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09 September 2021 | Story Dr Nitha Ramnath

The university of the Free State is pleased to invite you to a lunchtime webinar titled, The impact of political influences on university governance structures
  
The political turmoil that disrupted different regions in South Africa in July 2021 has resulted in a renewed focus on the collective responsibility of higher education institutions to assist in solving the key challenges of poverty, inequality, unemployment, and violence in societies. We believe a specific area that needs to be explored more deeply, is how political complexities influence university governance structures. Join our panel of experts for what promises to be an insightful discussion.

Facilitator:

Vuyo Mvoko
Anchor: SABC

Panel:

Prof Mohamed Saleem Badat
Research Professor: College of Humanities, University of KwaZulu-Natal

Prof Thuli Madonsela
Law Trust Chair, Professor: Social Justice and Law,  Stellenbosch University 

Prof Chitja Twala
Vice-Dean: Faculty of the Humanities, University of the Free State

Prof Hermann Giliomee
Internationally renowned historian
 
Date: Wednesday, 22 September 2021
Time: 14:30
RSVP: Alicia Pienaar, pienaaran1@ufs.ac.za by 20 September 2021


Biographies of facilitator and speakers:


Mvoko is the anchor of The Watchdog, a prime-time current affairs show that attracts the biggest names in politics and public policy. It airs weekdays 20:00-21:00 on the SABC News channel (404 on the DSTV platform).
A seasoned journalist with almost 30 years of experience, he previously occupied several senior editorial positions, including stints as political editor for broadcasters such as the SABC and ENCA. He has also written columns for publications such as Business Day, Forbes Africa, and The Herald. 

Mvoko holds BA and MA degrees, and as part of the ‘SABC 8’, was the co-recipient of the 2016 Nat Nakasa Award for ‘courageous and fearless journalism’.

Saleem Badat is Research Professor in the College of Humanities, University of KwaZulu-Natal. He is the former vice-chancellor of the university currently known as Rhodes University and was the first chief executive officer of the Council on Higher Education. Between 2014 and 2018, he was the programme director of International Higher Education and Strategic Projects at the Andrew W. Mellon Foundation in New York. 

Saleem’s books include The Forgotten People: Political Banishment under Apartheid, Black Student Politics: Higher Education and Apartheid, and Black Man, You are on Your Own; the co-authored National Policy and a Regional Response in South African Higher Education, and the co-edited Apartheid Education and Popular Struggles in South Africa. His book chapters, journal articles, policy reports, and newspaper opinion pieces concern questions of equity, redress, and social justice in and through universities, and the decolonisation and transformation of universities in colonised societies. 

Prof Thulisile ‘Thuli’ Madonsela is the Law Trust Chair in Social Justice and a Law professor at Stellenbosch University. She is also the founder of the Thuma Foundation, an independent democracy leadership and literacy public benefit organisation, and is a widely published author.
 
A multiple award-winning legal professional with more than 50 national and global awards, and an advocate of the High Court of South Africa, Prof Madonsela served a seven-year term as the Public Protector of South Africa. She is credited for transforming the institution by enhancing its effectiveness in promoting good governance and integrity, and anticorruption in state affairs. Prof Madonsela has a global reputation for integrity, and strongly advocates for fearlessly enforcing accountability and justice in the exercise of public power and the use of public resources. 

Named one of the TIME100 most influential people in the world, Prof Madonsela is one of the drafters of the South African Constitution, and co-architect of several laws that have sought to anchor South Africa’s democracy. Among the laws she has helped draft are the Promotion of Equality and Prevention of Unfair Discrimination Act (PEPUDA), the Employment Equity Act (EEA), and the Recognition of Customary Marriages Act. She is also a co-architect and founding Chairperson of the African Ombudsman Research Centre and is also co-founder and one of the inaugural leaders of the South African Women Lawyers Association (SAWLA). 

Among numerous accolades, Prof Madonsela is a Paul Harris Fellow, recipient of Transparency International’s Integrity Award, the German Africa Prize, and African Anticorruption Crusader Award. She also spent a year at Harvard as an Advanced Leadership Fellow and is a Tallberg Global Leader, among others.


 

Prof Chitja Twala

Prof Chitja Twala is Associate Professor (Department of History) and Vice-Dean (Faculty of the Humanities) at the University of the Free State (UFS). He holds a PhD (History) from the same university. Twala has a substantial publication record on the history of liberation movements. He is the author of eight chapters (co-author of two) in The Road to Democracy in South Africa: Vol. 4 (1970-1990) and the Road to Democracy in South Africa: Vol. 6 (1990-1996), published in 2010, 2013, and 2019 respectively. He is the recipient of a Mellon Foundation grant and a National Institute for the Humanities and Social Sciences (NIHSS) grant.  He had the following visiting/research fellowships: Harvard University (USA); Kwame Nkrumah Chair in the Institute of African Studies at the University of Ghana (Accra); and the University of California, Los Angeles (USA).
Hermann Giliomee was born in Sterkstroom in 1938 and grew up in the Western Cape. He first taught History at Stellenbosch University and then Political Studies at the University of Cape Town. He has been a visiting fellow at Yale University, the University of Cambridge, and the Woodrow Wilson Centre in Washington DC. He has often published opinion pieces in South African newspapers. He is married to Annette van Coller. 

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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