Latest News Archive

Please select Category, Year, and then Month to display items
Previous Archive
02 May 2018 Photo Charl Devenish
South Campus UAP celebrates 27 years of access to education
Mr Francois Marais, Prof Kalie Strydom, Prof Daniella Coetzee (South Campus Principal), Prof Francis Petersen, Dr Nthabeleng Rammile (Vice-Chairperson of the UFS Council), and Dr Khotso Mokhele (Chancellor of the UFS).

More than 27 years ago, international funding from the Human Sciences Research Council and Anglo American was put to an unusual use for that time. Prof Kalie Strydom’s research unit at the University of the Free State (UFS) was tasked with reviewing how institutional missions would change in the new South Africa. Prof Strydom worked closely with surrounding communities in Bloemfontein to develop a bridging course which would help students who showed potential to access tertiary education, although they did not meet the requirements. His vision brought to birth the University Access Programme (UAP), as it is known today, which is hosted on the UFS South Campus, and is still providing unique access to higher-education institutions in South Africa.

People with a passion for human development
March 2018 saw the 27th anniversary of this remarkable initiative, which has given a second chance to over 18 000 students. Special guests at the event included Prof Strydom, Mr Francois Marais, and representatives from the Department of Higher Education and Training and Investec’s corporate social investment office.

Dr Sonja Loots, researcher in the UFS Centre for Teaching and Learning (CTL), singled out two key individuals in the formation of the UAP: Prof Kalie Strydom, who initiated the programme, and Mr Marais, who has been Director of the UAP since its inception. Dr Loots highlighted one of the driving forces behind Prof Strydom’s perseverance, vision, and determination with the UAP by quoting from an interview with him for an upcoming book on student access and success. He said, “It was a decision based on principle … to be part of the solution to a better country.”

Access and success still an issue today
In his presentation on the “Importance of Access”, Prof Francis Petersen, Rector and Vice-Chancellor of the UFS, pointed out the vital role of access in South Africa, especially the value it offers for the betterment of the country’s people. However, he said that student success is also an issue, and institutions need to be accountable for it. Quoting Prof John Martin of the University of Cape Town’s Faculty of Engineering, “We must be flexible on access, but robust on success.” Only by “closing the loop” in this way, can the UFS and other higher-education institutions ensure a valuable contribution to the economy of the country.

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