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03 April 2018 Photo Valentino Ndaba
Stanley Trapido seminar interrogates being Chinese in SA
Miyanda Simabwachi (PhD student), Prof Karen Harris (guest speaker), Eleanor Born-Swart (PhD student), and Prof Neil Roos of the International Studies Group at the Stanley Trapido seminar.

Speaking at the Stanley Trapido seminar hosted by the International Studies Group, Prof Karen Harris from the University of Pretoria’s Department of Historical and Heritage, underscored how South Africa-born Chinese (SABCs) have historically been relegated to the periphery of South African society as far as access to opportunities is concerned. She presented a paper titled: “BEE-ing Chinese in South Africa: Black not White?” at the second seminar in the annual series on Monday 19 March 2018 at the Bloemfontein Campus of the University of the Free State (UFS).

“Chinese are not black enough under the new government and were not white enough under the old government,” said Prof Harris who specialises in the field of overseas Chinese studies as well as heritage tourism. Her paper focused on how this miniscule population group suffered discrimination under segregation and apartheid, and has continued to experience systematic discrimination in relation to education, employment, ownership of property, trading business and voting rights, separate amenities, freedom of movement and marriage, over a period of three centuries.

Prof Harris argued that the manner in which Chinese were treated pre-1994 is similar in the democratic dispensation. “They still have no rights and no place in the broader South African society.”

To drive her point home, Prof Harris made reference to legislations, namely the Broad Based Black Economic Empowerment and the Employment Equity acts. These laws were an attempt to promote equity and fairness in the labour market and trade, to give members of society who were discriminated against access to employment opportunities across the board post-apartheid. However, the discord ensued when the Chinese discovered that they were not accommodated in this deal, despite being categorised as previously disadvantaged.

Passive resistance towards these injustices reached an apex during a 2008 High Court case which led to 18 June being declared Dignity Day by SABCs. Prof Harris recounts this history as follows: “On 18 June we have the Chinese locals being declared black by Judge Cynthia Pretorius. It was claimed that according to the decision the Chinese fell in the definition of black people in the constitution, allowing them to now enjoy the full benefits of black economic empowerment.”

These prestigious annual seminars serve to honour the life and work of Stanley Trapido – a leading South African historian and Oxford University lecturer. Trapido’s personal library was donated to UFS on his death.

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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