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07 August 2019 | Story Charlene Stanley | Photo Stephen Collett
Prof Francis Petersen, Prof Puleng LenkaBula, William Bulwane and Min Thoko Didiza
Prof Francis Petersen, UFS Rector and Vice-Chancellor; Prof Puleng LenkaBula, Vice-Rector: Institutional Change, Student Affairs, and Community Engagement; Mr Kwekwe William Bulwane, Free State MEC for Agriculture and Rural Development; and Ms Thoko Didiza, Minister of Agriculture, Land Reform and Rural Development, who presented the 2019 Charlotte Maxeke public lecture.

“This work is not for yourselves. Kill that spirit of self. Do not live above your people. Live with them.” 
These famous words by Charlotte Maxeke, one of South Africa’s leading academic and social pioneers, formed the thrust of Minister Thoko Didiza's public lecture in a packed Equitas Auditorium on the UFS Bloemfontein Campus, three days before South Africans celebrate Woman’s Day.

The Agriculture, Land Reform and Rural Development Minister urged her audience to heed the “rich lessons this remarkable woman holds for our generation today”, in a lecture with the topic: Feminist Leadership, Intergenerational Dialogue on Knowledge, Agriculture and Sustainable Futures.

Educational pioneer

Referring to Maxeke’s many academic and cultural achievements, Minister Didiza pointed out that, “Her educational achievements did not make her see her fellow Africans any differently. It made her want to change their lives for the better.”
She called Maxeke a “true feminist, with an inclusive vision to fight for the betterment of all South Africans”.

This was echoed by Prof Francis Petersen, UFS Rector and Vice-Chancellor, in his welcoming address. He singled out the fact that Maxeke used to spend long hours tutoring her less skilled classmates while still at school.
“This wonderful example of using your own knowledge to make a real impact in the lives of others, is something we at the University of the Free State truly salute,” he said.  

Women’s conversation on land

On the topic of land reform, Minister Didiza referred to the fact that countries all over the world were involved in a ‘continuous process’ of land reform. She appealed to all South Africans to get involved in dialogues around the land issue.
“I know the pain and the cries of African people when it relates to land. But I don’t hear the cries and concerns of our white compatriots. Because until we understand each other’s pain, we will never be able to navigate the future.”
Minister Didiza then called for a ‘women’s conversation on land’, as she believed women to be ‘calmer’ than men and more inclined to collaborate with and listen to one another on an issue that is vital to all South African communities. 

Knowledge should lead to action

Minister Didiza said she believed universities had an important role to play in “gaining collective knowledge to solve problems”, and that agriculture should be a key focus area here – “benefitting from innovations in other sectors”.
“We need to urgently revitalise agriculture to once again bring glory to the Free State,” she said.
 “Knowledge means nothing if not translated into action and solutions for the problems we face in South Africa,” she concluded.

The Charlotte Maxeke lecture has been presented annually since 2009. Previous speakers include Minister Angie Motshekga, Prof Hlengiwe Mkhize and Dr Frene Ginwala.
 
Who was Charlotte Maxeke?

The CMM Institute describes her in this way:
“Charlotte Mannya-Maxeke (1871–1919) was a pioneering South African woman who was passionate about inclusivity, education and evangelism. She grasped every opportunity presented to her and accomplished many notable firsts during her lifetime.”
These ‘firsts’ include:
- being the first black woman in South Africa to obtain a BSc degree (at Wilberforce University in the United States of America in 1901);
- being the first woman to participate in the King’s Courts under King Sabata Dalindyebo of the AbaThembu;
- being the first African woman to establish a school (in Evaton, with her husband, in 1908);
- being the only woman who attended and contributed to the first African National Congress (ANC) conference in 1912; and
- being the co-initiator, organiser, and first President of the Bantu Women’s League, founded in 1918.

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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