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18 February 2021 | Story ANDRE DAMONS | Photo Supplied
Prof Maxim Finkelstein, distinguished Professor at the Department of Mathematical Statistics and Actuarial Science at the UFS has become the only researcher with an A1-rating in South Africa (awarded by NRF) in Probability, Statistics and Operations Research.

A professor in the Faculty of Natural and Agricultural Sciences at the University of the Free State (UFS) has become the only researcher with an A1-rating in Probability, Statistics and Operations Research in South Africa after being awarded this prestigious rating by the National Research Foundation (NRF).

This is the second time Prof Maxim Finkelstein, the distinguished Professor at the Department of Mathematical Statistics and Actuarial Science in the Faculty of Natural and Agricultural Sciences, has been awarded with an A-rating. The first was in 2015.

The goal is to produce quality research

According to Prof Finkelstein, the rating should not be a goal as such for a researcher but should produce a quality research that is recognised by peers and that, above all, brings a real satisfaction in life. Prof Finkelstein says: “The rating is just a consequence of what one, as a researcher, has achieved in the past eight years and, actually, during the whole professional life as well. South Africa is the only country in the world that is able to perform this rigorous internationally sound rating process for individual researchers. ‘Scientifically large’ countries just cannot do it, technically.”

Prof Finkelstein’s area of expertise is the modelling of random events and quantifying probabilities of their occurrences. He explains: “For instance, in industry, people are interested in probabilities that a machine or process or mission will accomplish its task without failure or accident. In order to assess the probabilities of interest, one must have an adequate mathematical/stochastic model that should be properly developed. 

“Thus, I am developing such models that can be rather advanced because they should take into account numerous factors, e.g., that the object is operating in a random environment, that its structure could change, that there can be human errors affecting the outcome, that an object interacts with other objects, etc. This is usually done in the framework of mathematical reliability theory that considers operation of technical devices.” 

The only A-rating at NAS

“I am quite excited to get the A-rating for the second time, especially because it is the only A-rating in Probability, Statistics and Operations Research in South Africa. It is also the only A-rating at our Faculty of Natural and Agricultural Sciences.

“The fact that it is an A1 and not A2, as previously, does not, in fact, mean too much to me. What matters really is that it is the A-category defined by the reviewers’ opinions that the applicant is a world leader in his discipline,” says Prof Finkelstein.

During his numerous visits as a research professor to the Max Planck Institute of Demographic Research in Germany, he jointly with the colleagues from this institute, were applying the developed stochastic approaches to modelling lifespans of organisms as well. 

One of Prof Finkelstein’s evolving interests is in the area of healthcare engineering when, for instance, monitoring the key health parameters of a patient, some optimal cost-wise decisions can be made on preventive treatments and interventions. 

“I want also to stress that, in general, international collaboration is very important for emerging and established researchers, especially in ‘remote’ South Africa, although nowadays the term ‘remote’ is obviously outdated,” says Prof Finkelstein.

He also collaborates with numerous colleagues around the globe. Apart from the visiting position in the Max Planck Institute he held for many years, Prof Finkelstein regularly visits the ITMO University in St Petersburg, Russia, and is also now establishing a Visiting Professor position at the University of Strathclyde in Glasgow, Scotland.

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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