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18 October 2019 | Story Thabo Kessah | Photo Tshepo Moeketsi
Prof Pearl Sithole
Prof Pearl Sithole says higher education needs to create space for Africa to be contributors and innovators of knowledge.

“Excellence is my main priority. For me, excellence means mastery of cross-communicable science and liberation of intellectual creativity that is free of mere complacency and acknowledging the right to analyse from where we stand. I am unapologetic about indigenous knowledge being the basis for scientific advancement.” This is how the newly appointed Vice-Principal: Academic and Research, Prof Pearl Sithole, sums up her vision and plan for academia and research on the Qwaqwa Campus. 

She believes that the human mind is geared towards ‘seeking and constantly explaining itself in the service of innovative change.’ 

“With this service of innovative change fully realised, the Qwaqwa Campus will be able to produce students who can analyse, innovate, and solve real social and world problems. For me, this is the University of the Free State graduate I pine to see – and there had better be truth to the ‘free’ part of this intellectual soul! I see Qwaqwa as a site for this intellectual innovation catalyst,” she said.

Social anthropologist

Prof Sithole is a Social Anthropology graduate with both master’s and PhD degrees from the University of Cambridge in England. “I stumbled upon Anthropology as part of my three majors at the then University of Durban-Westville. This discipline confessed its previous conceptual sins in a way that inspired change! From the exploration of human origins, to economic and political developments, and that was Anthropology. I was just absolutely taken by its acknowledgement of the intellectual project being socio-culturally rooted,” she said about her chosen area of study.

“I have always been inspired by Archie Mafeje’s work. I was motivated by Bernard Magubane’s scholarship, and I marvelled at the rigour of Oyeronke Oyewumi and Marilyn Strathern in feminist discourse. I mention these, because they inspire intellectual passion in me and I eventually met them,” she added.

Higher education in SA

She believes the higher-education sector is succumbing to streamlining methods, uninformed processes, and very little impact. “Like in government, higher education should not suffer from reduction of people into statistics, interventions into annual performance plan targets, and planning and monitoring into sanitised expenditure against targets. I see the shortage of relevance, responsiveness, and humanness; as well as ‘being captured’ by the latest fashions of doing rigid academe as the major challenges of higher education in South Africa today. We need to liberate our own innovative potential. We really need to create space for Africa to be contributors and innovators of knowledge,” Prof Sithole, the author of Unequal Peers, said.

She is, however, optimistic about the future of higher education in South Africa. “The day that we will have our innovation systems and systems of defining excellence – liberated from merely kneeling before the altar of Westernisation – we will gain integrity both conceptually and instrumentally in terms of responding to a society that is waiting for higher education to solve societal problems. The solution is to let those who see this truth continue to produce the knowledge despite being less than pleasing to the average scientific oversight bodies steeped in conventional Western validation.”

Research interests

Prof Sithole was previously employed with the Public Service Commission as a commissioner, a position she held from 2015 to August 2019. Prior to that, she worked at the University of KwaZulu-Natal as an Associate Professor of Community Development from 2010 to 2015, and at the South African Human Sciences Research Council (HSRC) as a senior researcher from 2006 to 2010. Her research interests and areas of expertise are governance, gender and development, analysis of social inequality, and the politics of knowledge production.


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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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