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What needs to be done to POWER up South Africa?

07 September 2022 | Story Dr Nitha Ramnath

2022 UFS Thought-leader webinar series: What needs to be done to POWER up South Africa?

The University of the Free State is pleased to present its third webinar titled, What needs to be done to POWER up South Africa, which is part of the 2022 Thought-Leader Webinar Series. As a public higher-education institution in South Africa with a responsibility to contribute to public discourse, the University of the Free State (UFS) will be presenting the webinar in collaboration with the Free State Literature Festival. The aim of the webinar series is to discuss issues facing South Africa by engaging experts at the university and in South Africa.

Third webinar presented on 27 September 2022

South Africa’s ageing coal power plants are the cause of massive power outages on a regular basis. A dire need exists to diversify our energy mix and to consider more renewable energy. Renewable energy is regarded far cheaper than coal and the construction of coal power plants. South Africa is well positioned environmentally, with the best wind and solar potential on the entire African continent. Economic viability and benefits accompany the exploitation of renewable energy, which will provide much-needed stability in South Africa.

Date: Tuesday 27 September 2022
Time: 12:30-14:00
RSVP: https://events.ufs.ac.za/e/2022UFSThoughtLeaderWebinarSeries by 25 September 2022.

For further information, contact Alicia Pienaar at pienaaran1@ufs.ac.za.

Some of the topics discussed by leading experts in 2021 included, among others, reimagining universities for student success; corruption in South Africa – the endemic pandemic; South African politics and the local government elections; is South Africa falling apart: where to from here; predications for 2022; and why vaccinate? This year’s webinar series commenced on 31 May 2022 with the topic Crime in South Africa – who is to blame? This was followed by a webinar held in July, which asked the question, Are our glasses half full or half empty?

Facilitator:

Prof Francis Petersen
Rector and Vice-Chancellor, UFS

Panellists:

Nthato Minyuku

Group Executive
Government and Regulatory Affairs
Eskom

Steve Nicholls

Head of Mitigation
Presidential Climate Commission

Happy Khambule

Environment and Energy Manager
Business Unity South Africa (BUSA)

Louis Lagrange

Head: Department of Engineering Sciences
Faculty of Natural and Agricultural Sciences, UFS

Bios of speakers:

Nthato Minyuku

Ms Nthato Minyuku is Eskom’s Group Executive: Government and Regulatory Affairs responsible for positioning, advocacy, shared value, and unlocking constraints to value defence and growth. She joined Eskom in 2020 as part of the new executive team recruited by GCE André de Ruyter. She has an extensive track record as executive in various sectors, including energy, maritime oil and gas, infrastructure, and urban development.

In her previous roles, Minyuku was the former Corporate Affairs Executive for Shell South Africa, former Chief Economic Planner for the Presidential Infrastructure Coordinating Commission (PICC), former President of the South African Planning Institute (SAPI), and former member of the SA Council for Planners (SACPLAN) appointed by the Minister of Rural Development and Land Reform.

She is currently the Board Chairperson of the South African Maritime Safety Authority (SAMSA) appointed by the Minister of Transport. Passionate about women’s participation in the energy sector, she facilitates the Unleashing Leadership Potential (ULP) Women in Energy Forum.

Steve Nicholls

Steve Nicholls is the recently appointed Head of Mitigation in South Africa’s Presidential Climate Commission. In this role, he works with a range of stakeholders to reach consensus on net-zero pathways for each sector of the economy built on a strong fact base, while supporting capacity building and cooperation within the modelling community in South Africa. Understanding future competitive economies and what kind of investments are required to enhance South Africa’s economic competitiveness while creating employment and reducing inequality and poverty will be his key focus. Nicholls maintains an ongoing advisory role to the National Business Initiative, supporting its Just Transition Pathways project.

Nicholls’ past experience is in connecting climate issues with economic impact, and therefore building the strategic case for integrating climate considerations into economic planning, strategy, risk management, investment planning, policy development and implementation.

Prior to joining the PCC, Nicholls led the Environment and Society programmes at the National Business Initiative. In this role, he ran the programmes that harnessed the collective effort of South African business across the areas of energy, climate change, and water. Nicholls has worked in the consulting industry in the United Kingdom and South Africa and has worked on projects in Europe and Southern and East Africa. He has worked across several sectors, including mining, telecommunications, government, electrical energy, oil and gas, financial services, and retail.

Happy Khambule

Khambule is the former Greenpeace Africa senior political adviser on climate and energy. He studied law at the University of Johannesburg and was recognised by the British Council as a Global Changemaker and International Climate Champion in 2008 and 2010. In 2013, he was selected as one of the Mail & Guardian 200 Young South Africans. Khambule is an official party delegate to the United Nations Framework Convention on Climate Change and negotiates various issues, such as Paris Agreement implementation and response measures. He serves on the Paris Agreement Compliance Committee and is a non-executive director in Mansa Advisory. He serves on various boards, including the Earthlife Africa board and the CleanCity SA board, as an independent non-executive board chairperson.

Khambule is part of the inaugural President's Coordinating Commission on Climate Change (PCC) and is Business Unity South Africa's Head of Environment and Energy.

Louis Lagrange

Louis Lagrange is an agricultural engineer, who is specialised in project management, food process engineering, and energy engineering. Lagrange is currently leading a team at the University of the Free State that has successfully established a new degree in Engineering Sciences. The establishment was followed by new research in energy efficiency. Lagrange is also leading the establishment of a new full Engineering degree in Agricultural and Biosystems Engineering, specialising in energy engineering, food process engineering, and environmental biosystems engineering.

Prior to joining the UFS, Lagrange spent seven years at the University of KwaZulu-Natal as Senior Lecturer in the School of Bio-resources Engineering and Environmental Hydrology. Here he focused on energy conversion through tractors, combine harvesters, and implements and developed the new food process engineering subjects.

Lagrange’s passion for education is also prevalent through the facilitation of strategic and scenario planning for groups and boards of directors, including the facilitation of certified energy manager, certified energy auditor, business efficiency professional, certified lighting efficiency professional, and fundamentals of energy management training over the past 12 years for Energy Cybernetics, the Energy Training Foundation, and currently for the Institute of Energy Professionals Africa. He also co-developed and is the trainer of the new Energy Audit Technician and Energy Performance Certificate training courses for South Africa.

In his previous roles, Lagrange was project manager: research and development and portfolio manager: food processing for Agrele, a subsidiary of Eskom. Here, he focused on the development, marketing, and implementation of innovative methods to utilise and stimulate the additional use of electricity in agriculture.

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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