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Prof Francis Petersen
Prof Francis Petersen, Vice-Chancellor and Principal of the University of the Free State.

Opinion article by Prof Francis Petersen, Vice-Chancellor and Principal of the University of the Free State. 


The 16 Days of Activism Against Women and Child Abuse campaign has over the years raised valuable awareness around the pervasive scourge of gender-based violence that continues to plague our country in general – and our institutions of higher learning in particular. But, as with any campaign around an issue of such importance, it is vital that awareness evolves into real action. And in the higher education sphere, there is much that universities can do to make a real difference, says Prof Francis Petersen.

South Africa’s levels of violence against the more vulnerable sectors of our society remain alarming. The United Nations Children’s Fund (UNICEF) recently expressed grave concern over the latest crime statistics released by the South African Police Service. It revealed that more than three children and twelve women were murdered daily in South Africa over a 90-day period between October and December last year – while another 21 434 women and children suffered attempted murder or grievous bodily harm.

Such staggering levels of abuse can simply never be accepted as the norm. On our university campuses in particular, the rate of gender-based violence remains unacceptably high. As university authorities, it is essential that we never lose the impetus to combat this, and that we keep on dedicating resources, time, perspectives, skills, and insights to help bring about real change. 

Creating safe spaces 

It starts by ensuring that our campuses constitute physically safe spaces for our students – with all the necessary security measures in place to ensure a living and learning environment free from risk or fear. Here, special attention should be paid to ensuring safety at on-campus and off-campus accommodation, and while commuting to and from them. Policies around gender-based violence need to be developed and regularly reviewed, and the necessary support structures should be established and empowered – not only to provide aftercare, but also to work towards prevention. Universities should treat all incidents of gender-based violence in a serious light, consistently responding with swift and thorough investigations and appropriate disciplinary action. The ultimate aim is to create environments where all students and staff feel secure and respected, regardless of their gender and sexual orientation.

But our campuses should also be intellectually safe spaces, where students feel free to speak out about issues that concern them, and where archaic ideas around masculinity can be exposed, challenged, and contested without fear of humiliation or retribution. Platforms for discourse and discussion need to be deliberately created for this, with the university leadership setting the tone by speaking out against issues that work against a culture of social justice on our campuses.

Creating a safe, caring environment for our students includes listening to them, responding in an appropriate and timely way, and working with them towards co-creating real workable solutions. An important part of this is to include students in university governance structures, where they can actively influence policy and decision making around issues that affect them.

Changing harmful gender stereotypes

As centres for innovation, research, dissemination, and application of knowledge, it is essential that universities use their society-focused role to speak out against harmful gender stereotypes and outdated perceptions around gender roles. In the process, we play an important part in influencing a new generation of leaders and helping to reshape societal norms and expectations.  Our curricula should include a comprehensive focus on principles of gender parity, incorporating GBV awareness and prevention – which is why curriculum renewal remains so important. And why curricular and co-curricular programmes should all be underscored by a value system of equity, care, and social justice. 

As microcosms of what an ideal society should look like, it is of course equally essential that this equity is reflected in universities’ own human resources policies, staff complements, and hiring procedures. 

Mental health support

Universities are ideally placed to provide professional mental health support to victims of abuse – many of whom would otherwise not have easy access to it.  This support extends to cultivating assertiveness and resilience in our students. Through individual therapy, as well as the various self-awareness programmes offered on our campuses, we empower potential victims to realise their own worth. It also equips them with knowledge on how to avoid an abusive situation, and how to act when they find themselves in it. 

Combating economic abuse 

Economic abuse is a manifestation of gender-based violence that is too often overlooked. This silent and insidious form of abuse traps women in a cycle of dependency and can prevent them from pursuing employment prospects and attaining personal growth. Education remains one of the most potent weapons in the fight against economic abuse. But it needs to go even further than that. As hubs of research and critical thinking, universities should use their resources towards understanding the dynamics of economic abuse – its prevalence, consequences, and the most effective interventions to address it. As part of our society-focused role, we should also use our knowledge and skills to provide counselling, legal aid, and economic advice. 

Harnessing technology to fight abuse

The digital sphere has become a critical battleground in the fight against gender-based violence. Not only does it provide access to online platforms where survivors of gender-based violence can speak out, share experiences, and create a support network – it also enables counsellors and caregivers to reach victims who would otherwise not be able to make use of their services.

On top of that, online platforms offer a safe and discreet way for survivors to report incidents and access legal and other aid. Part of our teaching and learning as well as our community engagement functions as universities is to educate our staff and students and also the wider community about these possibilities, equipping them with digital competencies, and helping to facilitate access to online resources.

Driving a collaborative approach

I believe it is abundantly clear that institutions of higher learning have an important and meaningful role to play in the fight against gender-based violence on a variety of fronts. It is a role we should embrace, develop, and refine with growing determination. What is equally clear is that it is a fight we cannot win on our own. A collaborative approach by higher education, the private and business sector, and government is needed – to reinforce anti-abuse discourse from various angles and to escalate it into real, sustainable, and effective action.

Creating a culture of responsibility 

This much remains clear: The responsibility of preventing gender-based violence lies not only with the potential victims, but with every member of society. Universities should establish clear and mandatory reporting protocols for staff and students who witness or are aware of instances of abuse. But even more important – create a culture of responsibility, where information sharing, support, and assistance are a natural outflow of a caring, cohesive institution. 

Establishing such united university communities, based on equity, inclusivity, and social justice, is the only way we can hope to eradicate gender-based violence from our campuses – and in turn, from our society as a whole. 

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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