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Thought-Leader Series: A culture of acceptance – is this South Africa’s greatest threat?

12 June 2023 | Story Samkelo Fetile

2023 UFS Thought-Leader Series

PRESENTS

a panel discussion titled

A culture of acceptance – is this South Africa’s greatest threat?

Watch the livestream (live on 13 July 2023)

The University of the Free State is pleased to announce the upcoming UFS Thought-Leader panel discussion titled “A Culture of Acceptance – South Africa’s Greatest Threat?” as part of the 2023 Thought-Leader Series. A public South African higher-education institution, The University of the Free State (UFS) recognises its responsibility to contribute to the public discourse. In collaboration with the Free State Literature Festival, this event will bring together esteemed thought leaders to shed light on the social, political, economic, and business landscape of South Africa and its implications for our future. The panel discussion will be facilitated by Prof Francis Petersen, Vice-Chancellor and Principal of the UFS.

Panel discussion presented on 13 July 2023

The general state of decay we are currently experiencing in our various structures of governance on nearly all levels is preventing the economic growth that our country so desperately needs to move forward. Our current national financial status is clearly the result of not only poor government performance, but also a totally deficient policy environment. Part of the threats currently facing our country is civil society’s attitude of accepting rampant corruption, crime, and economic degradation as if it is something inevitable and unavoidable. The question is: has our current situation created a society that has simply accepted its fate? Or has it created a society that has become more innovative and creative, actively navigating current challenges, and finding new solutions to societal issues independent of government? These are some of the aspects we look forward to discussing with the esteemed panel.

Date:	Thursday 13 July 2023
Time:	10:00-12:00
Venue:	Albert Wessels Auditorium, Bloemfontein Campus
RSVP:	https://events.ufs.ac.za/e/ThoughtLeaderPanel by 10 July 2023

Refreshments will be served.

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

Some of the topics discussed by leading experts in 2022 included, among others, Crime in South Africa – who is to blame; Are our glasses half full or half empty; What needs to be done to power up South Africa?; and A look into the future of South Africa. This year’s webinar series commenced in April, when we discussed Threats to South Africa’s stability and security challenges.

Facilitator:	Prof Francis Petersen	Vice-Chancellor and Principal, UFS

Panellists:	Prof Bonang Mohale	President: Business Unity South Africa

	Prof Piet Croucamp	Senior Lecturer, Political Studies and International Relations: North-West University

	Dr Sipho Pityana	Founder and Chairman: Izingwe Capital (Pty) Limited

	Dr Lindie Koorts	Research Fellow: International Studies Group, UFS

Bios of speakers:

Prof Bonang Mohale

Bonang Mohale is the President of Business Unity South Africa (BUSA), Chancellor of the University of the Free State, Professor of Practice in the Johannesburg Business School (JBS) College of Business and Economics and Chairman of The Bidvest Group Limited, SBV Services and ArcelorMittal! He is a member of the Community of Chairpersons (CoC) of the World Economic Forum.

Mohale, a highly respected South African businessman, has held several leadership positions; namely, CEO of Business Leadership South Africa (BLSA), Vice President and Chairman of Shell South Africa (Pty) Ltd, Executive Vice President of SAA and MD of Otis (Pty) Ltd, among others. A vocal, agent courageous change, Mohale is known for his patriotism and active role in advancing the interests of South Africa. Mohale has a distinguished career and track record of leading and building successful companies and making significant advances in the transformation of these companies.

An avid writer, Mohale is the author of the bestselling books, “Lift As You Rise“ and “Behold The Turtle” which contain and reveals the issues he is passionate about. Mohale has been included in the Reputation Poll International’s (RPI) 2023 list of the ‘100 Most Reputable Africans’. The selection criteria are Integrity, Reputation, Transparency, Visibility, and Impact.

Prof Piet Croucamp

Professor Piet Croucamp teaches politics at the North-West University. His research interest is the social origins of violence. He has published extensively in both national and international scholarly journals.

Dr Sipho Pityana

Dr Sipho Mila Pityana is a business leader with extensive experience, having served in both executive and non-executive capacities on several local and international boards of blue-chip companies. He is the founder and Chairman of his private investment firm Izingwe. He is currently Chairman of the JSE-listed Redefine Properties, and non-executive Director of the Absa Bank Group. He is the former Chairman of AngloGold Ashanti Limited, and Munich Re of Africa. He also served as a lead independent Director of the Absa Group and an executive director of Nedcor Investment Bank, among others. He was the founding delegate of the National Economic Development and Labour Council (NEDLAC), and he was one of the founding members of the governing body of the Commission for Conciliation, Mediation and Arbitration. He served on the governing body of the International Labour Organisation (ILO). His passion for education has seen him serve as Registrar of the University of Fort Hare, Chairperson of the National Student Financial Aid Scheme (NSFAS), and former Chairperson of the Council of the University of Cape Town.

Dr Lindie Koorts

Dr. Lindie Koorts is a historian, biographer and author. She is a Research Associate at the University of the Free State's International Studies Group and a regular media commentator, who often writes on the links between current affairs and history.

Livestream

WATCH: 2023 UFS Thought-Leader Series (Live on 13 July 2023)

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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