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01 September 2019 | Story Xolisa Mnukwa
Esihle Mhluzi
“As a small-town girl from the Eastern Cape, the only thing I have ever inculcated within myself was the validity of my dreams.” – Esihle Mhluzi #WomenOfKovsies

“I was determined to be more than just ‘the girl on crutches’; I wanted my brilliance to speak for itself,” said Mhluzi in response to the question, “What inspires you?”

As part of its #WomenOfKovsies campaign for 2019, which profiles inspiring women on our three campuses, the UFS celebrates LLB Law student, Esihle Mhluzi. She has served on a few SRC executive committees, UFS women empowerment organisations, and is also the Chairperson of the Universal Access Council for 2019.

Mhluzi says she was ‘graced’ with a physical impairment at the age of 10. She uses the word ‘grace’, because she appreciates what it means for the world and for women today to be in a body like hers. She also recently started pursuing a career in modelling, forming part of the top five of Miss Capable SA, and is currently one of the finalists for Face of Free State Fashion Week 2019.

Mhluzi explains that her decision to pursue modelling was propelled by her rationale to infiltrate spaces that were not necessarily designed for girls who ‘looked’ like her. She found that society seldom embraces and ‘accepts’ young women of her calibre on prestigious modelling platforms. Her mission is to ensure that she becomes the voice for the many women she represents. “With my additional modelling career path, I envisage us – women – running towards victory hand in hand,” said Mhluzi.

For her, being a woman means “being empty of yourself in order to create a better life for your fellow sister”. She believes a woman’s purpose is to extend grace and create safe spaces for each other to exist, heal, overcome, and conquer the world together, being in control of your narrative, and starving the noise. “Being a woman means having the audacity to be unapologetic in your brilliance,” she enthuses.

Mhluzi, who describes herself as ‘multifaceted’, believes that Women’s Month should be celebrated in order to pay homage to the phenomenal women who went before us. She highlights the importance of picking up where they left off. 

“I look forward to the day when being a woman simply means BEING.”

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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