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10 September 2019 | Story Leonie Bolleurs | Photo Leonie Bolleurs
student dialogue
Dialogues presented by the Office for International Affairs provide a safe space for people to voice their opinions, to learn, and to engage. Here are, from the left: Montsi Ramonaheng, third-year BSc student majoring in Biochemistry and Genetics; Lebohang Lesenyeno, third-year LLB student; Motsaathebe Serekoane, Lecturer in Anthropology; and Bulelwa Moikwatlhai from the Office for International Affairs.

Will the creation of one African country solve the problem of xenophobia? 

This was the question raised at a recent dialogue session on the University of the Free State Bloemfontein Campus.

Most attendees believed the concept of ‘one Africa’ implied that only one language and one dominant culture would be needed – resulting in the spirit of multiculturalism ceasing to exist. When one speaks of a united Africa, it means that the continent recognises the diversity of its cultures and embraces these diversities. It was concluded that one Africa was not a solution to ending xenophobia.

Awareness of xenophobia from a human rights perspective

The Office for International Affairs hosted the two-dialogue series aimed at addressing an array of social issues such as xenophobia, cultural appropriation, and xenocentrism. They wanted to demonstrate the influence these issues have – not only on the mindsets of individuals, but also on how it can contribute towards the development of an unjust society devoid of embracing difference.

The first session was titled: Burn the Phobia, with the theme: ‘We are all foreigners somewhere’. The aim of this dialogue was to create awareness of xenophobia from a human rights perspective. 

Recently, a second dialogue session was presented, with the theme ‘Appropriation vs Xenocentrism’. According to Bulelwa Moikwatlhai, Officer in the Office for International Affairs, the purpose of this session was to encourage people to appreciate their own cultures and to respect other peoples’ cultures.

“We wanted to critically discuss cultural appropriation versus xenocentrism in an attempt to find a human response that is inclusive in nature,” says Moikwatlhai.

Direct outflow of UFS Integrated Transformation Plan

The lecture was presented by Motsaathebe Serekoane, Lecturer in the Department of Anthropology at the UFS, who urged attendees to always keep it authentic. He also stated that, as boundaries between the North and the South collapsed and knowledge flowed in and out, knowledge from the South was not taken seriously. 

“We lost ourselves within what happened in the North. We want to be appropriate and we want what they have, because it is more beautiful than what we have. We need to find something in Africa that will define us as African,” he says. 

These dialogues are a build-up to the International Cultural Diversity Festival that will take place at the Thakaneng Bridge on 13 September 2019 from 12:00 to 14:00.

The dialogue is a direct outflow of the university’s Integrated Transformation Plan. “We strive to cultivate a culture where everyone feels welcome and comfortable. We want to create common ground for international and South African students to get together and to collaboratively discuss issues from both parties in order to find innovative solutions to student challenges,” indicates Moikwatlhai.

Much of what is learnt in these sessions is used for reflection in order to improve the overall student experience. According to Miokwatlhai, it is essential to ensure that all processes related to students are structured to be socially just and inclusive. 

“As an institution of higher learning, we need to continuously create such platforms so that we have rich engagements about pertinent issues that affect the UFS community, and find human solutions to overcome barriers,” she concludes.

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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