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Dr Tshepo Moloi Gille de Vlieg Prof Monique Marks Zama Khanyesa read more
Dr Tshepo Moloi (far left) with some of the panellists during the Cosas Colloquium: Gille de Vlieg, Prof Monique Marks, and Zama Khanyesa (Cosas President, 2015-2017).

They came from near and far; the attendees were both from the founding and the contemporary generation – up to the current President, John Macheke. This was reflected in the guest and speaker lists of the colloquium, which was hosted by the Qwaqwa Campus Faculty of the Humanities and the TK Mopeli Library to celebrate the 40th anniversary of the Congress of South African Students (Cosas).

Acknowledging Cosas pioneers

“The two-day colloquium was aimed at enabling all Cosas generations to engage meaningfully, while highlighting the role of its leaders in the struggle for a democratic system of education and country,” said the organiser, Dr Tshepo Moloi from the Department of History.

“We must appreciate the founders of Cosas, as they have not been adequately acknowledged in the democratic dispensation. The organisation fought many battles – one of which was to enable many of us to finally register at institutions of higher learning when it was not as fashionable as it is now,” said Patrick Letsatsi from the Department of Sports, Arts and Culture (DSAC). 

Letsatsi also expressed the DSAC’s mission of facilitating such dialogues on matters of national interest. “Talking enables us to see that burning a library when we need a road is not the right way of dealing with matters,” he said.

Limited research on Cosas

On the academic research front, it is clear that minimal work has been done to reflect on the role played by Cosas over the years. “There is limited scholarly research on Cosas,” said Prof Noor Nieftagodien, the Head of the History Workshop at the University of the Witwatersrand.

“Despite this, we know for a fact that the founding members of Cosas found themselves under serious threat from the state. They were detained almost immediately after its formation in 1979, yet the organisation continued to produce leaders who not only played a pivotal role in the underground movement and formation of youth congresses and trade unions, but also in the shaping of our democratic state,” he argued.

The colloquium also featured Prof Monique Marks, who spoke at length about Cosas in the 1980s and the 1990s. There was also a presentation and photo exhibition by veteran anti-apartheid activist and former member of the Black Sash, Gille de Vlieg, whose photographs back then were inspired by the energy of the students. Other panellists were, among others, founding members Oupa Masuku, Vusi Gqoba, Super Moloi, Titi Mthenjane, and former Free State MEC, Oupa Khoabane.  

The colloquium was hosted in partnership with the national Department of Sports, Arts and Culture and the National Institute for the Humanities and Social Sciences (NIHSS).

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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