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29 March 2022 | Story Prof Francis Petersen | Photo Sonia Small (Kaleidoscope Studios)
Prof Petersen_web
Prof Francis Petersen is Rector and Vice-Chancellor of the University of the Free State (UFS).

Opinion article by Prof Francis Petersen, Rector and Vice-Chancellor of the University of the Free State.
It is becoming increasingly difficult for institutions of higher learning in South Africa to maintain the delicate balancing act of finding sustainable funding solutions amid mounting pressures caused by rapidly altering learning and teaching environments, dwindling government subsidies, and the massification of higher education.  And uncontrolled, violent student protests might just be the final blow that sends many tertiary institutions over the precipice, says Prof Francis Petersen, Rector and Vice-Chancellor of the University of the Free State.

There is no doubt that student protests have over the years played a vital part in South Africa’s journey towards and maturation as a democracy. During the anti-apartheid struggle, student organisations such as NUSAS, SASO and later SASCO kept South Africa’s human rights violations on the international agenda through unrelenting campaigns and protests. And more recently, the #FeesMustFall movement in 2015 and 2016 has raised important awareness around ensuring access to education for students from the lowest-earning households. 

Transcending boundaries of legitimate protest

The recent spate of violent protests on some university campuses, however, seems to transcend the boundaries of what can rightfully be termed as ‘protest action’. When students at the University of KwaZulu-Natal (UKZN) and the Durban University of Technology (DUT) caused severe physical damage and disrupted classes at the beginning of the year, UKZN Vice-Chancellor, Prof Nana Poku, condemned their actions in no uncertain terms as ‘organised crime’. And he is right. This kind of behaviour is nothing but opportunistic criminality in the guise of legitimate protest. 

A few weeks after the violence erupted on campuses in KwaZulu-Natal, students on the University of the Free State (UFS) Qwaqwa Campus went on a similar rampage, throwing stones at protection officers, vandalising buildings, and raiding the university dining hall.   

There are distinct differences between these acts and the majority of past student protests.

Different issues

In most cases, current issues represent a much narrower interest than in the past, affecting only a certain section of the student population, and often revolving around the administrative processes concerning funding.  At UKZN, the main issue seems to have been students demanding to register even though they had historical debt. At the UFS Qwaqwa Campus, it was about a decision by the National Student Financial Aid Scheme (NSFAS) to pay accommodation allowances for students residing off campus directly to landlords and not to students themselves. Apart from affecting a relatively small number of students, the ‘fight’ was not per se with university management. Universities South Africa (USAf) pointed out that many of the issues raised by students this year were actually sector challenges and fell outside the control of tertiary institutions. Regardless of this, institutions regularly bend over backwards in an attempt to find workable interim solutions and making financial concessions to accommodate affected students. Prof Poku relates how at UKZN, the concessions made towards students with historical debts amounted to more than R1 billion. At the UFS, apart from similar concessions, we also offered students allowances for food and books amounting to more than R71 million this year, while they are waiting for their NSFAS subsidies to be released – a major impact on cashflow management. Despite these gestures of goodwill, a small group of aggrieved students still went ahead with violent acts, causing millions of rands of damage on campus and creating an atmosphere of intimidation and fear.  

Different environment 

University campuses today are vastly different spaces from what they used to be in the 1970s and 1980s, as a result of drastic and far-reaching changes in the educational landscape over the past few decades. Access to higher education has opened up and is no longer restricted to high-income households. The total number of students enrolled at higher education institutions increased by almost 70% between 2002 and 2020, growing to just more than one million in number. Coupled with that, tertiary institutions have gone through radical transformation processes, ensuring that they not only embrace diversity, but respect human rights and social justice through fair process and policy.

At the University of the Free State, for example, we have had well-considered, comprehensive transformation over several years in all spheres of operation, enabling us to become an institution where diverse people feel a sense of common purpose and where the symbols and spaces, systems and daily practices all reflect commitment to openness and engagement. We also have various initiatives to ensure that students are successful in their studies, ranging from tutorial programmes to language, writing, and psychological support.  Policies and structures are continuously being implemented and reviewed to embrace social justice in all its forms, with deliberate dialogue opportunities and avenues created for raising concerns and addressing them. At the UFS, student success is a social justice imperative.  Great care is also taken to involve our student leadership in governance on all levels, with a high level of student participation in all UFS governing structures. 

Despite all the different recourses available to them, and a genuine culture of participation and caring cultivated on our campuses, disgruntled splinter groups in the student body still routinely reach for the most destructive weapon in their arsenal of options, namely violent protests. These protest actions also often seem to jump the gun, as they happen in tandem with and despite fruitful, progressive negotiations with elected student leaders. Not only is this incredibly frustrating – it disrespects the rights and wishes of the overwhelming majority of students, and completely challenges the notion of ‘negotiation and engagement in good faith’. 

Wider ramifications

There are no winners in the wake of ill-considered, violent acts of vandalism. Offending students are no closer to a solution – in fact, they may find themselves suspended and in trouble with the law to boot. By disrupting classes and preventing access to campuses, they are effectively robbing their fellow students of the opportunity to work towards obtaining a qualification.  Affected institutions are impacted in their ability to provide quality education to students and in fulfilling their wider society-focused mandate. On top of that, potential donors and investors in the South African higher education sector are discouraged.

The sustainability and very survival of higher education institutions are ultimately at stake, as especially small and medium-sized universities simply cannot continue to bear the financial and operational burden that each violent protest brings. 

