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The Global South is no longer weak

14 June 2022 | Story Dr Nitha Ramnath | Photo Francois van Vuuren (iflair photography)

Prof Anil Sooklal, Ambassador-at-Large for Asia and BRICS in the Department of International Relations and Cooperation, Republic of South Africa

“The Global South is no longer weak. Nor will we continue to perpetuate suffering imposed upon us. BRICS has an important role to play in shaping the emerging international order at this critical juncture in human history.” These were the sentiments of Prof Anil Sooklal, Ambassador-at-Large for Asia and BRICS, Department of International Relations and Cooperation, Republic of South Africa, who presented a guest lecture titled: The Role of BRICS in Shaping the Emerging International Order. The lecture, hosted by the University of the Free State (UFS), was followed by a panel discussion facilitated by Prof Francis Petersen, the Rector and Vice-Chancellor of the UFS, with panel members comprising Prof Philippe Burger, Dean of the Faculty of Economic and Management Sciences, UFS; Prof Hussein Solomon, Senior Professor, Political Studies and Governance, UFS; and Ms Mosibudi Motimele, Lecturer, Political Studies and Governance, UFS.

While the outbreak of the Russia-Ukraine war has prompted questions about the future of BRICS, Ambassador Sooklal’s position is clear – there is a future for BRICS. “It is paramount that the Global South is no longer an outlier or merely a witness to an evolving global architecture,” says Ambassador Sooklal. He emphasised that “BRICS is a powerful voice of countries of the South. The BRICS Outreach and BRICS Plus have been embraced by the countries of the South, which have been interacting with BRICS over the past decade, including the AU and other regional organisations of the South”.

BRICS was founded on the core principle of shaping an international order that is fair, just, inclusive, equitable, and representative. It is also focused on strengthening and reforming multilateral systems, with the UN at its centre. “It is important that BRICS remains true to its founding principles and continues, now more than ever, to champion the core interests of the Global South, especially overcoming political, economic, and financial marginalisation. Furthermore, BRICS must continue to address the key developmental challenges of poverty, underdevelopment, and inequality, which have been relegated to the margins by most in the international community. BRICS must become a force multiplier in addressing the key challenges of the developing world,” added Ambassador Sooklal.

The ambassador cautioned South Africa against being drawn into a major power contestation and encouraged that those who seek to perpetuate their hegemonic ambitions on the global stage be challenged.

“BRICS must continue to champion the interests of the South while also working in partnership and co-operation with the global community, including countries of the North that share a common vision of creating a global order that is underpinned by multi-polarity, a rule-based international order, international law, and a reinvigorated, reformed, and strengthened multilateral system with the UN at its centre,” said Ambassador Sooklal.

He added that we must return to the ideals of the UN Charter and build a people-centred world order, as so succinctly stated in the preamble of the charter.

Prof Burger reflected on the nature of BRICS and expressed that the nature of BRICS is not all that clear because of the political developments in BRICS and the US over the past eight years. “In spite of all the business and academic interaction, BRICS today is ideologically weaker than a decade ago, as its members are less united in purpose,” said Prof Burger.

Prof Burger added that politics in four of the five BRICS countries turned nationalist. “For two of the four, this means a new Cold War with the US.

For the other two, however, this means closer ties with the US.”

Where does this leave South Africa, the fifth country? According to Prof Burger, we should not burn our bridges. “We need Chinese and US investments, and we should also learn the nature of the regimes in all four of the other BRICS countries.”

Prof Anil Sooklal with Prof Francis Petersen, UFS Rector and Vice-Chancellor. Photo: Francois van Vuuren.

“As a country that really needs to get its economy growing, we will certainly need to tread very carefully,” said Prof Burger.

Prof Solomon was not convinced that BRICS had a role to play in shaping the international order, taking a rather pessimistic view of the BRICS grouping, which he felt made no sense, sharing no common values nor strategic interests.

“China’s economic relationship with Africa, as with many of its other so-called partners, is one of neo-colonialism,” said Prof Solomon. He added that China and Russia have anti-West rhetoric and a narrative of decolonisation in common, while expanding their own national interests across the continent.

“More worrying is the militarisation of China’s presence in Africa – this does not represent a new emancipatory order, but an old order based on national interests and power. Moreover, it constitutes a clear and present danger to South Africa’s own national interests,” added Prof Solomon.

Ambassador Sooklal’s paper can here.

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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