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02 February 2021 | Story Dr Willemien Marais | Photo Supplied

The current issue of Communitas, academic journal of the Department of Communication Science in the Faculty of the Humanities at the University of the Free State (UFS), features scholarly articles ranging from indigenous knowledge systems for science and health communication to online discourses about male rape and the use of social media to increase social capital.  

Communitas is a nationally accredited, open-access academic journal publishing scientific articles in the context of community communication, information impact and related disciplines, including corporate and marketing communication, development and health communication, media studies, and journalism.

These articles address real-world challenges in the field of communication, as well as the impact of communication and information in developing societies, including Southern African communities. While the articles range in focus from global participation to area-specific issues in remote rural areas, they all highlight areas or aspects that form part of or contribute to the rich tapestry of the Southern African communication landscape, thus contributing to African knowledge creation.

Interdisciplinary experts write on real-world issues 

In the latest issue of Communitas, Dr Anton Binneman and Dr Corne Davis write about the use of indigenous knowledge systems for science communication in the context of the Square Kilometre Array radio astronomy project, while Lesego Radebe et al. investigate how traditional folk media can be used to convey diabetes mellitus messages at public health-care services. 

In an article by Dr Tsitsi Mkomde and Dr Estelle de Beer, nongovernmental organisations (NGOs) can benefit from their analysis of the communicative decision-making processes used by corporates to make decisions about funding NGOs and other donor recipients. In another NGO-related article, Prof Retha de la Harpe presents a conceptual model for NGOs and volunteer-based organisations to use data generated by an online platform to understand the invisible user.

For marketers and brand communicators, Dr Abyshey Nhedzi provides valuable insight into improving brand-linkage effectiveness for consumers from an African perspective, while Vuyelwa Constance Mashwa et al. focus on the consumer’s perspective in their article on the use of fictional spokes-characters in brand advertisements and communication. 

The increased focus on pro-environmental reputations by consumer brands and how this is reflected in South African print media, provides marketing-communication practitioners with guidelines to distinguish between types of green advertising, as identified by Prof Angelique van Niekerk and Dr Marthinus Conradie. Dr Patrick Mupambwa and Prof Norman Chiliya look at factors that influence the adoption of an e-marketing orientation among Zimbabwean churches. 

Heterosexual responses to lesbian and gay-themed advertisements are the focus of an article by Nkosiville Welcome Madigana et al., while Dr Karabo Sitto and Prof Elizabeth Lubinga analyse online discourses on gendered myths, risks, and the social amplification of male rape. 

With an increasing number of digital natives joining social media and the growing popularity of influencer culture, Dr Stenford Matenda et al. are looking at young people’s use of social media to increase social capital.  An article by Dr Mvuzo Ponono investigates the implications of current debates on fake news for South Africa and how we understand these insights in the context of histories of conflict and high inequality. Dr Ponono is a lecturer in Communication Science at the UFS. 

*Communitas uses a continuous publication (CP) model and authors are invited to submit manuscripts online or email the Editor-in-Chief, Dr Willemien Marais, at maraisw@ufs.ac.za for assistance. The journal is one of the accredited journals of the University of the Free State. Visit the Kovsie Journals webpage for more information. 

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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