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29 November 2024 | Story Prof Mpumelelo Ncube | Photo Supplied
Prof Mpumelelo Ncube
Prof Mpumelelo Ncube is an Associate Professor of Social Work at the University of the Free State.

Opinion article by Prof Mpumelelo Ncube, Head of the Department of Social Work, University of the Free State


As we approach the end of another year, many people take this time to reflect on the successes they have achieved, as well as to appreciate their resilience in overcoming life's challenges. For some, this season of reflection serves as an opportunity to reward themselves for their accomplishments. However, for many others, the festivities become a coping mechanism, masking deeper pain and unresolved trauma.

This year has been marked by several successes, including the simple fact that we are still alive, despite the staggering number of lives lost in the country, but more so, in conflict zones. Countries like Sudan, South Sudan, the Democratic Republic of Congo (DRC), Mozambique, Palestine, and Ukraine have endured severe violence, with countless innocent lives taken. In these instances, the human cost continues to mount, making survival a powerful testament to resilience and divine grace in the face of such overwhelming adversity. Life itself is an accomplishment, but for countless individuals, it also carries untold stories of sorrow, stories not just from this year but from previous years as well. Families continue to grieve the loss of loved ones to the COVID-19 pandemic, and many have lost their livelihoods due to the economic downturn that followed. The situation is further exacerbated by South Africa’s unemployment rate, which exceeds 40% (expanded definition), making it increasingly difficult for many individuals to secure new sources of income.

The violence

In addition, South Africa continues to grapple with violence. Families mourn the loss of loved ones to murder — a pain that never truly heals, though families learn to live with it. The country’s murder rate remains alarmingly high, with slight fluctuations in the past five years looking only at the months of April to June across the years. In 2020, COVID-19 restrictions temporarily reduced murders to 3 466, but once the lockdown lifted, the rate surged to 5 760 in 2021, continuing to rise to 6 424 in 2022. Though slightly declining in 2023 and 2024, the numbers are still far too high. This reflects an ongoing crisis that demands stronger interventions, law enforcement, and efforts to address the socio-economic disparities that fuel crime.

Further compounding the year’s challenges, 2024 saw tragic events such as children dying from poisoned food, mass killings in the Eastern Cape, a rise in extortion, and an alarming increase in teenage pregnancies, especially in underprivileged communities. As we close the year, these issues do not vanish. In fact, they may intensify, often hidden beneath the veneer of holiday festivities.

The impact of alcohol

For many, these festivities are synonymous with alcohol consumption. Despite the economic struggles faced by many, a budget for alcohol remains a priority. This may seem counterintuitive, but it highlights the reality of people using alcohol to escape their suffering. Alcohol, like many other substances, becomes a coping mechanism for the trauma that so many endure.

In its 54th conference, the ANC rightly observed a universal phenomenon of alcohol abuse where socially and economically unequal societies tend to have higher levels of substance abuse, particularly alcohol and drugs. The §National Drug Master Plan 2019/24 identifies alcohol as the primary substance abused across racial and class lines in South Africa, largely due to its easy accessibility, affordability, and cultural associations. South Africa ranks among the high alcohol-consuming countries, with an average of 9.3 litres per capita annually, far surpassing the global average of 6.4 litres.

The consumption of alcohol is particularly concerning among young people, who often gain access to alcohol earlier than legally permitted, especially during the festive season. When young people normalise alcohol consumption, it often leads to lifelong addiction, impaired development, and an inability to fully participate in society. Tragically, in some cases, it results in fatal outcomes.

For the broader population, alcohol is often a catalyst for violence, both in public spaces and within homes. It exacerbates gender-based violence (GBV), fuels broken families, perpetuates cycles of poverty and substance abuse, and undermines social cohesion. These issues have plagued South Africa for years, with little success in addressing them.

The festive season is also associated with a rise in road accidents and fatalities, often linked to alcohol consumption. While this is only the tip of the iceberg, it reflects the broader societal damage caused by alcohol. Yet, alcohol continues to be marketed as a symbol of success, sophistication, and enjoyment. While alcohol-facilitated festivities and social gatherings in general may offer fleeting escapism, they ultimately fail to address the profound psychological and emotional wounds that individuals carry. Beneath the veneer of revelry and glamour, these events often leave participants with unhealed scars, merely postponing the inevitable pursuit of the next escapism opportunity. In truth, the industry exploits vulnerable individuals for profit, often masking the harm it inflicts on communities.

Despite the alcohol industry's substantial contribution to South Africa's GDP, a comprehensive cost-benefit analysis reveals that the industry's socioeconomic costs, encompassing both direct and indirect expenditures, as well as intangible externalities, significantly exceed its economic benefits. In the past, studies have shown that alcohol-related harm costs between 10% and 12% of the country’s GDP, while the benefits, including taxes and employment, account for a less than 10%. This disparity calls for a re-evaluation of the country’s relationship with alcohol. It’s a substance that not only fuels violence and the resulting trauma but also undermines the nation’s aspirations for a more prosperous and equitable future for all. We must question whether alcohol is truly indispensable. Does its social, cultural, or economic significance justify the considerable harm it causes to human life?

16 Days campaign

This truly is the time for the country to reconsider its approach to alcohol regulation. There have been ongoing debates about tightening restrictions on alcohol advertising, with proponents arguing that these measures could mitigate the damage caused by the industry. Some have also called for raising the legal drinking age, suggesting that delaying access to alcohol could benefit both individuals and the economy. Additionally, increasing excise duties could make alcohol less accessible, reducing its harmful impact on society. These steps require leaders who prioritise the lives of the people they serve over the profit margins of corporations. Ultimately, this serves as a clarion call to collective action, urging all stakeholders in society including families, faith-based organisations, community groups, educational institutions, and beyond, to assume a shared responsibility for reversing this destructive trend. By doing so, we can break the cycle of harm, mitigate the pervasive psychological and emotional trauma that permeates our society. Afterall, Life should be treated as sacred and worthy of protection and improvement at every opportunity.

In light of all these issues, we are also reminded of the 16 Days of Activism for No Violence against Women and Children Campaign, a global campaign aimed at raising awareness about violence against women and girls. Let this not be a mere rhetorical exercise, but a call to action, one that demands meaningful decisions and interventions to protect vulnerable individuals and build a society free of violence and harm.

Mpumelelo Ncube is an Associate Professor of Social Work at the University of the Free State. He writes in his personal capacity.

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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