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30 March 2021 | Story Prof Francis Petersen | Photo Sonia Small (Kaleidoscope Studios)
Prof Francis Petersen.

Systems, processes, and policies are not exactly things that grab the headlines or are popular topics for dinner conversations. But they become vital in times of crisis. 
And if there is one thing that we have learnt from the COVID-19 pandemic, it is that no amount of time, effort or resources should be spared to get them in place before disaster strikes, says Prof Francis Petersen.

During my own education and training in the field of engineering, I was constantly reminded of the value of systems: a set of components working together as parts of a mechanism or an interconnecting network; a complex whole. In subsequent years, I also realised time and time again how system principles can be applied equally successfully in management. In any organisation, systems ensure unified and stable operation. And in times of crisis, they prevent hysteria, uncertainty, and unnecessary waste of time.

Lessons learned in reaction to the pandemic

At the University of the Free State (UFS), we quickly learned the value of acting proactively when it comes to the COVID-19 pandemic, as well as getting sustainable systems in place that operated in unity. Amid all the uncertainty and change, we found that it was vital not to re-act in a knee-jerk manner and steered away from implementing random measures that did not consider the entire institution, its history (how it grew and developed up to this point in time), and its future (the altered, post-COVID-19 landscape).

Early reaction and a sustained focus on the period after the pandemic, characterised our response action. A UFS COVID-19 Task Team was already formed at the end of February 2020, as news of the first infections trickled in from Wuhan, China.

When the first South African COVID-19 infection was reported on 5 March 2020, a Special Executive Group moved into action. It had several focus areas: Teaching and Learning, Staff, Operations, Re-integration of Staff and Students on Campus, Finance, Risk and Legal, COVID-19 Science, and Future Thinking. We immediately began the migration to remote teaching and learning, which involved the training of staff, getting the material online, briefing students, procuring laptops, and zero rating the learning portals.

In mid-March 2020, staff who were able to, were asked to work from home. Events were postponed, staff and students were trained to work in a remote setting, and a moratorium was placed on international travel – even before a national lockdown was put in place by government.

In retrospect, this timely, holistic, systematic approach proved to be invaluable.

Learning from a global system

The pandemic also reinforced the lesson that no country is an island. We should learn from others, not repeat their mistakes, and not ignore their successes.

A successful system never operates in isolation, but is affected by, and has an influence on the systems around it.

As we are entering the vaccine phase of the pandemic, it is more vital than ever to maintain a ‘systems’ approach.  Now is not the time for shortcuts, untested remedies, and vague claims of efficiency. Now is the time for systematic implementation of tried and tested processes, developed over time and underscored by good science.

Our part in the vaccine production system

At the UFS, we are privileged to play a role on two important fronts: 

The South African National Control Laboratory for Biological Products (NCLBP) located on our Bloemfontein Campus, is performing the all-important task of vaccine-lot release. As the sole provider of this service in the country and one of only twelve World Health Organisation (WHO)-contracted laboratories worldwide for vaccine quality-control testing, it forms part of a carefully crafted regulatory system, which has been established, fine-tuned, and tested over many years to serve the interests of the global community.

Vaccines are biological medicines and some of the most complex pharmaceuticals available today. It is vital that their regulation be governed by scientific and not commercial or political principles. It is a role that should under no circumstances simply be given to the ‘lowest bidder’ or the one who promises ‘speedy delivery’.

The NCLBP did not get to play this regulatory role overnight. It was already established in 1997 after an extremely stringent audit by the National Regulatory Authority (NRA) and subsequent recommendations by the WHO.

This means that all its operations – from the way documents are compiled and stored, to the maintenance of equipment and infrastructure, as well as staff competency – are performed according to strict international guidelines and are continuously and closely monitored.

It forms part of an involved system with checks and balances in place to ensure that no mistakes are made. 

Similarly, FARMOVS – a wholly owned clinical research company of the UFS, together with several medical and scientific experts at the university –  has submitted a clinical trial protocol for approval to the South African Health Products Regulatory Authority (SAHPRA) to determine the efficacy of Ivermectin for COVID-19.
FARMOVS was systematically prepared and shaped for this role, having been involved in countless pharmaceutical trials, proving its own efficacy consistently over a protracted period.
Not only is it the only onsite ISO- (International Organisation for Standardisation) and GLP- (Good Laboratory Practice) certified bioanalytical laboratory on the African continent – it has continuously proven itself to adhere to the most rigorous international requirements over the past 47 years.   

It is extremely satisfying – and reassuring – to see how institutions like these two, rooted in sound science, and having proven their consistency, efficiency, and accuracy over many years, are now stepping up to the plate and performing the all-important functions for which they were painstakingly and systematically designed. 

‘Vaccine nationalism’

This pandemic has shown that, through the interconnectedness of our world, one country or region has an impact (in this particular case a health-impact) on other countries and regions. In this context, it is up to rich countries to ensure fair and equitable access to vaccines for poorer countries, and that the WHO proposal to request pharmaceutical companies to waive their intellectual property rights in this regard, should be supported. 

‘Good science’ more important than ever

Another thing the pandemic has highlighted, is the importance of good, sound science amid all the hype, speculation, and false news that unfortunately also characterise the COVID-19 era. 

The co-incidental meteoric rise in the popularity of social media has fuelled the fire of unverified and unscientific claims that are so often just lapped up by information consumers in the public sphere. Unfortunately, since we have entered the vaccine phase, this has become increasingly rife. 

Here, the role of universities as education and research facilities is becoming more important than ever. Not only do we need to provide and communicate the ‘good science’ that everyone craves. But instead of simply advising from the side-line, we should also be playing a vital practical role, actively applying our knowledge, resources, and expertise within the broader society we serve, as has been aptly demonstrated in our important role of vaccine regulating.

Role of universities in the post-pandemic era

Without a doubt, the pandemic has highlighted the importance of online learning, the huge need that exists to be properly equipped for this and has given us a powerful shove in a direction we were already advancing to.

But it has also shown us that, in the midst of increasing digitisation, our need for social and physical interaction remains. The isolation brought about by COVID-19 has taught us that we cannot only function as a digital society. This will probably lead to higher-education institutions presenting a blended mode of learning and teaching in the future; a combination of online learning and face-to-face interactions, ensuring that students still get to experience campus life and the valuable interactions that go with it. 

The pandemic has also helped to crystalise the way in which we as ‘generators of knowledge’ should interact with society. The recent rhetoric of anti-scientific world leaders has caused communities to become distrustful of universities and science. 

We need to actively work on building trust within communities again. And we can only do this by working closely with other sectors of society, gauging real needs, and working together as parts of a bigger system in order to find real, practical solutions that can be seen by everyone to make a positive change in different spheres of society. 

Every organisation, business, government, and institution benefit from having both visionaries and pragmatists.  The visionaries help us to imagine a future we want to live in. The pragmatists work out practical, doable, and sustainable steps to get there. 

Sometimes it becomes necessary for the activists and orators to step aside and create space for the scientists and administrators to systematically get on with what needs to be done.
While we are all eager to move beyond this period in our collective history, back to a world that resembles more of the ‘old normal’ we long for, we should not make hasty, ill-considered moves and take shortcuts to get there.

We should also see this period as our opportunity to push our boundaries, embrace the ‘new normal’, and be innovative in our thinking on how to stay there. 


(Prof Francis Petersen is a registered professional engineer and has served on the executive managements of higher-education institutions, science councils, and industry organisations.)

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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