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06 May 2019 | Story Prof Francis Petersen | Photo Sonia Small
Prof Petersen opinion piece
Prof Francis Petersen is Rector and Vice-Chancellor of the University of the Free State.

OPINION ARTICLE BY PROF FRANCIS PETERSEN, UFS RECTOR AND VICE-CHANCELLOR



The youth must vote, and political patronising must fall; or else our calls for young people to exercise their hard-won right to vote, will continue to be ignored.

South Africa’s youth does not have a culture of voting. And it is getting worse – that much is clear from statistics.

Earlier this year, the Electoral Commission of South Africa indicated that young people aged 18-19 make up only 16% of the voters’ roll. This is a sharp decline from the 34% in the 2014 national elections.

Those who do register to vote, often decide in the end not to cast their ballots. For example, in the 2016 local government elections, only 50% of registered voters aged 20 to 39 showed up at the polls on voting day.

Apathy vs disillusionment

Is it because young people simply do not care about the future of our country?

I would be very surprised if this was the case – as it simply does not line up with my experiences with the majority of students on the three campuses of the University of the Free State (UFS). What I often encounter, is young people who are keen to make a difference in society, but who are sceptical to do it via political means.

Studies done by the Institute for Security Studies and others seem to support this, concluding that young people have high expectations of politics and democracy, but find party politics confusing and alienating.  From their youthful vantage point, they seem to cut through the rhetoric quite easily, and quickly see when the promises and actions of politicians do not line up.

This leads understandably to young people who have very low levels of trust in political leaders. They also feel increasingly alienated by government’s lack of responsiveness to their needs, poor service delivery, and corruption.

It does not seem to point to apathy, but rather that young voters are using non-voting to protest a political climate where they feel they are not being heard.

Young people have shown signs of dissatisfaction with the currently available choices of political parties – making it more and more difficult to attract them to vote for political parties they cannot relate to.

Protest more effective

And why should they vote? Young South Africans have found that they often accomplish more through protest than through participation. The 2015-2016 #RhodesMustFall and #FeesMustFall movements bear stark evidence of this, where a concerted, coercive student effort seems to have forced the hand of government where traditional communication channels failed.

It is a dangerous situation when established systems of governance are circumvented and replaced with more radical means, simply because quicker and better results are obtained in this way.

The all-important youth voice

The bottom line is that we need our youth to become involved in order to be an effective democracy. Effective governance requires participation, and a low voter turnout weakens the quality of a democracy.

South Africa has one of the youngest populations in the world. More than 58% of our population is under the age of 30 years. This translates into a significant voter block that simply cannot be ignored.

By exercising their considerable voting power, young people can ensure that issues they deem relevant and important are prioritised.

Advances in technology and connectivity mean our youth are probably more equipped to make informed decisions than any generation before them. But somehow, all this access to information, opinions, and analysis is still not motivating them to take action by voting.

The challenge remains to provide them with political-party options that they can identify with, that actively promote issues of importance to them, and that follow through on promises with real action.

Creating responsible citizens

Our institutions of higher education are doing what we can to produce not only well-equipped, employable workers, but also good, responsible citizens.

At the UFS, we have a renewed focus on providing a safe space where openness, tolerance, diversity, and inclusivity are actively promoted. In April, we celebrated Social Justice Week through a range of events and activities aimed not only at sensitising our student population to social-justice issues, but also giving them an opportunity to actively participate in promoting it on various platforms.

Through our Free State Centre for Human Rights, the UFS is also compiling a set of guidelines for protests and political activities, making sure there is an ever-present human-rights foundation guiding the actions of and consequences for protesting students, non-protesting students, and security staff.

We train and appoint Human Rights ambassadors in our hostels to help establish mutual tolerance, non-discrimination, and transformation in on-campus living spaces.

Our Office for Student Leadership Development offers initiatives such as selective leadership programmes that cater for high-achieving student leaders who show potential.

We want to develop effective, agile, and inclusive student leaders. And, we want to equip them to become part of a new generation of responsible, forward-thinking, and innovative national leaders. If they cannot find a suitable political home that matches their expectations, they should have the skills and drive to create their own.

Yes – it is time for young people to vote.

But it is also time for our current elected leaders to take them seriously, and to really listen to the concerns of our youth.

If they don’t, we can in all probability expect more protest initiatives, perhaps of an increasingly violent and destructive nature. Moving further and further away from a healthy democracy and edging closer and closer towards anarchy.

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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