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30 August 2022 | Story Edzani Nephalela | Photo Lethabo Machabaphala
From the left; Dr Marinkie Madiope, UFS South Campus Principal and founder of the UFS Women's Forum; Advocate Nthabiseng Sepanya-Mogale, Commissioner for Gender Equality: Free State province and Advocate at Oxford Chambers; Dr Molapo Qhobela, UFS Vice-Rector: Institutional Change, Strategic Partnerships, and Societal Impact, Pinky Kekana, Deputy Minister in the Presidency, and Zola Thamae, Acting Head of the Free State Department of Sport, Arts, Culture and Recreation.

“Most people believe that Women's Month celebrations are primarily for women, because issues discussed during these events are related to women. However, have you considered including men in these discussions to achieve gender equality? Do men understand how women want to be treated and cared for?” Pinky Kekana, Deputy Minister in the Presidency, spoke during the Women’s Month commemoration at the University of the Free State (UFS) South Campus on 16 August 2022.

This was the first gender-inclusive event, following the collaboration between the UFS Women's Forum, South African Women in Dialogue (SAWID), and Grootvlei Correctional Services

Some of the delegates who attended this prestigious event, included Dr Marinkie Madiope, UFS South Campus Principal and founder of the UFS Women's Forum; Advocate Nthabiseng Sepanya-Mogale, Commissioner for Gender Equality: Free State province and Advocate at Oxford Chambers; Zola Thamae, Acting Head of the Free State Department of Sport, Arts, Culture and Recreation; and Commissioner Jacky Reid-Moses, Correctional Services Area Commissioner for the Free State and Northern Cape regions.

Following the welcome by Dr Molapo Qhobela, UFS Vice-Rector: Institutional Change, Strategic Partnerships, and Societal Impact, Thandeka Mosholi, Assistant Director: School of Open Learning, deliberated the significance of women. She emphasised that women do more than bear children; they are also specialists in their fields and should be regarded for various managerial roles. 

“There are many opportunities for women, and men should not feel threatened when women occupy them; rather, they should support and encourage them, as they strive to be the best they can be. Generational equality should be used as a catalyst for us to drive gender equality. We need to be innovative and guarantee that boys and girls participate in things like domestic duties from a young age,” Mosholi stressed.

However, gender-based violence (GBV), sexual harassment, and murder are still significant issues, with various organisations trying to address and curb these socio-economic ills. Advocate Sepanya-Mogale said that it has become increasingly challenging to feel safe even in our own comfortable spaces. “If there are pastors and teachers out there who are taking advantage of our children, then we will continue to look over our shoulders. What happened to churches being our place of refuge and old generation teachers being faces of the community?” said Advocate Sepanya-Mogale. 

All the speakers encouraged women to take a position in the community, solidify their relationships, assimilate into the world of innovation and 4IR, and invite males into conversations that serve women's interests.

(From Left: Thandeka Mosholi, Assistant Director: School of Open Learning UFS; Dr Marinkie Madiope; Advocate Nthabiseng Sepanya-Mogale; Dr Molapo Qhobela; Pinky Kekana; Zola Thamae, and Spa Kabane, Director at the Free State Office of the Premier. Photo: Lethabo Machabaphala)

Educational session and future endeavours 

In addition to the commemoration, this event was concluded with an educational session dialogue. This session was divided into four groups, including both males and females, tapping into real-life experiences. It addressed issues of peace and security, facilitated by SAWID; rehabilitation and integration of inmates into communities, by the Grootvlei Correctional Management Unit; financial management, by Standard Bank; and GBV, enabled by the UFS Women’s Forum.

The perspectives and experiences shared by the attendees will be collated by the facilitators and handed over to the Deputy Minister in the Presidency to guide her strategy and plan.
 

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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