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02 March 2022 | Story Prof Anthony Turton | Photo Supplied
Prof Anthony Turton, Affiliated Professor in the Centre for Environmental Management at the University of the Free State (UFS), writes that in the face of the typhoid outbreak, we need to renew our trust in science, but also wake up and smell the coffee.

Opinion article by Prof Anthony Turton from the Centre for Environmental Management, University of the Free State .
The recent news has been dominated by so many things that an important signal has been drowned out by the noise. That small signal is the announcement by the NICD that typhoid has been identified in parts of the country, so the prudent approach is to boil the water coming from taps. While this is an important development, it needs to be placed into context.  For starters, the NICD is a credible institution, so anything they say must be taken seriously. This issue brings three important factors into clear focus. Let us unpack each of these in order to gain greater perspective. 

The issue of trust 

The first is the issue of trust. This is a global phenomenon, most notably associated with social media that has enabled each person to theoretically have access to the entire quantum of our cumulative knowledge as an apex species on planet earth. In an instant, each person has the capacity to become an expert on a given topic. We have seen this playing out in the COVID-19 space, most notably as the efficacy of the vaccination programme has been questioned. While it is great that so much information is available to everyone instantly, it is also a problem, because unless the individual is trained to filter out the noise, they are rapidly overloaded with stuff that causes them to panic. In South Africa this has an added dimension, driven by the findings of the Zondo Commission, which in general indicate a severe trust deficit between government and the general population. Seen in this light, it is highly likely that the typhoid issue will fall directly into that chasm of trust and serve to widen it even further. This needs to be dealt with in our collective best interest, because panic serves nobody in a constructive way. Therefore, the first part of my core message is that we must avoid the urge to become instant experts by deferring the scientific facts to the scientific professionals. Sadly, science has been a victim of this trust deficit, so my voice might be lost in the howling gale of discontentment. 

The problem of deteriorating water quality

The second is the problem of deteriorating water quality. In this regard, we are on absolutely solid ground, because we know – without fear of contradiction – that our water quality has been on a downward trajectory for some time. If we are looking for a pivotal moment, we might consider the acid mine drainage decant that first hit the public attention in 2002. Amid a flurry of activism and a media frenzy, we have the sad reality, two decades later, that absolutely nothing has been done about this matter. Highly acidic mine water, rich in a dissolved cocktail of metals that include uranium, arsenic, cadmium, and mercury, have continued to flow into our rivers and dams in mining areas of the country. But more importantly, we have also witnessed the systematic collapse of our wastewater infrastructure, which has accelerated over the past decade; this is best epitomised by the unsuccessful attempt of the SANDF to prevent the flow of raw sewage into the Vaal River at Emfuleni. Two billion rand later, we are no closer today to finding a solution than we were a decade ago. The numbers are staggering. As a nation, we produce over five billion litres of raw sewage every day. The latest credible calculation of that flow indicated that about 4,2 billion litres were being discharged daily into our rivers in an untreated format. That represents a tsunami of human waste inundating our rivers and dams, without respite, for more than a decade. 

This is probably our biggest single challenge as a nation. In my professional opinion, this is a national security issue, because it impacts negatively on the lives of each citizen daily. It is destroying the economy from within by damaging the health of the individual, without them even knowing about it. You see, in sewage return flows, we find every substance that is ever dispensed in the retail sector. Think of the pharmaceutical industry. Imagine how much medication is sold each day by major pharmacies countrywide. Every item sold ends up in the sewage stream in a partially metabolised format. These include antibiotics, antiretrovirals, antidepressants, oestrogen used for contraception, and Viagra used to keep an aging population happy. So, we need to think of the sewage streams being discharged into our rivers and dams as thousands of tons of medication, still viable even in its partially metabolised form, to which we are exposing trillions of pathogenic microbes that are flourishing in the warm nutrient-rich waters. Think of this as a boot camp for microbes, because lazy and weak ones are destroyed by the low concentration of antibiotics, leaving only the stronger ones to flourish. In short, our boot camp for microbes is producing the next generation of multidrug-resistant pathogens. It is happening right before our eyes.  Simply think about this logically and draw your own conclusion if you choose to mistrust science for reasons of your own.  Does it make sense to allow the discharge of more than four billion litres of sewage daily into our rivers and dams, without anticipating some form of unintended consequence?  

Our ability to cope as a nation

The third is the issue of our ability to cope as a nation. Here is where it gets really interesting, because at the very time when we are facing multiple risks to our economic well-being – COVID-19, unemployment, capital flight, energy crisis, corruption, to name but a few – we also need to be at our peak performance when it comes to finding solutions. We can say, with a high level of confidence, that our capacity to reach consensus on the way to solve the complex problems we are facing, is probably at an historic low (and deteriorating). In fact, we can say that there is an inverse relationship between our need to find consensus on a viable way ahead, and our capacity to generate the very consensus on which our survival as a species depends. This sounds a little dramatic, but I am using it to illustrate the point that globally, our capacity to unite in the face of a single common threat – climate change – is being eroded by many forces. These include the deficit of trust in government (point one noted above), the growing mistrust of science (exacerbated by the COVID-19 pandemic and the manifest as social pushback from the anti-vaxxers and the climate change denialists), and the increased sense of helplessness that each person is confronted with.

All of these are manifested in the typhoid issue. While typhoid is clearly a bad thing, we need to place it in context. Just as the COVID issue has shown us, the fatalities are relatively few, and while tragic to the individual families impacted, seen through the lens of logic and reason, this is not a show-stopper. What it does is highlight the issue of our failing sewage infrastructure. We can no longer simply accept that incompetent politicians can muddle their way through a growing crisis. We have to hold them accountable. We must convert the rising sense of rage into the high-octane rocket fuel of change. We need to say enough is enough. Now is the time that we demand technically competent people be appointed into specialist jobs, and then held fully accountable. We need to depoliticise the deployment of cadres, for that policy has brought us the failing infrastructure we see in Eskom, PRASA, municipal wastewater systems, and many other failed SOEs. 

In the face of the typhoid outbreak, we need to renew our trust in science, but also wake up and smell the coffee by realising that we cannot simply discharge billions of litres of acidic mine water and raw sewage into our rivers and dams, without encountering unintended consequences. Those consequences might just be deadly.

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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