Latest News Archive

Please select Category, Year, and then Month to display items
Previous Archive
22 May 2024 | Story Prof Sethulego Matebesi | Photo Kaleidoscope Studios
Prof Sethulego Matebesi
Prof Sethulego Matebesi, Associate Professor and Academic Head of Department of Sociology, University of the Free State.

Opinion article by Prof Sethulego Matebesi, Associate Professor and Academic Head of Department of Sociology, University of the Free State


South Africa has entered a pivotal stage of the 2024 General Elections. Aside from the usual drama surrounding electoral politicking ─ the twists and turns of new political parties and election campaigns ─ the forthcoming elections have yielded theatrical spectacles that have kept us intrigued over the past few months.

 

Depending on how far back you want to reflect your aesthetic lens, the drama began with the furore over the spike in the number of young people who registered as new voters. In light of this, political parties had run relentless campaigns targeting young voters. There is a deeper issue here, however. Over the past three decades, voter apathy among young people in the country has been a knotty and vexing challenge that many scholars and policymakers have grappled with. What is provided ─ almost constantly ─ by the youth as a reason for the general apathy is a distrust of formal politics.

Here, I contend that while young people may see voting as trivial, especially in comparison to their purported different and new forms of engaging with democracy, I grapple with understanding how they will be staking a claim in the future of a country they will inherit.

New entrants the harsh reality of personality-driven politics

There is one thing South Africans are certain of about the elections: the proliferation of new political parties. Insofar as this year’s elections are concerned, of the independent candidates and newly registered parties expected to contest the elections ─ including Build One SA (Bosa) and Rise Mzansi — it is the emergence of uMkhonto weSizwe (MK) Party, backed by former President Jacob Zuma, and former African National Congress (ANC) Secretary-General Ace Magashule’s African Congress for Transformation (ACT), that ushered in a new era of unprecedented opposition politics in the democratic and political space.

Ironically, the MK Party, whose leader has been blamed for state capture and many other of the country’s failures, has enjoyed prominent winning streaks in the courts to ensure that Zuma is not removed from its parliamentary lists, and the party continues to use the name and logo of uMkhonto weSizwe that the ANC claimed belonged to its military wing.

Given Zuma and Magashule’s complex and frosty relationship with the ANC and their open hostility towards President Cyril Ramaphosa, these populist leaders idealised the forthcoming elections as a thrilling adventure with countless opportunities to provide a viable alternative to the ANC. For example, the MK Party’s radical socialist and conservative policies will ensure the state has almost everything. On the other hand, ACT, which is set to launch its manifesto soon, is still determined to unseat the governing ANC and disrupt the status quo, especially in the Free State.

These are exciting developments as both leaders were once at the helm of the ANC and are now promising a systematic political blueprint that will bridge the gap between the state and citizens.

Nevertheless, regardless of strong rebukes of these former leaders by the ANC Secretary-General, Fikile Mbalula, that had the unintended consequence of illustrating how the party protects its leaders at the expense of advancing national priorities, this leads me to another, and often ignored point: the harsh realities of elections.

For one, elections come and go, but personalities remain. And with the MK Party and ACT being led by shrewd leaders with almost unconstrained power, it is unsurprising that the two parties are already facing internal strife.

In the US it took Americans a while to realise that a current and former president would compete for the White House for the first time in that country’s history. This reality for American voters is that a win for either Joe Biden or Donald Trump will yet again yield one of the oldest presidents in the history of the US.

Generally, a harsh reality for many new political parties will hit the hardest when they realise that beneath all the glamour and shine of election campaigns are many other variables besides political rhetoric that determine election outcomes. I reckon this is a lesson learned by the two major opposition parties ─ the Democratic Alliance (DA) and the Economic Freedom Fighters (EFF).

The DA national flag saga a misstep in tactics

As the tumultuous clock of the high-stakes elections ticks on, the DA decided to provide its own twist to the political theatre through its advertisement featuring the burning of the South African flag.

The DA’s provocative move, intended to make a strong statement about the party’s view on the performance of the ANC, has backfired and caused outrage among most citizens. The DA’s response that their advert was well-intentioned is of even more significant concern.

In a country already fraught with racial tension and polarisation, using intentions as a blanket justification for disrespectful actions towards national symbols sets a dangerous precedent. Resorting to such extreme measures to capture attention illuminates a lack of understanding of the far-reaching consequences of such actions.

As the curtain is about to close on campaigns, it is more important than ever that citizens and political parties approach national symbols with the reverence and respect they deserve.


Institutional experts can be found at: https://www.ufs.ac.za/media/leading-researchers

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