Latest News Archive

Please select Category, Year, and then Month to display items
Previous Archive
18 March 2019 | Story Rulanzen Martin | Photo Rulanzen Martin
Rapport Regstreeks
From the left: Dr Ina Gouws, Dr Sethulego Matebesi, Dr Ebrahim Fakir, and Waldimar Pelser, who facilitated the panel discussion on the upcoming national elections.

Since the national elections of 2014 five years ago, several issues have occurred that could have an impact on the upcoming elections. A panel consisting of Dr Ina Gouws from the Department of Governance and Political Transformation, Dr Sethulego Matebesi from the Department of Sociology – both at the University of the Free State (UFS), and Dr Ebrahim Fakir from Governance Institutions and Processes at the Electoral Institute for Sustainable Democracy in Africa, talked about these and other issues.

The panel discussion, facilitated by Waldimar Pelser, editor of Rapport, took place at the UFS on 8 March 2019. Rapport Regstreeks is presented by kykNET and Rapport.

Three factors that can handicap ruling party

“Does the ruling party have anything to be worried about?” Pelser asked, getting straight to the point. “Yes. The ruling party has a lot to be worried about. The reason for this is that voter participation has declined; secondly, there is definitely a management problem which resulted in a credibility crisis in the government; and lastly, the ANC is trying to keep people together who do not believe in the same issues,” Dr Fakir was the first to reply.

The issues mentioned by Dr Fakir have been a problem before. “Since 2016 there has been a lot of division within the ANC,” Dr Gouws said. “These divisions can have a huge impact on the outcome of the election. The divisions were exposed even more by the Nenegate situation, and the ANC could no longer manage it."

The fact that the ANC lost control over four of the major metros in the 2016 local elections must be worrying to them.

Zondo Commission and opposition parties

The Zondo Commission, with its appalling revelations has uncovered the magnitude of state capture and the shocking testimonies that have emerged, could possibly hamper the ANC in the elections. “Political parties have supporters, regardless of internal problems. Loyal party members will still vote for their parties,” said Dr Matebesi. “The promise of RDP houses before an election is the bread and butter of many voters; therefore, they will vote ANC again.”

With the rise of the Economic Freedom Fighters (EFF), the support base of the ANC has also dwindled. “If there is one party with a colonial mentality, it is the EFF. They are undermining democracy, thrive on divisions in society and exploit them,” said Dr Fakir. “They jump in on many issues for their own gain,” Dr Gouws added.

As for the Democratic Alliance (DA), Dr Gouws said its governance is ‘fantastic’ compared to the ANC, although not always 100%. “Problems were however highlighted – it is not 100% and I think they should attend to the problems.”

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

We use cookies to make interactions with our websites and services easy and meaningful. To better understand how they are used, read more about the UFS cookie policy. By continuing to use this site you are giving us your consent to do this.

Accept