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25 November 2019 | Story Prof Francis Petersen | Photo Sonia Small
Prof Francis Petersen
Prof Francis Petersen.

The international awareness campaign on 16 Days of Activism against Gender-Based Violence which is taking place from 25 November to 10 December 2019 provides an appropriate opportunity for higher-education institutions to reflect on a crucial issue that is touching the lives of so many women – including students and staff members – across the country, and the world. 

2019 has certainly been another challenging year when it comes to violence in general, and then specifically, gender-based violence in higher education.

It was marked by two traumatic incidents: The rape and murder of Media and Film Studies student at the University of Cape Town (UCT), Uyinene Mrwetyana; and the murder of University of the Western Cape (UWC) student, Jesse Hess. 

These horrific happenings were painful reminders of the pervasive nature of misogyny and patriarchal violence that impedes the freedom of women in South Africa.

As in the rest of the country, students, staff members, and stakeholders of the University of the Free State (UFS) showed up en masse in response, dressed in black to demonstrate their outrage at gender-based violence during a silent march on our Bloemfontein Campus in September. The sincerity and fervour of the marchers – women and men – was inspiring. 

More than symbolism needed

But the question is: Are these symbolic gestures enough? Should we not be doing more?

Abuse is a very physical act – often with dire, physical consequences.

Apart from all the discussions, demonstrations, and denouncements, is there not something we can do to physically fight this scourge? 

It is significant that demonstrators across the country were wearing black. Traditionally, this is the colour of mourning and loss. It symbolises not only the loss of life and opportunity that these incidents have caused, but also the loss of trust, innocence, and carefreeness for the wider community and potential victims everywhere.

There was a sad irony in seeing so many young people in mourning mode. After all, one’s study years are supposed to be some of your happiest years. It is a heart-breaking reality that gender-based violence can turn it into your most traumatic.

Powerful influencers: Good and bad

The post-school years is traditionally the time when young people often resolve not only what they want to become – in terms of career options – but also who they want to become. It is a time to sort out your approach to life and to other people and finding your own place in it. A time to determine your own values – the things that form the bedrock of who you are. Too often they fall back on the imperfect role models found in their communities and in celebrity circles, where violence and selfish interests are elevated.

How can we break this cycle of bad influences resulting in violence and abuse? How can we interrupt the process of elevating patriarchal and misogynistic role models?

I have often said that a university or any other institution of higher learning should be a microcosm of what our society should look like. Not because it is perfect and never makes mistakes, but because it is founded on principles of equality, tolerance, excellence, diversity, community upliftment, and forward-thinking – striving for social justice in everything that it does.

While students are on our campuses, we have a unique window of opportunity to influence and guide these young people at a time when they make crucial decisions about the rest of their lives. 

And to really play our part as positive influencers, we should give them more than just theory, rhetoric, abstract ideas, and symbolism. We should give them deliberate acts of caring.

Deliberate acts of caring

Two stories transpired at the UFS this year that reminded me of the powerful effect these deliberate acts of caring can have.  

Story 1: A second-year BA Journalism student, Precious Lesupi, decided to use her 21st birthday celebrations as an opportunity to give back to the communities around her. Not only did she spend the day with children at the Sunflower Children’s Hospice in Bloemfontein who are afflicted with life-threatening and life-limiting conditions. She also encouraged friends and relatives not to buy her gifts, but to rather make donations towards children battling terminal and chronic illnesses.

Story 2: A lecturer in our Department of Architecture, Hein Raubenheimer, reached out to a colleague who had just acquired a plot of land in an informal settlement. He got other lecturers and students involved by initiating an interdisciplinary research project and a building-supplies donation drive, in order to build a beautiful, eco-friendly home for his grateful colleague.   

These two Kovsies did not stop at just talking about solutions. They got physically involved – through deliberate acts of caring, and in the process, they powerfully counter-acted the devastating impact of abuse and neglect we have become so used to. 

Getting involved

It is an approach that can extend so much further than just interpersonal relationships.
On a community level, it can culminate in an attitude of looking out for one another’s interests. The practical outflow of this is that people will get involved when they see someone caught up in an unhealthy relationship, venturing into a dangerous area or being harmed in some way. Because they truly care about one another. It is about reaching out and arming one another – not only with information and encouragement, but also with physical support.

The power of caring communities

In the words of American author and organisational behaviour expert, Margaret J. Wheatley: “There is no power for change greater than a community discovering what it cares about.”

I believe that our response to the flood of violence and indifference that threatens to engulf our higher-education campuses, should be to fight it with a renewed sense of ubuntu – transpiring into real, deliberate acts of caring and kindness.


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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