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International and UFS scholars convene in pursuit of social justice

05 December 2019 | Story Valentino Ndaba | Photo Stephen Collett

Justice read more — Social justice is the promotion of just societies and treatment of individuals and communities based on the belief that we each possess an innate human dignity.

The power of research lies in the possibility to move from theory to practical outcomes that can change society for the better in some way. In essence, scholars have the ability to create the future in collaboration with government and civil society. At a recent international colloquium hosted by the University of the Free State (UFS) South African Research Chairs Initiative (SARChI) programme, researchers deliberated on social justice issues and possible resolutions.

Delegates from institutions across the UK, Zimbabwe, and Sweden presented findings from studies conducted around the world under the theme ‘Making Epistemic Justice: An international colloquium on narrative capabilities and participatory research’. The UFS SARChI Chair in Higher Education and Human Development Research Programme, under the leadership of Professor Melanie Walker hosted the colloquium from 21-22 November in Bloemfontein.

The importance of psychological liberation

In her welcoming address, Prof Walker quoted the late Black Consciousness activist, Steve Biko, who anticipated many of the current debates on epistemic power and exclusions when he wrote that “the most potent weapon in the hands of the oppressor is the mind of the oppressed”.

Prof Walker reiterated that epistemic justice matters, as affirmed by Kenyan writer, Ngũgĩ wa Thiong’o who in 1981 stated that, “colonialism imposed its control over social production of wealth through military conquest and subsequent political dictatorships. But its most important area of domination was the mental universe of the colonised, the control through culture, how people perceive themselves, and their relationship to the world”.

The relationship between storytelling and social justice

Dr Holly Henderson from the University of Nottingham in the UK was the first speaker to make a presentation, titled ‘Resisting the narrative conclusion in educational research’. According to Henderson, storytelling is an essential part of the long road to social justice.

Henderson’s keen interest in the complexity of the narrative developed when she started working in further education many years ago. A significant part of her research focuses on the concept of ‘possible self’ which requires the art of storytelling in order to come to life. A study she conducted on university students delved deeper into this concept and found that environment plays a major role in the way individuals perceive the future.

“The more detailed you imagine something, the more likely you are to achieve it,” said Henderson. However, the correct structures enable the future to be imagined. Hence, curriculum decolonisation, equal access to quality education, and social justice become all the more important in achieving future success among students globally.

The art of activism and advocacy

The joint work of Dr Faith Mkwananzi from the UFS and Dr Tendayi Marovah from the Midlands State University in Zimbabwe looked at street art, otherwise known as graffiti, as a way to foster epistemic justice and collective capabilities among marginalised youth.

According to Marovah, storytelling using art gives a voice to the voiceless and assigns dignity to the excluded. “Narrative offers an opportunity in which the unheard and unseen are heard and seen.”

Delegates of the colloquium unanimously agreed that researchers are in the business of providing much-needed direction on how to stop discrimination, challenging unjust government policies and the abuse of power, promoting peace instead of violence, eradicating poverty, opening access to quality education among other social justice issues. Therefore unity in research diversity provides fertile ground for manifesting social justice.

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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