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22 September 2022 | Story Kelebogile Olivier | Photo Supplied
Kelebogile Olivier
Kelebogile Olivier, Criminology Lecturer and Secretary of the University of the Free State Women’s Forum

Opinion article by Kelebogile Olivier, Lecturer in the Department of Criminology, and Secretary of the University of the Free State Women’s Forum.
The World Federation of the Deaf declared September to be Deaf Awareness Month in the 1950s. The Deaf Federation of South Africa (DeafSA) and the South African National Deaf Association (SANDA) both promote awareness of the rights of Deaf persons in South Africa. During Deaf Awareness Week, deaf people are highlighted for their accomplishments and challenges (Deaf Awareness 2022) There growing is awareness about hearing loss, deafness, Deaf culture, and sign language. By understanding deafness and the culture of the deaf community, hearing people can better understand deafness. This year's theme is Building Inclusive Communities for all through the promotion of deafness, Sign Language, and Deaf culture. This piece is a personal reflection of my experiences as a parent of a child who has hearing loss.

Access South African Sign Language as a medium of education 

The education of deaf and hard-of-hearing learners is influenced by several factors both negatively and positively. The lack of Deaf role models for deaf learners, the lack of recognition of South African Sign Language (SASL) as a Language of Learning and Teaching (LOLT), and the lack of fluency in SASL among teachers are some of these factors (Magongwa, 2010). 

The education system is considering bi-modal communication. However, the challenge is finding schools where sign language is taught. A school such as Carel du Toit special school in Bloemfontein has a vision to teach spoken language and support children with hearing impairments. Therefore, it does not offer sign language as a language of education.

Baritimea School for blind and hearing-loss children is an alternative school situated outside Bloemfontein which teaches sign language. One thing about this school is that the kids learn sign language and are confident in their communication. It has an excellent teaching and learning vision which it has managed to actively reach. 

The use of sign language in South Africa has advanced greatly. South African Sign Language (SASL) is set to become the 12th official language of the country after government regulations were passed recently. SASL will now be recognised by the Department of Basic Education as a home language and part of the national school curriculum in grades R-12 under the gazetted amendment. This means that deaf learners will now be able to select SASL as a home language in schools. The department has also made amendments on the passing criteria for learners who select SASL as a home language in schools.

As SASL is the first language for most members of the deaf community, these positive changes will significantly impact learners’ ability to excel in school. “This Regulation is called the Amendment Regulations pertaining to the National Curriculum Statement Grades R-12, 2022 and will come into effect on the date of publication in the Government Gazette.” A growing number of South Africans are fluent in the language, and this will ultimately lead to a more inclusive language and a greater appreciation of deaf culture.

Firsthand experience and the rollercoaster of parenting a child with hearing impairment

I found out about my son’s hearing impairment in the middle of 2018, based on pure maternal instinct. I took the decision to have him assessed by a speech therapist believing he had a simple speech problem. In that initial assessment, it was confirmed that the problem was not speech but that he has severe hearing loss. So began the journey to what felt like a million tests and hospital visits. That year alone my son was under anesthesia more than four times.

Initially, he was fitted with hearing aids, which medical aid did not cover. Other costs included an unbudgeted R30 000 the audiologist charged for the devices. He had grommets fitted by an ENT, his hearing was tested while under anesthesia, and his hearing was tested various times until hearing aids were confirmed not to be the best option for him. 

Due to the severity of his hearing loss, towards the end of 2018, a decision was made to fit him with cochlear implants. With all this technology, a weekly speech therapy appointment, constant mapping, and regular audiograms, we were well on the way to a speaking child. Unfortunately, despite implants, the speech progress was delayed.

Personal interaction with the deaf community 

My first experience of deaf communities and the challenges they face daily in simply trying to communicate and navigate a world that is designed not for them began in my undergraduate year module, introduction to sign language. Although some communities, organisations, and institutions of higher education have tried to move toward inclusivity, one does not need to look too deep to notice that the world is not designed for people with any type of impairment, especially in developing nations.

My experience of the deaf community felt like a mere drop in the ocean when 10 years post my undergraduate learning, I could not engage in a conversation with a deaf person. My limited experience and knowledge of deafness and the community were emphasised when my son was diagnosed with severe hearing loss. I realised there is so much to learn and navigating deafness is sometimes a lonely space, until you find even just one person to help you into the deaf society.

We are now considering bi-modal communication. In addition to working on his speech and hearing, we plan to use sign language to support it, especially for educational purposes. Although progress has been made towards inclusivity, we still have a long way to go.

Positive school experiences for deaf or hearing-impaired children

Deaf children should have the same experiences of schooling as every other child in the country. A clean school, a bright and safe playground, and access to sports facilities at the school. This alone would make a difference in how they experience the world as deaf and hearing-impaired children. Rather than the frustration they face daily, they need to have hope that this world will improve. Their safe spaces should at least be exactly that, safe! 

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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