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27 November 2023 | Story Dr Nitha Ramnath and André Damons | Photo SUPPLIED
2023 UFS Thought-Leader Webinar Series
Prof Adam Habib, Director: School of Oriental and African Studies at the University of London and former Vice-Chancellor of the University of the Witwatersrand (Wits), and Dr Max Price, former Vice-Chancellor of the University of Cape Town (UCT), took part in the University of the Free State (UFS) Thought-Leader webinar titled, Student protest action, politics, and higher education. Prof Francis Petersen, UFS Vice-Chancellor and Principal, was the facilitator.

The crisis in South African universities is a crisis of the faction fighting in the ANC. 

This is according to Prof Adam Habib, Director: School of Oriental and African Studies at the University of London and former Vice-Chancellor of the University of the Witwatersrand (Wits), who was a panellist on Tuesday (21 November 2023) at the University of the Free State (UFS) Thought-Leader webinar titled, Student protest action, politics, and higher education.

Dr Max Price – former Vice-Chancellor of the University of Cape Town (UCT) – was the other panellist, and Prof Francis Petersen, UFS Vice-Chancellor and Principal, was the facilitator. This webinar was part of the 2023 Thought-Leader Webinar Series.

The two academics discussed their respective experiences in leadership positions during the #RhodesMustFall and #FeesMustFall student protest movements, the lessons learnt during these tumultuous times, and how these events continue to influence the current landscape in the higher education sector in South Africa and further afield. The discussion also reflected on their respective books – Rebels and Rage: Reflecting on #FeesMustFall, and Statues and Storms: Leading through change. 

Failed to achieve free education

Prof Habib said the social movements were successful in some areas but failed to achieve free education. “There was a big story about concessions around NSFAS. I would argue that it has as much to do with the protests as it has with the faction fighting within the ANC and the character of the former president.”

“We knew that the concessions made by President (Jacob) Zuma will not resolve the financial challenges, the missing-middle challenge remains and the fact that we have continued protests every year is a sign of that. The university crisis is a crisis of the faction fights of the ANC and until we call it out, we will not be able to deal with it,” said Prof Habib.

Rethink student governance 

He also talked about social struggles turning violent and said there is a romanticisation of violence in South Africa. A hard line against violence needs to be taken, said Prof Habib, and the only way to deal with it is to get the balance right in terms of acculturation and accountability, and proactive behaviour to engage with students and management, staff, and unions about what is acceptable practice and what is not. 

Prof Habib further said that there is a need to rethink student governance: “I don’t mean politics; I mean party politics. Too much of student governance is about the ANC competing with the DA, competing with the EFF. They are fighting universities on policies their political parties created the policies on. Their political parties created the policy infrastructure for the crisis in universities and then they are protesting against it.” 

“I want to be clear – student politics is important; however, student party politics is paralysing our institutions and there is something to be said about how we get student governance to represent the views of students as opposed to representing the views of the political parties. I don’t think we will sort out the problem of student governance until we get political parties out of the student governance of universities.”

Dr Price agreed that ideally, political parties should not contest student government elections. “National party politics neglects the real agenda. It seems that the real agenda of students is to advance the interests of national party politics and sharpen the ANC.”  He also reflected on how national party politics and the split within the ANC played out within the campuses through canvassing to sharpen the ANC, neglecting the real agenda of representing student issues. Nothing the vice-chancellors or management of universities could offer was satisfying, because the main purpose of students was to show up by shutting down universities.

“One cannot stop students from forming a slate representing common interests. However, it is difficult to determine if students form a slate as a front for the interest of political parties,” said Dr Price.

According to Prof Habib, compared to five years ago, R35 billion more is spent on universities, and if universities are not more stable and produce better graduates, this will be happening annually. 

Proactive on strategic issues

Dr Price reflected on whether being proactive as institutions can prevent protest actions, with reference to the Rhodes statue and the fallist movement. According to him, although Rhodes – for example – was on the agenda a year or two prior to the #Rhodesmustfall fallist movement, there was no agreement on taking down the statue, as their judgment was that it would not only be controversial, but also divisive. “The fallist movement tipped the balance and, largely through social media, educated a much larger audience than was ever interested in Rhodes.”

According to Prof Habib, a diverse understanding was and is required about reimagining statues – this is not just about the Rhodes statue, but about many things in South Africa. “Leadership is possible not only when people are on the streets; some kind of proactive movement is possible on big strategic questions. One of them that was long possible was the rethinking of financing universities, which we should not be surprised about. The failure was not that of universities, but instead the failure of the political class who refused to recognise that we were heading for a crisis, although they were told multiple times,” Prof Habib said.

Prof Habib concluded by emphasising that the indulgence of violence is destroying society. “Until progressives and those who claim to be progressives start developing a pragmatic and principled understanding of violence and not romanticising it, we will be in trouble. Structural and physical violence breaks the social pact that underlies democratic societies.”

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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