Latest News Archive

Please select Category, Year, and then Month to display items
Previous Archive
27 June 2024 | Story Michelle Nöthling | Photo iStock
Voting

The UFS Centre for Gender and Africa Studies, in conjunction with the South African Institute of Race Relations (IRR), recently hosted the fifth instalment of the Africa Dialogue Series. The webinar series – established by Prof Hussein Solomon – has rapidly grown in stature. The latest discussion on the SA Election Aftermath: Economic, Security and Political Considerations drew high-profile international attendance that included several ambassadors, military attachés, and representatives of security communities.

“Part of the success of the Africa Dialogue Series,” Prof Solomon says, “is that we include a variety of speakers in each discussion. This ensures that the conversation remains relevant.” 

Economic challenges amid coalition governments

Prof Philippe Burger, Dean of the UFS Faculty of Economic and Management Sciences, opened the discussion by highlighting the complexities of coalition governments in South Africa – especially given the country’s lack of experience with such political arrangements. Prof Burger further pointed out the difficulty of managing coalitions amid economic stagnation, high unemployment, poverty, and mounting debt. At the time, Prof Burger forecast that a coalition with the Democratic Alliance (DA) might push for pro-market reforms, but that such an agreement could still suffer from instability due to ideological differences. Prof Burger predicted a ‘rocky five years’ ahead for any coalition government.

A shift in security strategy

Transitioning to security matters, Eeben Barlow, Chairman and CEO of Executive Outcomes, stressed the paramount importance of a robust national security strategy for the new government's stability and South Africa's interests. He advocated for a comprehensive reassessment of the current strategy, urging a shift from reactive policies to a proactive, pre-emptive approach. Barlow underscored the need to align intelligence, law enforcement, and military efforts within this revamped strategy through proper structuring, training, and resourcing. He warned that without comprehensive security planning and decisive implementation, South Africa risks further instability, economic decline, and international reputational damage.

Political fragmentation

Next, Terence Corrigan, Project and Publication Manager at the IRR, offered a sobering analysis of the election results. He noted the severe weakening of the previously dominant ANC, which no longer serves as the nation's ‘moral voice’. Despite this, the opposition failed to capitalise decisively, with the DA potentially reaching its voter ceiling. Corrigan expressed concern over the rise of anti-constitutional parties such as the EFF and MK, which exploit public grievances and pose a ‘populist challenge’ to democratic institutions. He predicted increased political fragmentation and ‘fractious politics’ as South Africa navigates this political landscape.

Legislative gridlock and electoral reform

Adding to the discussion of political challenges, Marius Roodt, Deputy Editor of Daily Friend, noted the worrying decline in voter turnout, and reiterated the concerns regarding South Africa’s fragmented politics. Roodt warned that this fragmentation could lead to legislative gridlocks from minority governments or unstable coalitions unable to pass laws. To address these issues, he proposed electoral reforms, including minimum vote share thresholds, extended time frames for forming governments, binding coalition agreements, and restrictions on motions of no confidence. While some view gridlock as a check against radical policies, Roodt acknowledged that an inability to pass the necessary laws could hamper investment.

Broader political implications

Concluding the presentations, Sanet Solomon, a political analyst and lecturer at UNISA, provided an overarching analysis of South Africa's political landscape post-elections. She called attention to the historic significance of three decades of democracy and fluctuating voter turnout influenced by various challenges and achievements. Solomon emphasised the critical nature of policy alignment in coalitions, particularly the ANC's collaboration with the DA. She also discussed the complexities of maintaining macroeconomic stability, the urgent need for rule of law and anti-corruption measures, and the importance of strategic, cohesive policy making in the nation's future.

The webinar underscored the multifaceted challenges facing South Africa's new coalition government, highlighting the need for strategic economic, security, and political planning to navigate the uncertain road ahead.

Click to view documentClick here to watch the full dialogue.

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”.

 

 

We use cookies to make interactions with our websites and services easy and meaningful. To better understand how they are used, read more about the UFS cookie policy. By continuing to use this site you are giving us your consent to do this.

Accept