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19 March 2021 | Story Nombulelo Shange | Photo Andre Damons
Adnombulelo
Nombulelo Shange says this year it is important to look inward, focus on individual healing, growth and reflect on the losses pre- and post-COVID-19.

By Nombulelo Shange, lecturer in the Department of Sociology, University of the Free State

With Human Rights Day nearing it is important to remember the sacrifice of those who lost their lives in the 1960 Sharpeville Massacre in the fight for our freedom. This year I think it is also important to look inward, focus on individual healing, growth and reflect on the losses pre- and post-COVID-19.

The strength and resilience of the Sharpeville community is an important reminder of the hardship we have to overcome; it is an important reminder that we can overcome even this challenge. But on this Human Rights Day our strength lies in our vulnerability and being strong enough to admit we are not okay and ask for help even when societal norms make it hard to do so. Do this without being embarrassed or carry resentment when those we lean on can’t be there because they are also not coping. And for those who give a lot of themselves, it is okay to admit that you have nothing left to give and that you need time to replenish yourself because you can’t bring light into other people’s lives while your own flame is dimming.

The collective cannot be strong when individuals are broken

Many of us were raised in families where communalism, ubuntu and caring for the collective are prioritised over the individual. And to put ourselves and our own wellbeing first feels like a betrayal of these virtues we were brought up with. But I would argue the opposite is true, the collective cannot be strong when it is made up of broken individuals.

Not putting ourselves first would be a betrayal to the same ideals of ubuntu many of us were brought up with. It sounds like a contradiction because we are taught to look at the world in polarised ways and ubuntu ends up being portrayed as a philosophy that puts the masses first and sometimes at the expense of the individual. We see this kind of thinking and application in our own lives where families and communities at times uncritically impose ideas and practices that seemingly benefit the community over individuals. We see it in African discourse that theorises ubuntu and its relevance to traditional and modern spaces, its relevance in human rights discourse, decolonial discourse that broadly calls for “African solutions for African problems”. All of these are important and provide useful analysis, but they sometimes erase the individual.

Individualism is associated with Western imperialism and is rejected and vilified

Individualism is often rejected and vilified because it is associated with Western imperialism that saw the introduction of a greedy capitalist system in Africa that goes against almost every core belief we have. The capitalist system broke our connection to the environment and turned it into a commodity to be exploited for economic gain. It pushed competition and individual wealth over social wellbeing and community. And most importantly it took everything from Africans, our land, language, culture and sense of self. So as we grow and rebuild, it is difficult for us to imagine that these two seemingly contradictory ideals can coexist, where individualism is celebrated and encouraged for the betterment of a collective that will be stronger because it is made up of strong individuals. Instead we polarise, we conclude that if Western imperialism is exploitive and individualism is closely associated with it, then individualism must be bad too. If ubuntu and the collectivist thought around it protected the environment and promoted social wellbeing, then collectivism is good and to question it is to put your own selfish individual needs over the needs of the community and collective human rights.

But if we step away and look at ubuntu beyond our polarised ways of thinking, we see that ubuntu does place a great deal of importance on the individual. The main theoretical tenet of ubuntu says, “Umuntu ngumuntu ngabantu”, which translates to “I am because we are”. This expression shows the mutually beneficial coexistence of the individual and the collective. The collective is nothing without the individuals, and if the individuals who make up the collective are weak, the collective will also be weak. Individuals also need the community for their own enrichment, sense of self and overall wellbeing. If individuals are not nurtured and supported by the collective, they will not be able to give back to the collective, and the cycle continues.

It is time for us to focus on healing and introspection

So, what do we do when our collectivism is threatened by a global pandemic that is threatening to topple even the world’s strongest nations? What do we do when we can no longer tap into the collective strength we have built everything on? So much of our way of life is built on this collective strength as Africans, from the monthly stokvel meetings that offer people solutions to the worst socioeconomic challenges, while offering support and strength. Even church spaces are more than just a place to worship. It is here where people discuss the challenges faced by the community and offer whatever they can to address them. Our funerals and weddings do not just bring families together they bring communities together in shared grief or celebration. You do not even have to invite neighbours to events. The moment they see the tents, chairs, animal sacrifice etc arrive, they come days prior to the event to help the family prepare, celebrate, or cry. Even our ritualistic healing practices are not an individual lonely process in the way that Western biomedical models offer healing. At some point or another, the involvement of family and even the community will become important in African healing practices.

COVID-19 has threatened all of this and future environmental and public health crises might test us even more than COVID-19 has. I think this is the time for us to focus on healing and introspection, many of us were broken long before the pandemic hit. We have carried past intergenerational traumas into our present, but we have an opportunity to ensure that we do not carry them into our futures. We have been depleted by systems that seek to erase our entire existence as people of colour, women, LGBT+ communities and people with disabilities. After a while we start to believe that we are not worthy of love, we believe our poverty is a result of our own laziness and discount the fact that we have been starved of opportunities and resources. We stop challenging the abuses of our individual and collective human rights. This forced isolation is an ideal time to reflect on these things, heal and build ourselves as individuals through talking and sharing deep intimate pain with loved ones, trying to be in nature, attempting to “phahla” or mediate. The process will be different for everyone. Our own mental health depends on it and so does part of our ability to access our human rights. The restoration of our strength as communities will also depend on it during COVID-19 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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