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07 December 2023 | Story Leonie Bolleurs | Photo CHARL DEVENISH
Dr Marié Herbst
Dr Marié Herbst received her PhD with specialisation in Design, titled The (S)Pace of Images: establishing a practice of the conscious abstraction of motion. She hopes that the techniques and processes explored in her research will spark creativity in the way other designers approach their work.

“My research has unveiled the exquisite patterns generated by motion in nature and everyday objects – patterns that often evade our awareness as we encounter motion in a fleeting moment. Abstraction plays a pivotal role in unveiling these exquisite yet largely unnoticed patterns that surround us.”

This is the perspective of Dr Marié Herbst, who graduated at the University of the Free State (UFS) in December, receiving her PhD with specialisation in Design, titled The (S)Pace of Images: establishing a practice of the conscious abstraction of motion.

Abstraction, a key component of building design

Dr Herbst says that the abstract art movement has had a profound influence on how designers think about design. “Highly regarded architects such as Le Corbusier and Zaha Hadid identify their practice of creating abstract paintings as the driving force behind their ground-breaking building designs. Abstraction is therefore a key component of building design, although the process of how it is applied has historically not received adequate attention. My research explores the way abstraction enables designers to include design information that is only possible through the process of abstraction. One such aspect is motion. Through the process of tracing and superimposing still images extracted from films, I can integrate them into a single picture that shows the progression of time,” she explains.

She hopes that the techniques and processes explored in her research will ignite creativity in how other designers approach their work. “The concepts and techniques outlined in my research are intended to prompt other designers to reconsider the procedures they employ when crafting spaces,” she states.

In the future, Dr Herbst says, she would like to further explore the ideas sparked by her research, such as determining how design would be affected by recording movement in a three-dimensional environment. “New technologies such as LiDAR make the recording of three-dimensional information much simpler, and it will increasingly become a part of our everyday lives. This is a potentially useful information stream that could be applied to create novel designs,” she says.

‘Practice-based’ versus ‘design-led’ research

Prof Jonathan Noble, Head of the Department of Architecture, says this is the very first PhD from the new creative research programme in architecture that was launched in 2018, where the student has completed a ‘design-led’ enquiry. 

He explains that the new creative programme differentiates between ‘practice-based’ research, closely tied to real-world architecture, where candidates analyse and study their previous work, and ‘design-led’ research, which is led by an entirely new creative exploration that encourage speculation and experimentation. According to him, the latter leads to a creative enquiry, and this body of new work is analysed and written about.

Following Prof Noble, postgraduate research in architecture in South Africa has traditionally centred around architectural theory, cultural history, urban studies, and conservation. Creative research methods, however, have not been as prominent. The Department of Architecture is addressing this by introducing new postgraduate research modes supported by innovative research degrees, marking a departure from the traditional approach in South Africa.

“We believe the programme will have a lasting and significant effect upon our professional degrees, injecting professional creativity and new thinking into the life of the department, and serving as an opportunity to look deeply into design and pedagogic practices. Over time, the programme will strengthen ties with the profession and address the closed mentalities of the so-called ‘academic ivory tower’.”

“In addition to providing emerging young scholars with opportunities, the programme facilitates the documentation of the unique qualities of South African practice and makes an important contribution to future research publication and teaching pedagogy at the UFS and beyond,” he says.

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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