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01 October 2021 | Story Xolisa Mnukwa

The silence of universities, collectively and individually, regarding the July events (the political turmoil that disrupted different regions in South Africa in July 2021) was noticeable, as well as inexplicable and distressing. 

This was according to Prof Saleem Badat, Research Professor in the College of Humanities at the University of KwaZulu-Natal and former vice-chancellor at Rhodes University, during a webinar hosted by the University of the Free State (UFS).  

The webinar: The impact of political influences on university governance structures, was held on 22 September 2021, with Prof Badat; Prof Francis Petersen, Rector and Vice-Chancellor of the UFS; Prof Hermann Giliomee, internationally renowned historian; Prof Chitja Twala, Vice-Dean: Faculty of the Humanities at the UFS; and Prof Thulisi Madonsela, Law Trust Chair in Social Justice and a Law professor at Stellenbosch University, as panellists. 

SABC anchor and prominent South African journalist, Vuyo Mvoko, who facilitated the webinar, opened engagement among the esteemed panel by posing the question – how can university communities collectively solve the challenges facing South Africa today?

University governance structures must address and mediate political influences in principled, creative, and strategic ways

“I hope that there is honest and critical reflection on this by individual universities and Universities South Africa (USAf),” said Prof Badat on the silence of universities regarding the July events. He further argued that a ‘renewed focus’ on the responsibilities of universities in society is important. 

He explained this by unpacking the roles of universities in society and how they are shaped by the structural and conjunctural conditions within which they exist and operate. Prof Badat encouraged those roles – institutionally and through scholarship, learning, and community engagement – to intersect effectively with contemporary and long-term economic, social, and political challenges faced by universities at global level. 

You are a participant in South African society before you are a staff member or student

Prof Twala responded to the topic by saying: “In order to understand a university’s governance, student politics, and activism, it’s also important to historicise the impact and political influence that governmental structures in South Africa continue to have on higher education institutions.” 

He unpacked his argument by highlighting the importance of engaged scholarship within universities when the South African society is threatened by occurrences such as the riots that took place in KwaZulu-Natal and Gauteng in July as a result of political failures in government. 

“If there are social ills and problems at community level, you cannot divorce yourself from such, because they have an impact at your place of work or learning,” he explained. 

Prof Twala further highlighted the provision of higher education in SA as political, and that universities should move according to the ideological times and changes experienced across the country to understand what governance within higher education spaces should look like.

Prof Petersen reflected on the role of higher education institutions as catalysts for social change and the collective responsibility they have in solving the key challenges of poverty, inequality, unemployment, and violence in societies.
According to Prof Petersen, the crucial role that universities need to fulfil is often impacted by political influence exerted on university governing structures. “Therefore, student governing structures, in particular, are often vulnerable to political pressure that results in different tensions and challenges in the higher education system,” stated Prof Petersen. 

Complexities regarding language policy in university governance at a time of political transition
Prof Giliomee reflected on the complexities regarding language policy in university governance at a time of political transition, by unpacking the negotiations among higher education institutions regarding the implementation of a new language constitution in South Africa – and the absence of pertinent proposals from universities concerning their future role and functioning in society. 

Prof Giliomee argued that universities, separately or collectively, did not try to promote understanding of how the new South African state could meet the demands for higher education in a multilingual society. While enjoying the highest prestige, English was not in effect the optimal medium of instruction for the country.

The involvement of government in university governance is necessary and inevitable

Prof Madonsela, who is also the founder of the Thuma Foundation – an independent democracy leadership and literacy public benefit organisation – and a widely published author, discussed the role of the South African government in mandating leadership, governance, and protocol from a national level so that higher education institutions can follow suit. 

“Government is a custodian of the constitution,” Prof Madonsela stated before explaining the principles that should oversee government’s involvement in university leadership structures.  

She modelled the eight (8) standards of good governance as identified by the United Nations, being participation; rule of law; transparency; responsiveness; equality and inclusivity; consensus orientation; effectiveness and efficiency; and accountability, as a sounding board for the South African government itself, through to university management structures – prevailing through the basis of South Africa’s own constitution. 

Prof Madonsela further underlined the importance of ethics in the overall society that South Africa is building as a nation, by discussing the necessity of understanding democratic value, social justice, and fundamental human rights – not only within university governance and governmental structures, but also within the population.

News Archive

Twenty years of the constitution of South Africa – cause for celebration and reflection
2016-05-11

Description: Judge Azar Cachalia Tags: Judge Azar Cachalia

Judge Azar Cachalia

The University of the Free State’s Centre for Human Rights and the Faculty of Law held the celebration of the twentieth anniversary of the adoption of the South African Constitution on 11 May 2016 on the Bloemfontein Campus.  Students and faculty members celebrated and reflected on not only the achievements of the constitution but also on perspectives regarding its relevance in modern society, and to what extent it has upheld the human rights of all citizens of South Africa.

The panel discussion started with a presentation on the pre-1996 perspective by Judge Azar Cachalia of the Supreme Court of Appeal.  Judge Cachalia reflected on his role in the realisation and upholding of the constitution, from his days as a student activist, then as an attorney representing detainees during political turmoil, and currently as a judge: “My role as an attorney was to defend people arrested for public violence. My role as a judge today is to uphold the constitution.”  He stressed the importance of the constitution today, and the responsibility institutions such as the police service have in upholding human rights.  Judge Cachalia played a significant role in drafting the new Police Act around 1990, an Act which was to ensure that the offences perpetrated by the police during apartheid did not continue in the current democratic era. Further, he pointed out that societal turmoil has the potential to make society forget about the hard work that was put into structures upholding human rights. “Constitutions are drafted in moments of calm.  It is a living document, and we hope it is not torn up when we go through social conflict, such as we are experiencing at present.”

Thobeka Dywili, a Law student at the UFS, presented her views from the new generation’s perspective.  She relayed her experience as a student teaching human rights at schools in disadvantaged communities. She realised that, although the youth are quite aware of their basic human rights, after so many years of democracy, “women and children are still seen as previously disadvantaged when they should be equal”. She pointed out that, with the changing times, the constitution needs to be looked at with a new set of eyes, suggesting more robust youth engagement on topics that affect them, using technology to facilitate discussions. She said with the help of social media, it is possible for a simple discussion to become a revolution; #feesmustfall was a case in point.

Critical perspectives on the constitution were presented by Tsepo Madlingozi of University of Pretoria and University of London. In his view, the constitution has not affected policy to the extent that it should, with great disparities in our society and glaring issues, such as lack of housing for the majority of the poor.  “Celebration of the constitution should be muted, as the constitution is based on a decolonisation approach, and does not directly address the needs of the poor. The Constitutional Court is not pro-poor.”  He posed the question of whether twenty years on, the present government has crafted a new society successfully.  “We have moved from apartheid to neo-apartheid, as black elites assimilate into the white world, and the two worlds that exist have not been able to stand together as a reflection of what the constitution stands for.”

Prof Caroline Nicholson, Dean of the Faculty of Law, encouraged more open discussions, saying such dialogues are exactly what was intended by the Centre for Human Rights. She emphasised the importance of exchanging ideas, of allowing people to speak freely, and of sharing perspectives on important issues such as the constitution and human rights.

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