulu-Natal and Gauteng, is yet unknown. As the country is attempting to normalise while tallying the human, political, and economic cost of the riots – what we know for sure is that the events of the past few weeks have dispelled the impression of South Africa as exceptional, with a triumphant future. Moreover, the inconsistent response from government during and after the unrest laid bare the divisions within the ruling party. As South Africans are reeling from the aftermath of the looting, a lacklustre response from leaders with unreliable, conflicting messages has brought little comfort to those most in need.

What happens now? What will it take for South Africans to advance a cohesive vision to provide a sustainable future for the next generation?

Date: Tuesday, 24 August 2021
Topic: Is South Africa falling apart – where to from here?
Time: 12:30-14:00
RSVP: Alicia Pienaar, pienaaran1@ufs.ac.za by 20 August 2021

Facilitator:

Prof Francis Petersen
Rector and Vice-Chancellor, UFS

Panellists:

• Prof Bonang Mohale
UFS Chancellor
Professor of Practice
Johannesburg Business School, and
Chairman Bidvest Group Limited

• Nikiwe Bikitsha
Board Member: Nelson Mandela Foundation
CEO and co-founder: Amargi Media

• Qaanitah Hunter
Political Editor: News24

• Prof Anthony Turton
Affiliated Professor
UFS Centre for Environmental Management

Bios of speakers:

Prof Bonang Mohale

A Professor of Practice at the Johannesburg Business School’s College of Business and Economics, and Chairman of the Bidvest Group Limited, Prof Mohale is a published author and respected business leader who has held chairmanships and directorships at some of South Africa’s top companies. He currently serves on the boards of Swiss Re Africa Limited, Rand Merchant Bank Limited (RMB), the Automobile Association of South Africa, and SBV. Prof Mohale was the former Chief Executive Officer of Business Leadership South Africa (BLSA). In 2001, he received the President’s Award for his servanthood in South African industry, and in 2019 the Free Market Foundation’s Luminary Award. Prior to joining BLSA, Prof Mohale was the Chairman of Shell Downstream South Africa (Pty) Limited, and Vice-President of Shell Upstream.

Ms Nikiwe Bikitsha

Nikiwe Bikitsha is a former journalist who has been at the forefront of major national and international developments in a news and current affairs broadcasting career spanning twenty years. Nikiwe is a Fulbright Hubert H Humphrey Fellow – the Humphrey programme is a mid-career Fulbright exchange fellowship awarded to people who have demonstrated leadership. Nikiwe holds an MA in Journalism and Media Studies from the University of the Witwatersrand, and an MSc degree in African Studies from the University of Oxford. She serves as trustee on the board of the Nelson Mandela Foundation, is a member of the Deloitte Global Advisory Council and an independent non-executive director of Deloitte Africa. Despite leaving journalism, Nikiwe remains a keen observer of society.

Ms Qaanitah Hunter

Qaanitah Hunter is an award-winning political journalist and author. She is the political editor of News24 and author of Balance of Power: Ramaphosa and the future of South Africa. Qaanitah has won a number of awards for her work, including the Nat Nakasa award for brave and courageous journalism in 2019. She is currently a master’s student at the University of the Witwatersrand. She has reported fearlessly on state capture, the Zuma years, and the political transition thereafter. Her constant probing and investigations have played a pivotal role in holding truth to power. Her writing on South African politics and investigations has featured prominently on many national media platforms, often setting the agenda in the country. Qaanitah is well-versed in issues of governance and her well-rounded and balanced political reporting has contributed to her astute analysis of news and current affairs. She has fought strongly against censorship and intimidation among journalists and has been a strong advocator for the freedom of the press. Qaanitah believes that the prospect of any democracy to persevere is pinned on how free the media is and its ability to hold those in power accountable.

Prof Anthony Turton

Prof Anthony Turton is an Affiliated Professor in the Centre for Environmental Management at the University of the Free State (UFS). He specialises in strategic planning, transboundary water resource management, policy and institutional issues, conflict resolution (mitigation), political risk assessment for large infrastructural projects, and research programme design. He is also the Director of Nanodyn Systems Pty Ltd. Prof Turton’s focus is on resources, more specifically the need to overcome water and energy constraints to our future economic growth and prosperity, both as a country and the entire SADC region. As an environmentally aware person, he believes that we are reaching the limits to our current developmental approaches and will be forced to make changes in the near future, whether we like it or not. By understanding and anticipating this, Prof Turton assists organisations in staying ahead of the game by isolating fundamental drivers at work and by identifying emerging opportunities.

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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