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28 May 2019 Photo Charl Devenish
UFS Africa celebration
I am not African because I was born in Africa, but because Africa was born in me,” Kwame Nkrumah, Ghana’s first president, and a founding father of the African Union.

Since the African Union’s establishment in 1963, the continent marks Africa Day on 25 May annually. To commemorate the achievements made by African leaders 56 years ago to decolonise the continent and pave the way for a united front on the global stage, the University of the Free State (UFS) hosts various events.

Ubuntu our beginning, ubuntu our ending 

The university celebrated Africa Day a day early this year. The Office for International Affairs coordinated the 2019 Africa Day Reflection and Celebration on 24 May 2019 at the Bloemfontein Campus. A dialogue session delved into the question of what ubuntu has evolved to mean in modern-day society and how best it can be embodied.

Moderator of the dialogue, Ace Moloi, reckoned that “we have a right not only to give ubuntu but to demand and invoke it from other people.” Staff, students and panellists engaged on the aphorism umuntu ngumuntu ngabantu and whether the philosophical principle is a pragmatic way of doing things or is only referred to when self-correcting.

Prof Colin Chasi, from the UFS Department of Communication Science, touched on how ubuntu is embedded in many Nguni languages. A case in point being the implied presence and connectivity typical found in indigenous language greetings. Other panellists including Prof Karin van Marle( Public Law lecturer at the UFS), Thapelo Mokoatsi,History lecturer at the UFS and Matau Setshase, UFS researcher, made contributions on decolonisation, individual identity, reconciliation, social issues, and traditional healers. The consensus reached was that a lot work still needs to be done in understanding and living the values represented by ubuntu.

Qwaqwa Campus Celebration

The Office for International Affairs (OIA) also hosted the first Annual Africa Day Student Dialogue on the Qwaqwa Campus under the theme: Health, Wellbeing, Access, Social inclusion, Equity and Equality on the African continent.

Africa Day Memorial Lecture

Presenting the 2019 Africa Day Memorial Lecture, Prof Francis Nyamnjoh, from University of Cape Town, delved into the topic of Ubuntuism and Africa: Actualised, Misappropriated, Endangered and Reappraised. “I seek to give currency to concepts such African communitarianism, ubuntu, Africanness, Afrocentricity, Afrocentrism, Africanity, Afrikology, humanness, wholeness and reciprocal altruism,” he said.

Hosted by the Centre for Gender and Africa Studies on 22 May 2019 the annual lecture is a calendar constant which reflects on the importance of celebrating the continent and its people.
 
Migration debate unpacked borders 

The UFS Debate Society reflected on borders and migration in Southern Africa on 21 May 2019. The debate unpacked the topic: The Southern African Development Community should develop a free internal migration policy. 

Lecturers also delivered presentations that dissected African societies, the nine frontier wars between the British and amaXhosa that formed South Africa’s borders, and the influence of labour and capital on migration. In closing, African international students shared their lived experiences, hardships and triumphs within the continent.

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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