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South African politics and the local government elections

08 June 2021 | Story Dr Nitha Ramnath

read more Webinar on Gov Election June 2021 Web News-Block

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.

Third webinar presented on 29 June 2021

South African local government has often been the target of protests due to poor service delivery. This either suggests that local government is not capable of carrying out technical tasks, or that constituents are not being heard by the representatives they elected. Without capable and ethical politicians, the best institutions and policies in a country will serve no purpose if they are not protected. Institutions run the risk of being ineffective and not reaching their full potential in an environment without an ethical framework and the required human capabilities. South Africa suffers severe capability deficiencies due to poor political management that requires fixing at a political level.

Will the forthcoming local government elections be the solution to much-needed change OR will electoral reform – a somewhat far-fetched ideal – provide the platform for ultimate change?

Date: Tuesday, 29 June 2021
Topic: South African politics and the local government elections: scene setter for a capable state?
Time: 12:30-14:00
RSVP: Alicia Pienaar, pienaaran1@ufs.ac.za by 26 June 2021

Facilitator:

Prof Francis Petersen
Rector and Vice-Chancellor, UFS

Panellists:

• Dr Ferial Haffajee
Associate Editor
Daily Maverick

• Prof Susan Booysen
Director of Research
Mapungubwe Institute for Strategic Reflection (MISTRA)

• Mr Ebrahim Fakir
Director of Programmes
Auwal Socio-Economic Research Institute (ASRI)

• Prof Sethulego Matebesi
Associate Professor and Academic Head of the Department of Sociology
University of the Free State

Bios of speakers:

Dr Ferial Haffajee

Ferial Haffajee is a South African editor and journalist. She is currently associate editor at the Daily Maverick. Previously, Ferial was editor-in-chief at the Mail & Guardian and City Press, where teams working with her won numerous investigative journalism awards. She is a regular analyst and commentator on radio, television, and elsewhere. Ferial is a member of the Aspen Global Leadership Network and a member of the African Leadership Institute. She serves on the board of the Open Society Programme on Independent Journalism. She has won numerous awards for journalism and for her support of media freedom, including an International Press Freedom Hero award from the Committee to Protect Journalists in 2015 and the Naspers Phil Weber award in 2013 – the global company’s highest internal honour. Previously, Ferial was chairperson of the South African National Editors’ Forum and chairperson of the CNN/MultiChoice African Journalist of the Year Awards. She has served on the boards of the World Editors Forum and the Global Editors Network. She published a best-selling book called What if there were no whites in South Africa, and in 2017 she was awarded an honorary doctorate from the University of the Free State for her journalism.

Prof Susan Booysen

Prof Susan Booysen is a political scientist, author, and analyst of South African politics. She is also Director of Research at the Mapungubwe Institute for Strategic Reflection (MISTRA), emeritus professor at the University of the Witwatersrand, and visiting professor at the Wits School of Governance.

Booysen’s third book in her Wits University Press trilogy of research-driven books on the African National Congress of South Africa, Precarious Power: Compliance and discontent under Ramaphosa’s ANC, was published in March 2021. The first two parts of the set were The African National Congress and the Regeneration of Political Power (2011) and Dominance and Decline: The ANC in the Time of Zuma (2015). Precarious Power (http://witspress.co.za/catalogue/precarious-power/) is available from South African bookshops and digitally from online stores such as Amazon’s Kindle Store and Barnes & Noble.

Booysen also edited a range of books on South and Southern African politics. Her latest edited volume for the Mapungubwe Institute is Marriages of Inconvenience: Coalition politics in South Africa (July 2021). Her previous edited books are FeesMustFall: Student Revolt, Decolonisation and Governance in South Africa (WUP, 2016) and Local Elections in South Africa: People, parties, politics (SUN Press, 2012). She co-edited Democracy and Elections in Southern Africa (2009) with Denis Kadima.

Mr Ebrahim Fakir

Ebrahim Fakir is currently Director of Programmes at the Auwal Socio-Economic Research Institute (ASRI). He was awarded the 2014 Ruth First Fellowship at the University of the Witwatersrand and was a part-time lecturer in the WITS School of Governance in 2018. Until October 2016, he was head of the Political Parties and Parliamentary Programme in the Electoral Institute (EISA) [2009-2016], where he edited and published the Election Update focusing on the analysis of SA elections. He was an editorial adviser to the independent start-up media house Daily Vox and regularly contributes analysis, opinion and comment articles to POLITY, the Mail & Guardian, Sunday Times, News 24, and Business Day, among others.

Formerly a senior researcher and analyst in the Centre for Policy Studies in Johannesburg (2003-2009), he worked in both the Pretoria and Cape Town offices of the Institute for Democracy in South Africa (IDASA – 1998-2003), and also in the Legislation and Oversight Division of the first democratic Parliament of the Republic of South Africa (1996-1998). Before that, he was a tutor in English Literature at the then University of Durban-Westville (1994-1996), writing for the popular press as well as for academic and policy journals on politics, development, and the state.

He read for a degree in English Literature at the University of the Witwatersrand, where he was elected to the Student Representative Council. He was a visiting fellow at the Institute of Development Studies at the University of Sussex (2006) and a Draper Hills Summer Fellow at the Centre on Democracy, Development and the Rule of Law at Stanford University in 2011.

Prof Sethulego Matebesi

Sethulego Matebesi is Associate Professor and Academic Head of the Department of Sociology at the University of the Free State. Matebesi’s primary research interest is social movements, community development, and mining-company-community relations. He is particularly interested in understanding the role of trust in community protests at municipal level and the conflict between mining companies and mining communities in South Africa. His recent publications include two monographs – Social licensing and mining in South Africa (2020), and Civil strife against local governance: Dynamics of community protests in South Africa (2017).

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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