Latest News Archive

Please select Category, Year, and then Month to display items

Moipone Martha Motlhakwana: "Motabola Pasa’s" footprints in the Free State Liberation Struggle

31 August 2020 | Story Dr Chitja Twala

In the 1940s, the then (Orange) Free State produced a crop of female leaders whose role in the liberation struggle is unknown – or rather, for whatever reason – ‘neglected’. Among these leaders was one Moipone Martha Motlhakwana. Testimony to the above was an article published by the Mail and Guardian on 25 August 2016 under the heading 60 Iconic Women – The people behind the 1956 Women’s March to Pretoria. In this article, only four lines are dedicated to her, contrary to what has been written about other leaders, such as Lilian Ngoyi, Lizzy Abrahams, Lucy Mvubelo, and many others. This is an indication of the possible ‘neglect’ in highlighting the role played by other women in places such as the Free State. In this article, I argue that Motlhakwana’s role in the liberation struggle was by no means minimal, compared to the leaders mentioned above.

When one evaluates her role and contribution to the struggle, it is important to always keep in mind the context of the time and the scope of possibilities that were available to the liberation movements. This article briefly examines her role at a crucial time when Motlhakwana’s beloved movement, the African National Congress (ANC), is experiencing its most difficult and trying times since coming to power in 1994.

The Defiance Campaign

Motlhakwana was born into the Makabane family in Leqwala in the Thaba Nchu district on 23 December 1906. She was a devoted Christian. Being a Christian did not prevent her from participating fully in politics. Long before the 1956 anti-pass march, Motlhakwana was instrumental in organising the 1952 Defiance Campaign in Bloemfontein. Meetings for organising this campaign were held in an open space where the Paradise Hall in Bochabela Location in Bloemfontein is situated today. She led a women’s support group demanding the release of those arrested and jailed in the Ramkraal Prison in Bloemfontein. It became known to the Special Branch that her house was, at the time, used as the ANCWL’s ‘headquarters’ in town; therefore, the house was monitored and kept under police surveillance.

Motlhakwana also participated in the 1956 anti-mass march to Pretoria. In the Bloemfontein area, she mobilised people in the burning of passes. Her fearless organising strategies earned her a nickname in the community as Motabola Pasa or Mochesa Pasa (the one instrumental in tearing of the dompas or the one burning the passes). She was among the people who were arrested and detained during the Treason Trial. After being acquitted, she was placed under house arrest. Together with her friend in the struggle, Pretty Molatole, they were involved in establishing the ANCWL in Bloemfontein. Most of the league’s meetings were held at Motlhakwana’s place. She used to travel around the province to establish ANCWL branches in places such as Bethlehem, Ficksburg, and Thaba Nchu, to name a few. It was during this period in the mid-1950s that she worked closely with the leaders of the ANC in Bloemfontein, such as Jacob B Mafora, Caleb Motshabi, and Leslie Monnenyane.

In her honour

In honour of her contribution to the liberation struggle in South Africa and not only in the Free State, a tombstone was unveiled at the Phahameng Cemetery, adjacent to the Heroes’ Acre, on Thursday 5 January 2012; this unveiling coincided with the centenary celebrations of the ANC as the oldest liberation movement in Africa. Addressing the masses during the unveiling of the tombstone, the Chairperson of the ANCWL in the Free State and the current Premier, Sisi Ntombela, stated: “Most people have the concept that the anti-pass march started in Johannesburg in 1956, but that is not the case because the first march was started in the province by women such as Motlhakwana and Mei Likotsi and others who were leaders at the time, and mobilised the women for the march. As we unveiled the Motlhakwana tombstone, we also discovered that her grandchildren have kept the passes of those women whom she organised at that time. She made sure that women were developed, not only in politics but also in trade unionism. The Free State is the centre where everything started; this year [2012] is the ANC Centenary, but next year we will be holding the ANCWL Centenary for the Free State women.”

Owing to illness, Motlhakwana passed away on Thursday 27 July 1989. She was buried in the Phahameng ‘Magengenene’ Cemetery in Bloemfontein, not far from the Heroes’ Acre.

There are many women of Motlhakwana’s political stature in the Free State, whose histories should be documented in the form of biographies.

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

Back

Economic and Management Sciences

Education

Health Sciences

The Humanities

Law

Natural and Agricultural Sciences

Theology and Religion

Open Distance Learning

Business School

We use cookies to make interactions with our websites and services easy and meaningful. To better understand how they are used, read more about the UFS cookie policy. By continuing to use this site you are giving us your consent to do this.

Accept