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09 April 2018

As a transforming university, the University of the Free State (UFS) strives to cultivate an environment that is inclusive and socially just. In order to achieve this goal, the UFS adopted an Integrated Transformation Plan (ITP) as a framework to guide the transformation process. One area of transformation which we identified was: Names, Symbols and Spaces. A cross-functional task team responsible for this area is currently embarking on a process of reviewing how space and symbolic representation facilitates or hinders social inclusion in a diverse community. 

Monuments such as statues play an important symbolic role in people’s lives, with each monument being built for specific reasons and intended to serve particular purposes or interests. Monuments are erected as part of a visual culture that continually reminds us of something or someone important; yet, the symbolic value of monuments may change. Such values may acquire or lose importance, depending on fluctuating socio-political dispensations and dispositions. 

The student community, through the Student Representative Council (SRC), has made several representations in the past, and again on 8 March 2018 during a quarterly student engagement session with the Rector and Vice-Chancellor, Prof Francis Petersen, to review the position of the President Steyn statue in front of the Main Building on the Bloemfontein Campus in the current, liminal transformation space – particularly, its symbolic representation within a university community that is striving to create inclusive public spaces and advance nation-building and social cohesion.
 
Prof Petersen acknowledged the urgency of this matter and subsequently appointed a task team to focus on this request. The task team functions as a sub-committee of the ITP work stream on Names, Symbols, and Statues and consists of subject experts, members of the SRC, heritage professionals, and individuals who understand the complex issue of institutional culture.

 The task team recognises the fact that the review is a sensitive process, and has made significant progress while aligning itself to relevant legislation. As part of the review process, the task team has decided to make a submission to the Free State Provincial Heritage Resources Authority in order to obtain a permit to cover the MT Steyn statue while the review process is conducted, and an outcome has been reached. The task team is of the opinion that wrapping the statue symbolises the seriousness and urgency of the review process. 

In preparing the application for a permit to the Provincial Heritage Resource Authority, the task team would like to engage with all relevant stakeholders by requesting them to make submissions, indicating if they agree or disagree with the covering of the statue.
 
Stakeholders can make submissions in the following ways:

Written submissions can be sent to news@ufs.ac.za until 16:30 on Wednesday 11 April 2018.
 
The written submissions will be incorporated in the application for a permit and, after the decision has been made by the permit committee, there will be a 14-day-period during which the public may appeal the decision. 

As part of the Framework of Engagement on the President Steyn statue, the task team is also in the process of appointing a consultant to conduct a heritage impact assessment as required by the heritage authorities. Clear time frames on key deliverables will be shared with the UFS community at the start of the second term. 
The task team is committed to engage on this process with the appropriate urgency, cognisant of what is legislatively required in terms of the heritage authorities.
 
Released by:
Lacea Loader (Director: Communication and Brand Management)
Telephone: +27 51 401 2584 | +27 83 645 2454
Email: news@ufs.ac.za | loaderl@ufs.ac.za
Fax: +27 51 444 6393

News Archive

UFS law experts publish unique translation
2006-06-21

Attending the launch of the publication were from the left:  Prof Boelie Wessels (senior lecturer at the UFS Faculty of Law), Prof Frederick Fourie (Rector and Vice-Chancellor of the UFS), Prof Johan Henning (Dean: UFS Faculty of Law) and Adv Jaco de Bruin (senior lecturer at the UFS Faculty of Law). Prof Wessels translated the treatise from corrupted medieval lawyer Latin into English, Prof Henning is the leading author and initiator of the publication and Adv de Bruin assisted with the proofreading and editing. Photo: Stephen Collett

UFS law experts publish unique translation of neglected source of partnership law

The Centre for Business Law at the University of the Free State (UFS) has translated a unique long neglected Roman-Dutch source of the law of partnership law from Latin into English.  This source dates back to 1666. 

The book, called Tractatus de Societate (A Treatise on the Law of Partnership), by Felicius and Boxelius is published as Volume 40 in the research series Mededelings van die Sentrum vir Ondernemingsreg/Transactions of the Centre for Business Law.  It is the first translation of this Roman-Dutch source into English and comprises of a comprehensive discussion of the South African common law of partnerships.  

“Apart from various brief provisions dealing on a peace meal and an ad hoc basis with diverse matters such as insolvency, there is no comprehensive Partnership Act in South Africa.  The law of partnership in South Africa consists of South African common-law, which is mainly derived from Roman-Dutch law,” said Prof Johan Henning, Dean of the Faculty of Law at the UFS.  Prof Henning is also the leading author and initiator of this comprehensive publication.

“Countries such as America, England, Ireland and The Netherlands have drafted or are in the process of establishing new modern partnership laws in line with new international guidelines, practices and commercial usages,” said Prof Henning.

“However, in South Africa the most recent policy document released by the Department of Trade and Industry explicitly excludes partnership law from its present company law reform programme and clearly regards this as an issue for another day,” said Prof Henning.

“Unless there is a political will to allocate the necessary resources to a comprehensive partnership law revision program, it is a practical reality that South Africa will not have a modern Partnership Act in the foreseeable future,” said Prof Henning. 

According to Prof Henning South African courts have been using the Roman-Dutch partnership law sources as authority.  “The English Partnership Act of 1890 is not binding and the English text books should therefore be approached with caution,” said Prof Henning.

“A treatise on the law of partnership that has been regarded by South African courts as an important common law authority is that of  a Frenchman by the name of Pothier.  This treatise was translated into English and was regarded as an au­thority of significance in The Netherlands towards the end of the eighteenth century,” said Prof Henning. 

“Pothier’s opinions are however not valid throughout in the Roman-Dutch partnership law as it did not apply to the Dutch province of The Netherlands and it sometimes also rely on local French customs for authority,” said Prof Henning.

For this reason the Centre for Business Law at the UFS decided to focus its attention again on the significance of the comprehensive treatise of Felicius and Boxelius on the Roman-Dutch partnership law.  Felicius was an Italian lawyer and Boxelius a Dutch lawyer.

This long neglected source of partnership law was published in 1666 in Gorkum in The Netherlands.  "A significant amount of Roman-Dutch sources of authoritive writers trusted this treatise and referred to it,” said Prof Henning.

The translation of the treatise from corrupted medieval lawyer Latin into English  was done by Prof Boelie Wessels, a very well-known expert on Roman Law and senior lecturer at the UFS Faculty of Law.  Prof Wessels, who  has 15 degrees, spent almost ten years translating the treatise.  The proofreading and editing of the translation was done by Prof Henning and Adv Jaco de Bruin, a senior lecturer at the UFS Faculty of Law.

“We want the South African courts to use Volume 40 in the research series Mededelings van die Sentrum vir Ondernemingsreg/Transactions of the Centre for Business Law as the primary source of reference when cases where Roman-Dutch Law partnership law principles are involved, are ruled on,” said Prof Henning.

The first part of the publication comprises of selected perspectives on the historical significance of the work as well as a translation of selected passages. “The intention is to follow this up expeditiously with the publication of a very limited edition of a complete translation of the work,” said Prof Henning.

A total of 400 copies of the publication will be distributed to all courts, the Appeal Court and the Supreme Court.

Media release
Issued by: Lacea Loader
Media Representative
Tel:   (051) 401-2584
Cell:  083 645 2454
E-mail:  loaderl.stg@mail.uovs.ac.za
21 June 2006

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