Latest News Archive

Please select Category, Year, and then Month to display items
Previous Archive
07 March 2018 Photo Xolisa Mnukwa
UJ to benchmark Kovsie CUADS operational services
UJ Disability unit delegates Alban Burke and Leila Abdul Gafoor join UFS CUADS Assistant director, Martie Miranda and Dean of Student Affairs, Pura Mgolombane for a discussion on the operative aspects of the UFS Center for Universal Access and Disability Support.

The University of Johannesburg (UJ) Psychological Services and Career Development Department is looking to enhance the quality of services provided by its disability unit. Team leader of the Psychological Services division at (PsCAD): Leila Abdul Gafoor said University of the Free State (UFS) was on its list of targets when it boiled down to possibly benchmarking and sharing the Center for universal access and disability support (CUADS) service structures and operational procedures that could aid a more pleasant and complete university experience for students with disabilities at UJ.

Director of PysCad at UJ, Alban Burke, considered one of the strengths of his department to be its ability to serve as a hot-stop for their students with academic opportunities that could assist them financially, psychologically, intellectually and perceptually. He did, however, point out that one of their main challenges lies in their difficulty sourcing capital and resources that are exclusive to the disability unit within his department which is very expensive to operate and sustain. 

Dean of Student Affairs, Pura Mgolombane, started his response to PysCad delegates with the question: “Which strategies should be operationalised in order to cater for the core needs of students?” He said the strategy should inform the operational structure that a university employs. Thus, the strategy should centre universal access as the Integrated Transformation Plan (ITP) intended it, and in that way the structure would need to support the notion of universal access; and therefore address student needs. The UFS is currently undergoing a phase of integrated transformation which Mgolombane explained which among other things, demanded avid preparations towards ensuring that universal access was prioritised. 

Martie Miranda, Assistant Director for CUADS, clarifies that CUADS considered repositioning its office beneath academics due to a majority of their occupational services comprising of academic support for students with disabilities. However, due to Student Affairs’ newly developed “humanising strategic model” the centre remained put as they are being afforded efficient opportunity to change mindsets, and create an institutional culture which endorses the humanising of students with disabilities as well.

Mgolombane said in order for an institution to deliver sufficient universal access, students’ needs and experiences had to be considered and prioritised from conception. The planning and future implementation should not serve as an afterthought when allocating financial, human, physical and other resources to the various university environments. 

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

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