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13 September 2023 | Story Samkelo Fetile | Photo Supplied
Agriculture Supply Chain - Ukraine
On Thursday 7 September 2023, the University of the Free State (UFS) presented its fifth webinar titled, The need for a global and regional plan/approach to respond to the consequences of the Russia-Ukraine war, as part of the 2023 Thought-Leader Webinar Series.

Africa must avoid being instrumentalised by external conflict

In the wake of Russia's invasion of Ukraine, the world has been grappling with the far-reaching consequences of this conflict. The effects can be felt globally – affecting economies, supply chains, and vital issues on the international agenda. These are some of the points discussed in the recent Thought-Leader webinar held by the University of the Free State (UFS). The webinar titled, The need for a global and regional plan/approach to respond to the consequences of the Russia-Ukraine war, brought together experts such as Wandile Sihlobo, Chief Economist at the Agricultural Business Chamber of South Africa; Elizabeth Sidiropoulos, Chief Executive of the South African Institute of International Affairs; Dr Jakkie Cilliers, Chairperson of the Institute for Security Studies; and Prof Philippe Burger, Dean of the Faculty of Economic and Management Sciences, UFS.

The webinar was facilitated by Prof Francis Petersen, Vice-Chancellor and Principal of the UFS.

Exploring Africa’s long-term future

Dr Cilliers delved into the long-term future of Africa; drawing comprehensive insights, his analysis highlighted the global shifts and their impact on the continent. He projected that China would surpass the United States as the world's most powerful country by mid-century, emphasising the need for Africa to navigate relations with both China, the EU, and the US for its development.

Four global scenarios were presented by Dr Cilliers: a sustainable world, a divided world, a world at war, and a growth world. The most probable scenario appeared to be a divided world, characterised by fragmented international relations and a growing divide between the wealthy West and the rest of the world. He stressed the importance of Africa pursuing geopolitical stability, avoiding being instrumentalised by external conflicts, and working towards a fair, rules-based global system.

He also touched on Russia's influence in Africa, noting its role in proxy wars and coups d'etat aimed at disrupting Western influence. “While Russia's direct presence in Africa was relatively small, its capacity to undermine the West and impact Africa's development prospects was significant,” said Dr Cilliers. He cautioned against overestimating Russia's influence and emphasised the need for a more nuanced understanding of the complex factors affecting Africa's future.

Global paradigm shifts

Sidiropoulos placed the ongoing war and global developments in a broader context, emphasising the need for a significant shift in how we perceive the world and its norms, calling for changes in economics, politics, and even ideology. Regarding the Ukraine conflict, she noted its role as a proxy and European war with far-reaching global consequences, highlighting the importance of understanding its historical context.

She discussed the evolving dynamics of the Ukraine conflict, where neither side has achieved its desired outcomes. She emphasised the potential for war fatigue and the need to consider alternative pathways, such as dialogue and negotiation, to avoid a frozen conflict or an outright victory by one party. She also underscored Russia's continued relevance as a great power with nuclear capabilities, prompting questions about the future of European security arrangements.

Shifting her focus to South Africa and Africa as a whole, Sidiropoulos stressed the importance of understanding the foreign policy of major global players such as Russia, China, and India. “As these countries rise in influence, it becomes essential to navigate their policies, both in terms of national interest and values,” she added.

Nonalignment and South Africa's foreign policy challenges

Sidiropoulos discussed the challenges presented by South Africa’s non-aligned stance. “There is a need for a coherent government-wide strategy, clear messaging, and the ability to make decisions based on issues and national interests rather than being automatically aligned with one camp or another.” The importance of preserving policy space and balancing economic interests with fundamental principles in international relations was emphasised.

She called on African countries to adopt a more proactive stance in shaping their path and ensuring that national interest serves the citizens and society, not just the elite. She stressed the importance of economic independence, not isolation, by leveraging opportunities such as the African Continental Free Trade Area (AfCFTA), diversifying production, and strengthening governance for accountability.

Strengthening regional value chains

Sihlobo emphasised the vulnerability of the continent's food supplies and stressed Africa's dependence on food imports, highlighting that the continent imports approximately $80 billion worth of agricultural food, fibre, and beverage products. “Vulnerabilities in the food supply chain existed before the war due to factors such as drought, conflicts in East Africa, and COVID-19 supply chain disruptions. These vulnerabilities disproportionately affected Africa's poor households,” said Sihlobo.

South Africa, in contrast to much of Africa, exports nearly half of its agricultural production, amounting to around $13 billion in value. Despite exporting record volumes in 2022, South Africa has not escaped the price transmission effects of global disruptions, resulting in food inflation concerns. However, South Africa's situation was relatively better due to its export-oriented agriculture.

Sihlobo emphasised the need for Africa to strengthen regional value chains to insulate itself from external shocks. “Regional cooperation, productivity improvements, infrastructure development, and investments are essential for Africa's agricultural sector to thrive,” he added.

To enhance agricultural productivity in Africa, Sihlobo highlighted the importance of political stability, good governance, and infrastructure development. Productivity gains must replace extensive land expansion, with governments promoting sustainable agricultural practices.

Need for ongoing containment

Prof Burger highlighted the importance of containment as a policy approach to address the ongoing Russia-Ukraine crisis. He emphasised the need to consider the moral, economic, and political dimensions of the crisis, while recognising its historical context.

He noted that the initial invasion of Ukraine led to spikes in global inflation. However, subsequent developments, including a military containment, contributed to a decrease in inflation rates. He likened the current military stalemate to World War I's trench warfare and the lack of significant military progress for protracted periods of time. He also highlighted that the Black Sea Grain Initiative (BSGI) of 2022 has expired, and Russia has shown reluctance to renew it. This ongoing stalemate and the risks associated with the non-renewal of the BSGI have raised questions about the prospects of the crisis.

Prof Burger discussed the concept of containment, differentiating between long-run changes in input prices and short-term fluctuations. “Successful containment involves interventions that prevent price movements from deviating significantly from long-term levels.” He pointed to successful containment interventions during the COVID-19 pandemic and the Russia-Ukraine crisis. These measures included economic stimuli, vaccine distribution, rerouting of grain exports, and ensuring stable energy supply.

He briefly discussed the role of the expanded BRICS (Brazil, Russia, India, China, South Africa), which now includes Saudi Arabia, the UAE, Egypt, Ethiopia, Iran, and Argentina, in the context of the crisis. While acknowledging divisions within the group, he noted that BRICS allows China and India to pursue their international programmes more independently.

Prof Burger concluded by highlighting the need for containment in the face of a long-term military stalemate or the absence of a clear Ukrainian victory. He argued that containment in the form of a long-term ceasefire as in the Kashmir and Korea conflicts might be the most viable solution. In addition, the stability of the Putin regime and Western support for the Zelensky government would be crucial factors in determining the trajectory of the crisis.


WATCH: 2023 UFS Thought-Leader Series

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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