Tough reaction needed 

It has become necessary to take a tough stance against offenders who perpetrate senseless acts of violence and place students and staff members in danger on our campuses. At the UFS, we have always been very accommodating towards protesting students, not only as a constitutional right, but our approach in dealing with student misconduct has a strong element of restorative justice.  But we have decided to take a hard-line approach against the offenders in these latest acts of violence and destruction – opposing bail and instituting emergency disciplinary processes against them, resulting in immediate suspensions and sanctions which could lead to expulsion. We need to send a clear message that blatant acts of criminality will simply not be tolerated on university campuses.

We also appeal to political parties under whose banners many of these destructive activities are undertaken, to publicly condemn these acts and to call their members to order.

Respect a vital part of curriculum 

Throughout the course of history, we have come to associate university campuses with arenas where free speech is encouraged, and social ills are pointed out. This role should be cherished, continued, and encouraged – ‘reclaiming’ back the university campuses as spaces for discourse.  But equally important is the responsibility to use your right to freedom of expression in such a way that you do not violate the rights of other individuals or jeopardise the continued operation of the very institution you all form part of – and by implication, negatively affecting the wider interests of the society it serves. 
 
The role of universities is, after all, not only to provide good workers and innovative thinkers for the job market. We need to cultivate good citizens, who can make a meaningful difference to society. Teaching and encouraging mutual respect should be a vital part of any university curriculum. By letting criminality go unpunished and not speaking out to these acts, we are contributing towards a culture of entitlement, where people readily resort to criminal acts when they do not get what they believe they are entitled to. This cuts directly across what institutions for higher learning aim to achieve and bodes for a dangerous future. 

News Archive

CR Swart Memorial Lecture: Mr Cecil le Fleur
2006-08-08

Khoe and San call for government to speed up policy dialogue with indigenous communities  

 Mr Cecil le Fleur, leader of the National Khoe-San Consultative Conference and member of the executive management of the National Khoe-San Council, has called for a national policy on indigenous peoples to protect the human rights and special needs of indigenous people in South Africa.

 Mr Le Fleur delivered the 38th CR Swart Memorial Lecture on the Khoe and San at the University of the Free State (UFS).  He commended the UFS for its serious approach to the Khoe and San and for initiating initiatives such as a research project on the Griqua in which various aspects linked to language, -culture, -history, - leadership, their role in the South African community (past and present) and the conservation of their historical cultural heritages will be covered.   

 “The policy dialogue with indigenous communities initiated by government in 1999 and supported by the International Labour Organisation (ILO), has been exceedingly slow, owing to political and bureaucratic problems,” said Mr Le Fleur.

 According to Mr Le Fleur the slow pace is also impacting negatively on the United Nations’ efforts to expand the international standards and mechanisms for human rights so as to include the special needs of indigenous peoples.

 “The successful adoption of a South African policy would probably have a major impact on the human rights culture of Africa and, more specifically, on the UN system,” he said.

 “South Africa has a powerful moral authority internationally and is willing to use this authority in multilateral forums. At this stage, however, South Africa’s Department of Foreign Affairs (DFA) may not take an official position on UN instruments and declarations pertaining to indigenous issues, until the Cabinet has resolved its own domestic policy position,” he said. 

 According to Mr le Fleur it therefore came as a great surprise when the DFA brought out a positive vote in the UN for the adoption of the "Draft Declaration on the Rights of indigenous Peoples" in June this year, even before the completion of the policy process. 

 Policy consolidation in South Africa is the primary key to creating a new policy climate in Africa in order to protect the rights of indigenous peoples.  “The existing constitution of the Republic of South Africa is one of the most liberal on the continent, and embraces the concept of redress of past discrimination.  It already includes a clause (Section 6) making provision for the protection of language rights for Khoe and San peoples - the fist peoples of southern Africa,” he said. 

 “If South Africa can effectively integrate this ‘third generation’ of collective rights within an existing democratic constitution, this will send a clear message to Africa and the world that indigenous rights are a necessary component of human and civil rights in modern democracies,” he said.

 Mr Le Fleur proposed an institutional framework based on set principles that would satisfy the needs and aspirations of the Griqua and other first indigenous peoples in South Africa.  “The proposed framework was based on the notion of vulnerability as a result of colonialism and apartheid, which stripped us of our indigenous identity, cultural identity and pride as people.  This injustice can hardly be addressed within the existing mechanisms provided by the current text of the Constitution,” he said.

 Mr Le Fleur also proposed that the principles of unique first-nation status, as recognised in international law, should be applied in the construction of the framework of the constitutional accommodation for the Khoe and San. 

 Mr Le Fleur further proposed that the Khoe and San’s indigenous status in constitutional terms must be separate from the constitutional acknowledgement of their status as a cultural community, as envisaged in sections 185 and 186 of the Constitution of 1996.

 According to Mr Le Fleur, the suggested mechanism should make provision for structures such as:

  •  A statutory representative council for First Indigenous Peoples of South Africa at a national level;
  • a separate Joint Standing Committee on Indigenous and Traditional Affairs, in both the National Assembly and the National Council of Provinces on which the Khoe and San can be represented;
  • a representative structure for the Khoe and San in the legislature of each relevant province; and
  • ex officio membership in the relevant structures of local government.

Media release
Issued by: Lacea Loader
Media Representative
Tel:   (051) 401-2584
Cell:  083 645 2454
E-mail:  loaderl.stg@mail.uovs.ac.za 
24 August 2006


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