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15 June 2021 | Story Nombulelo Shange | Photo Supplied
A head and sholder photograph of Nombulelo Shange in front of the UFS Main Building.
Nombulelo Shange, lecturer in the Department of Sociology, says South Africa has betrayed the dreams of the youth of 1976.

Opinion article by Nombulelo Shange, lecturer in the Department of Sociology, University of the Free State.

 

Recent Stats SA statistics that put youth unemployment at 63.30% have recently re-ignited fees must fall protests because parents are feeling the effects of the COVID-19 pandemic. Many have lost their jobs and are struggling even harder to support their children’s education and the growing costs of service delivery. These are all examples of our society’s failure to realise the hopes and dreams of the youth of 1976 who sacrificed their lives so today’s youth would not have to. The news of the Johannesburg Stock Exchange market recovering is also another example of how we have betrayed the youth who are still suffering from the socio-economic blow caused by the COVID-19 lockdown, it shows a society more concerned with capital gain over the wellbeing of the youth. When young people protest or challenge society’s contradictions they are accused of being unreasonable and spoilt and told they do not understand the economic complexities of service delivery and resource redistribution. They retreat and watch as the markets thrive in the midst of a pandemic that has exacerbated their struggles. They get painted as rude, entitled, and ungrateful when the truth is they have been more patient than anyone else

 

The youth of today is just as capable

While society undermines the youth, we forget they were victorious against the oppressive apartheid regime. They created the conditions for the freedoms we enjoy. Today’s youth is just as capable, if not more so. They show their resilience and resourcefulness by surviving in an uncaring society that is riddled with inequality and poverty. Just like the brave young people who challenged apartheid, today’s youth has it within them to address the hangover from apartheid suffered by South Africa and made worse by COVID-19. Political uprisings like the Arab Spring, which later influenced the rise of Occupy Wall Street, were sparked by smaller injustices than what the South African youth are faced with today. But our youth are still waiting patiently in the hope that our leaders will one day eventually show up for them.

The Arab Spring protests started in Tunisia in 2011, after Mohamed Bouazizi set himself on fire as a reaction to growing unemployment, corruption and poverty in Tunisia. The protests quickly spread all over the Arab world and eventually sparked global discussion and protests. At the time the Arab Spring took shape, unemployment sat at between 13.05% and 18.33% in Tunisia. South Africa’s unemployment by comparison is soaring at 32.6% and creating the most unequal country in the world, with the widest gap between the rich and the poor.

The unwillingness to address these issues disempowers the youth and society as a whole, by extension. The material conditions of the youth have been threatened. We place a lot of importance on who we are based on what we have materially. So when we don’t have we start to question ourselves, to the point of questioning our existence and sense of belonging. We see this lack of material possession as a representation of our incompleteness. And I believe that is what the pandemic has done to the youth.

 

Incompleteness in relation to blackness

In many ways it has made us feel incomplete and has added further tensions and stress to issues the youth have always been concerned with – these are problems such as access to education, healthcare, employment opportunities and the existence of systems and structures that can build their general well-being.

Bantu Biko has had a discussion around completeness which helped us to further understand the Marxist material discourse in relation to our colonial and apartheid history. Biko talks about incompleteness or the feeling of incompleteness in relation to blackness. He says when black people, especially black youth, explore their surroundings they see a lack, they see incompleteness. They look around, see their streets and find them inadequate. They look at their schools and find they are incomplete. They look around and see their homes which are often inadequate, and look at their playgrounds which are in poor condition.

As they gradually move out of their neighbourhoods, they see a shift when they enter white neighbourhoods. Suddenly the schools are beautiful, ivory towers of knowledge. People’s homes are beautiful and welcoming. Playgrounds are well-looked-after with resources that you don’t find in black communities. Even the way that structures and systems function is efficient.

What then happens is that the black individual, black community and the black youth, by extension, conclude that blackness is incomplete. If our schools, homes, streets, playgrounds, hospitals and the structures in our communities are not functioning as they should. Then something is wrong with them. And by extension because the structures belong to us, then there is something wrong or incomplete with blackness.

Well-run, well-functioning, complete and adequate white neighbourhoods and systems lead one to conclude that whiteness is associated with goodness and completeness. When we start to question our completeness we are questioning our humanity, sense of belonging and our very existence. This is dangerous. I think this is one of the biggest challenges for the youth and is reinforced by our colonial and apartheid history and a failed revolution that has done little to address socio-economic issues.

 

The youth have always led the struggle

Any revolutionary action throughout history and across the world has always had the youth at the heart of the struggle, leading that struggle. This also includes our own apartheid struggle, not just the Soweto uprising of 1976. When the apartheid system had dealt with the elders and leaders of the revolution by imprisoning them, killing them and banishing them into exile, the youth were left behind to ensure the victory of the revolution. Even the Arab Spring protests were led by the youth. The current discourse on the climate crisis is being championed by the youth while sluggish ageing leaders debate whether a crisis even exists. If we are to be victorious over the struggles caused by COVID-19, youth empowerment and engagement should be at the centre of these interventions. Youth leadership in all industries and structures is crucial. Support of youth innovations and entrepreneurship will not only end poverty, but has the potential to launch South Africa into the continent and beyond.

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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