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06 April 2023 | Story Cornelius Hagenmeier
AFRICA MONTH 2023

Theme: Promoting and appreciating knowledge in and from Africa

On 25 May 2023, Africa will celebrate the 60th anniversary of the Organisation of African Unity (OAU), now the African Union (AU). In continuance of the University of the Free State's (UFS) long tradition of commemorating Africa Day and the ideas underpinning it, the UFS will once again celebrate Africa in 2023 by organising diverse commemorations. The commemorations will highlight African indigenous knowledge and its relevance for higher education in South Africa and beyond. The interpretation and transfer of African indigenous knowledge will be celebrated through music and dance.

Africa Day memorial lecture

The highlight of the celebrations will be the Africa Day memorial lecture, hosted by the university's Centre for Gender and Africa Studies on Wednesday 24 May 2023. The speaker is Prof Motlatsi Thabane, formerly of the National University of Lesotho. The title of his presentation is Friendship in the Search for Justice in Mohokare Valley in the Nineteenth Century. The departure point of Prof Thabane’s lecture is the early 19th century. 

He demonstrates that a community of white settlers fleeing British rule in the Cape Colony was added to African communities living in the Mohokare Valley at the beginning of the 1830s. As a result, complex relations developed between African and white settler communities in the Mohokare Valley. Central to those relations was occupation and ownership of land. Driven by different motives and influences, some African communities threw in their lot with incoming white settler communities, while others resisted the alienation of land they regarded as theirs. 

Moshoeshoe I and his followers were among the latter groups. Consequently, relations that developed between Basotho and white settlers were characterised by deep mutual mistrust, tension, and conflict. White settlers were not a monolithic group, however, and among them were individuals who regarded the alienation of Africans’ land as unjust. Josias Philip Hoffman was one such individual. Concerned about the welfare of the Basotho and opposed to the unjust manner in which fellow settlers seized their land, he formed a friendship with Moshoeshoe I, and lent a hand to Moshoeshoe I’s resistance against the alienation of the Basotho’s land. The purpose of the lecture is twofold; first, to celebrate the friendship between these two men, and second, to ask questions about whether we can learn something from this friendship today.

Africa Month book launch 

The memorial lecture will be preceded by a book launch on 22 May. The UFS Library and the Centre for Gender and Africa Studies will facilitate the launch of the book titled, Decolonizing The Mind: A guide to decolonial theory and practice by Sandew Hira, Secretary of the Decolonial International Network (DIN). The book attempts to offer a comprehensive, coherent, and integral theoretical framework that draws on different contributions in the resurgent and insurgent decolonial movement. Hira will use the book launch to make a clarion call for a new world civilisation anchored in the decolonisation of the mind. 

The Africa Month Dialogue, slotted for 26 May and facilitated by the Office for International Affairs, will carry the same theme as the memorial lecture, namely, ‘Promoting and appreciating knowledge in and from Africa’. Together with the Rector and Vice-Chancellor, Prof Francis Petersen, and international partners, we will discuss the meaning and value of African indigenous knowledge, the importance of being creators and co-creators of knowledge in and from Africa, and the importance of African knowledge on the international stage. Of importance is the idea of African ways of being, knowing, and relating. In the engagement, internationalisation of African knowledge will be considered without necessarily compromising Africa’s ability to integrate and engage on a global level. The UFS’ approach to promoting African-produced knowledge and epistemological diversity and disseminating knowledge in and from Africa will be deliberated. 

Hybrid format 

The 2023 UFS Africa Month commemorations will once again take a hybrid format. Besides the Africa Day memorial lecture, the book launch, the Africa Day Dialogue, and various face-to-face functions on all three campuses, there will also be online content on a dedicated website. We are looking for contributions that engage with knowledge. Among others, UFS community members and its international partners are invited to make contributions centred on promoting and appreciating knowledge in and from Africa by way of contributions centred on, but not limited to the themes below: 

Exploring how knowledge in and from Africa is promoted and appreciated

• The role of orality in creating new understanding and insight 
• The potential of oral traditions and oral history for knowledge creation, transfer, and dissemination 
• Women in African knowledge processes
• Personal biography’s position in knowledge generation
• African land tenure systems
• African languages and knowledge creation
• Indigenous healing systems and pandemics
• Memory and knowledge creation
• African conflict resolution mechanisms and practices
• Ubuntuism 
• Indigenous knowledge in Africa
• The national, regional, and global impact of African scholarship
• UFS knowledge collaborations/partnerships on the African continent
• Narratives of research and student excellence associated with African unity 
• Dissemination of knowledge in and from Africa
• Celebrating epistemological diversity in and from Africa.

Other forms of contributions/participation can include, but are not limited to
• recorded performing arts performances (e.g., solo music or poetry);
• virtual visual art presentations;
• written poetry;
• songs;
• short thought/opinion pieces, which can also be published in mainstream media; 
• topical academic writings;
• face-to-face events; and 
• live-streamed events (with links to the Africa Month webpage).

Please share a brief written proposal explaining your planned contribution by 12 May 2023. The proposal should not exceed 300 words and should be emailed to Bhekumusa Zikhali at zikhalibn@ufs.ac.za / Africadaycommemoration@ufsacza.onmicrosoft.com.

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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