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Qwaqwa Campus students march for safety and improved social services
Phuthaditjhaba Station Commander,Brigadier Matsoso Mohloare; Department of Justice and Constitutional Development’s Advocate Frans Dlamini; and Lerato Seekane from the Private Accommodation Providers Association signing a memorandum from Sakhile Mnguni.

Hundreds of students and staff from the University of the Free State’s Qwaqwa Campus recently marched to the Phuthaditjhaba South African Police Service to highlight their unhappiness about lack of safety and other services provided by various stakeholders in Qwaqwa.

“Our students have experienced continuous harassment, rape, burglaries, assaults, intimidation, and related unacceptable behaviours from criminal elements in the community and in government departments,” said SRC President, Sakhile Mnguni, reading from the memorandum of demands. “The SAPS, Departments of Health and Justice and Constitutional Development, as well as Maluti-a-Phofung Local Municipality are the biggest perpetrators. We demand visible policing where most of our commuter students reside, and on the main road. We also demand that the SAPS will take previously reported cases seriously and investigate them thoroughly. From the Department of Health, we demand abolishment of tribalism in the offering of services and that staff must acknowledge that they serve the entire community.”

Mnguni said the students demanded that the Department of Justice and Constitutional Development should work closely with the SAPS to ensure that all cases are quickly resolved. “Cases take forever to be resolved and all we get is a case number, but no progress,” he said. “From Maluti-a-Phofung Municipality, we demand basics such as water and electricity. The municipality must cater for the needs of students who reside within the municipality; for example, we need street and high-mast lights and maintenance thereof, as it is very dark, especially between campus and Phuthaditjhaba.”

Private accommodation service providers were not spared the rod. “Landlords must be held accountable for the goods stolen and damaged within their premises. They must put the necessary safety measures in place and meet the standards for accreditation by the university’s Housing and Residence Affairs (HRA). They must also reduce unreasonable rental amounts,” he added.

Representatives from the relevant institutions and departments signed and received the memorandum and were given seven days to respond.

The march was the highlight of the Safety Week activities which included the distribution of whistles and talks on criminality and the consequences thereof. It was a collaborative effort by the SRC, Protection Services, and Student Affairs. 

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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