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14 March 2019 | Story Opinion Article by Prof Francis Petersen | Photo Sonia Small
Prof Francis Petersen
Prof Francis Petersen, Rector and Vice-Chancellor of the UFS.

2019 is the year of the national general elections in South Africa – 8 May is when South Africans will have an opportunity to vote and to impact change, hopefully for the better.  But the beginning of 2019 saw the resurfacing of student protests, mainly driven by issues of registration, challenges associated with the National Student Financial Aid Scheme (NSFAS), student accommodation, safety of students (off-campus), insourcing, and various other issues influenced by local institutional context.
  
Challenges for university vice-chancellors

Our Constitution promotes protest, but emphasises the peaceful nature thereof, and that it should not infringe on the rights of others or damage property.  However, the protests experienced by the majority of higher-education institutions in South Africa in 2019 was exactly the opposite – disruption of classes, intimidation and victimisation, disrespect and often destruction of property.  A notion or approach of almost entitlement, even if the university management was willing to engage and was constantly open to assess ways and means to resolve these issues.  The drive for these protests was short-term gains, totally divorced from the long-term implications on the institution’s welfare.  This puts the university management under enormous pressure, sometimes feeling exposed and alone in ensuring that the institution remains sustainable – financially, as well as from an infrastructure and human resource perspective.

There is no doubt that the upcoming elections are used for political lobbying, tactical manoeuvring, and undermining to demonstrate political muscle – all playing out on our university campuses and to be managed by university vice-chancellors (VCs) and their executives.

Are universities not the pillars of knowledge in society, the providers of human capital and new knowledge to ‘lubricate’ our economy, the delivery of the next generation of professionals who will shape how our society, or a new South African citizenship should look like?  If this is the case, who are protecting our universities, who is standing with our VCs and university executives to ensure that our universities remain the beacon of hope for generations to come?  What is expected of VCs and university management in situations where there is a continual push for more, and if the response is not positive or immediate, protests, and in most instances violent and criminal behaviour. My personal view is not to securitise or militarise our campuses, but to resolve these issues through continuous engagement – but what if protests becomes violent and criminal?  What if disruptions challenge or threaten students, staff, infrastructure, and the academic project?  Student leaders seem to have forgotten the engagement with university leadership through a principle of ‘give and take’, always balancing short-term wins with the long-term sustainability and growth of the university.

Although universities often have their own internal disciplinary processes, these are slow, and the transgressors are often repeat offenders.  The sanctions are also in many cases restorative – which I believe it should, but to what end?

Help needed to ensure sustainability of universities 

We have seen how weak leadership, corrupt practices, and inadequate government funding have had a detrimental effect on the overall state of universities in the rest of the continent.  This has led to the outflow of excellent academics from the continent to elsewhere on the globe – a loss for the university and the continent!  Universities, although resilient, are also fragile as a system.  The protests associated with the #Rhodes and #FeesMustFall movements, together with the continued protests in 2019, run the risk of putting South African universities on a similar trajectory.  A fragile university system, when broken, will take decades to be restored.

Therefore, if universities are important institutions for society and the country, should there not be more concerted efforts from government and society to ensure that our universities remain strong and competitive? Although I do not offer a specific solution per se, should government, together with university leadership, staff, and students not be more vocal, thinking of a mechanism to curb and/or disallow immediate disruptions and the breakdown of infrastructure, and show visible support to university leadership in an effort to continue the academic project?  Our universities are performing extremely well against global counterparts, keeping in mind the current (and the past 10 years) South African economic growth and investment constraints with respect to infrastructure, research, and high-level scientific equipment – even a more critical argument to protect these national assets.

Academic project remains crucial

I am not for a moment belittling the issues raised by students and student leaderships – in fact, most, if not all of these issues, are legitimate.  I can understand the frustrations of the students – the slow pace of transformation, social integration, and often the lack of urgency in executing agreed decisions within the higher-education sector.  However, I am questioning the type of reaction or action exhibited by the students if, for similar legitimate reasons (through proper engagements), student demands cannot be completely met by university leaders.

In the final analysis, South Africa needs strong universities which are competitive – the country needs appropriate skills to enable and support the economy.  Also, universities need to listen to the student voice – deal with their concerns in a fair and socially-just manner; but as a sector with all its stakeholders, we need to ultimately respect the academic project and the infrastructure (physical and human) which support it.  We cannot afford party-political dynamics to ‘abuse’ the university campus in a way that can destroy the fibre of our higher-education system.  This will be catastrophic for South Africa, and I believe for the continent.

I call on government, voices in society, fellow students, student leadership, and staff to support university management openly, pro-actively and firmly, so that our universities remain places of intellectual engagement and discovery, places where different views are respected and heard, and by ‘jealously guarding’ the institutions as ‘country resources’, responding to all stakeholders’ concerns in a fair and just manner.

It is only then that universities ‘regain’ their rightful place in society, educating the next generation of scholars and professionals, advancing new knowledge, and purposefully disseminate and apply these to society – contributing to ‘lubricating the economy’ and to the betterment of the quality of life of our people! 




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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