Latest News Archive

Please select Category, Year, and then Month to display items
Categories
UFS News Media Release Research
Years
2017 2018 2019 2020 2021 2022 2023 2024
Months
January February March April May June July August September October November December
Previous Archive
30 March 2021 | Story Dikgapane Makgetha | Photo Supplied
Social Work students at the UFS are working with the relevant stakeholders in an Engaged Teaching and Learning service-learning project to promote and respect children’s rights.
The protection of children’s rights is the principal achievement on the Sustainable Development Goals (SDGs) 2030 Agenda. Emphasis has always been on the promotion and respect of children’s rights. Since the SDGs are grounded in a child rights-based approach, the University of the Free State (UFS) Social Work students – by engaging in a multi-disciplinary methodology – involve all the relevant stakeholders in their Engaged Teaching and Learning service-learning module project. 

The social partners, which included the South African Police Service (Child Protection Unit), the Department of Social Development, the Department of Home Affairs, the Department of Health, faith-based organisations, and other children’s advocacy agents, were involved from inception until the apex launch of the project. 

Access to basic human rights

In their exit level, fourth-year Social Work students participate in community work practicums, which incorporates the theoretical development process in adherence to the objectives of their community work. The initial phase of the project involved the situation analysis exercise, which the students implemented through collaboration with the Rekgonne Primary School action committee. 

The outcome of the survey indicated that some learners were exposed to physical and sexual abuse. It was also found that they did not have access to basic human rights such as education, health care, and social grants due to the absence of the required legal documents. From the interactive discussions that took place during the launch, it emerged that some children do not have birth certificates required for school registration and access to social grants. 

Through the students’ community project, a platform was created where important skills and information could be shared among all important role players (who are in different professions and guardians of children’s human rights). It is believed that since learners are spending more hours in school, educators would be the primary detectors to notice signs of negligence and potentially adverse circumstances among their learners.

Role players collaborate to make a difference

Through the scholarship of engagement, students succeeded in engaging with the community to attend to societal challenges (violated children’s rights). In order to realise the outcome of the project, continuous collaboration among all role players must be sustained. All parties adopted a resolution to create safe environments both at school and at home by supporting families and caregivers.

Government partners that participated were determined to strengthen protection systems and improve child welfare, reinforcing the implementation of the Children’s Act 38 of 2005.  Educators were empowered and supported in the mandate of the Quality Learning and Teaching Campaign (QLTC). This is an initiative that involves stakeholders in improving the quality of education for all children and addresses issues of safety and well-being for all children. 

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”.

 

 

We use cookies to make interactions with our websites and services easy and meaningful. To better understand how they are used, read more about the UFS cookie policy. By continuing to use this site you are giving us your consent to do this.

Accept