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16 September 2019 | Story Leonie Bolleurs | Photo Colin Stevenson
Dr Ana Stevenson
In terms of gender violence, Dr Ana Stevenson says change has only occurred because of the willingness of some, especially feminist activists, to take a stand against community complacency. Pictured here, she speaks about the book in Rockhampton, Queensland, Australia.

“Gender violence has gained renewed public visibility in South Africa over the past weeks due to the horrific murder of undergraduate womxn (the term/spelling used by activists during the recent marches) from the University of Cape Town and the University of the Western Cape. These tragedies followed the longer history of high-profile cases of gender-based violence, where violated young womxn become the focus of intense media analysis – sometimes sympathetic, but often characterised by victim blaming.” 

These are the words of Dr Ana Stevenson, postdoctoral research fellow in the International Studies Group in the Faculty of the Humanities at the University of the Free State (UFS).

She believes that most media commentary and policymaking are rarely contextualised in terms of the long history of gender violence. A recent edited collection, Gender Violence in Australia: Historical Perspectives (Monash University Publishing, 2019), which she co-edited with her colleague, Dr Alana Piper (University of Technology Sydney), seeks to bring historical context to contemporary discussions about gender violence.

Dr Stevenson, an Australian historian of social movements, joined the International Studies Group in 2016. With her research, she examines the lives and writings of activist women in feminist and anti-racist social movements in South Africa as well as in Australia and the United States. 

She considers herself fortunate to have been offered the opportunity to live and work in South Africa during this era of student activism on campuses across the country.

Words alone are not enough

Other South African scholars have turned their attention to gender violence in recent years. Rape and other forms of sexual violence are chronically underreported in South Africa, a problem that also exists in other national contexts. Victims simply do not feel safe enough to report their experiences to the police, says Prof Pumla Dineo Gqola, author of Rape: A South African Nightmare (Jacana Media, 2015).

Dr Stevenson adds: “Despite public outcry, the emergence of new victims suggests that the cultural shifts which are needed to transform the violent behaviours that disproportionately affect the lives of womxn, have sadly not been achieved. The marches in solidarity across many university campuses, including at the UFS, are certainly a step in the right direction, as is the UFS’s renewed commitment to eradicating all forms of gender-based violence.”

However, according to her edited collection, words alone are not enough. 

She believes that greater public awareness can only help to address the problem to a degree. “What is needed in addition to initiatives that seek to effect cultural and behavioural change among perpetrators, is ongoing and dedicated funding for rape crisis centres and other support services for those who encounter gender violence,” Dr Stevenson says.Book cover

Taking a stand against complacency

Gender Violence in Australia indicates exactly where violent behaviours come from and seeks to illustrate how they have been rationalised over time. “It is important to recognise that change has only occurred because of the willingness of some, most especially feminist activists, to take a stand against community complacency. We hope that, in identifying these patterns over a period of more than 150 years, our collection will be useful for policymakers, politicians, and the media, as histories of violence are intimately connected to understanding how gender violence operates in the present.”    

“Our collection hopes to make the important first steps in assembling a history that builds on the work of feminist historians, whose earlier research about gender violence in Australia examined the phenomenon in various contexts. In doing so, we bring together the analysis of domestic, family, sexual, institutional, economic, psychological, structural, and state violence to identify the important links between historical legacies and the contemporary moment. Making the connections between past and present explicit, offers the opportunity to track the changes and continuities that shape our understanding of gender violence today.”

Dr Stevenson strongly believes that womxn are not to blame, and that they must keep raising their voices to make themselves heard. She supports Prof Gqola, who said: “A future free of rape and violence is one we deserve, and one we must create.”

• Womxn: According to the Urban Dictionary, it is a spelling of ‘women’ which is a more inclusive, progressive term that not only sheds light on the prejudice, discrimination, and institutional barriers womxn have faced, but to also show that womxn are not the extension of men but their own free and separate entities. 

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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