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02 May 2019 | Story Xolisa Mnukwa
UFS Debate Society
The UFS Debate Society led by example at the 2019 Jozi Rumble.

After competing in the Jozi Rumble final for six consecutive years, the UFS Debate Society won the competition – Africa’s largest intercollegiate debate open – for the second consecutive year. The tournament took place at the University of the Witwatersrand (Wits) in April 2019.

After seven preliminary rounds, three UFS teams out of a total of 100 competing teams overall were placed in the top 16, earning them a place in the quarterfinals – where they faced each other. A composite team of UFS LLB graduate and LLM student, Lehakoe Masedi, and a partner from Wits beat all teams, qualified for the final themed ‘This house regrets the glorification of opulence in popular culture’, and won the league.

“It was one of the most validating moments of my entire debating career; everybody wants to win the Jozi Rumble, and to have done it and to be the best speaker is truly amazing,” said Lehakoe. The top-ranking speaker at the tournament added that she had been working hard, and that she is glad that her efforts are coming full circle.

The UFS sent six teams overall to the tournament, including two novice teams competing in their first-ever intercollegiate debate tournament. 

“Speaking at the Jozi Rumble debate tournament for the first time was truly an educational experience; it exposed me to the dynamics of varsity-level debating,” said Simphiwe Yana, debater in of the UFS novice teams.

The UFS speaking squad consisted of Lehakoe Masedi, 2018 Abe Bailey Bursary victor and Rhodes scholarship recipient Nkahiseng Ralepeli, Khotso Khokho, Siyanda Rixana, Morena Moabi, Simphiwe Yana, Luvuyo Shoco, Asemahle Noholoza, and Nontobeko Msimangu. Former Chairperson of the UFS Debate Society and Editor-in-Chief of the IRAWA newspaper, Tshiamo Malatji, was also present at the tournament as the Tabulation Director. 

On 11 May 2019, the UFS will travel to the University of Pretoria to defend yet another debate open title at the Pretoria Parlay Intervarsity. 


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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