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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

Dean of Law appointed for second term as acting judge in the Free State High Court
2017-02-17

Description: Prof Nicholson  Tags: Prof Nicholson

Prof Caroline Nicholson, Dean of the Faculty of Law

The Dean of the Faculty of Law, Prof Caroline Nicholson, has been re-appointed by the Judge President of the Free State High Court, Judge Mahube Molemela, to serve a full term in 2017 as an acting judge. This will be her second term, as she served in the same position in early 2016, and it is such, a testament to her outstanding work. Her re-appointment is a source of pride not only to the University of the Free State, but the city of Bloemfontein, and the region as a whole.

Since taking up the position of Dean in 2015, Prof Nicholson has demonstrated exceptional leadership, and continues to take great strides in developing the Faculty’s internal and external programmes. “I am delighted that the University has facilitated my taking advantage of this opportunity. During this term, I will be exposed to a diversity of legal matters both civil and criminal, some of which I was not exposed to during my previous acting period. The exposure to the practical aspects of the law from the perspective of the Bench will inform my decisions regarding curriculum review and development, at a time when the faculty is actively engaged in ensuring that curriculum content is both relevant and context-appropriate,” said Prof Nicholson.

She adds that her appointment as acting judge will strengthen the Faculty’s positive relationship with the legal profession and, especially with the Bench. It will also benefit the Faculty, its staff and students.  In 2015, the Faculty partnered with the International Association of Women Judges (Free State Chapter), to host a dinner, which will be hosted again this month. The association brought to the fore new ventures into the involvement of women judges in an advisory capacity and sharing of expertise. In 2016, members of the association began to enact this role.

Judge Molemela and Judge Azhar Cachalia of the Supreme Court of Appeal accepted appointments to the Advisory Board of the Free State Centre for Human Rights. Judge Khalipi “Jake” Moloi of the Free State High Court in Bloemfontein, gave trial advocacy tips to teachers, coaching the Schools Moot Court Competition. Prof Nicholson said: “It is hoped that more opportunities will arise to increase interaction between students and the judiciary, both are eager for this to happen. I am also learning a great deal and am once again enjoying the collegial and supportive environment that my colleagues create at the High Court.”

Prof Nicholson holds an LLD from University of South Africa, and has published several research articles in accredited journals, with a special interest in Family Law and children’s rights.

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