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10 December 2020 | Story Sibongile Madlala | Photo Supplied
Sibongile Mdlala End of Gender-based Violence
Sibongile Madlala believes it is time to get every single South African involved in the fight to eradicate gender-based violence and not to look away or to stand on the side-line watching.

Sibongile Madlala, Crime Investigations Officer in Protection Services, believes it is time to get every single South African – especially boys and men – involved in the fight to eradicate gender-based violence and not to look away or to stand on the side-line watching.


“It is a time to observe that to date, gender-based violence awareness messages still promote the idea that it only affects women and children (girls) and to a certain extent ignores the plight of the LGBTIQ community, men and boys,” she says.

Report, do not keep quiet

It is time for the government and other relevant stakeholders to do everything possible to establish the root causes of GBV. She feels it is necessary to pay attention to and address matters such as mental health (of the offender and the victim/survivor), victim-offender overlap, patriarchal lines, and cultural practices that perpetuate gender inequalities.

“Government also need to observe the value of training officers of the law and the justice department, as it takes a special kind of person to deal and assist victims accordingly,” she says. 
 

Madlala is convinced that the criminal justice system needs to revisit the laws, policies, and systems that are dealing with gender-based violence-related matters, as it is failing the victims. “It is unfair to expect a victim to recount every single intimate detail in chronological order; it is also unfair to expect a minor or a mentally challenged person to stand in a box facing the perpetrator as they lead evidence over a lengthened period. The failure to implement child-friendly facilities is not acceptable,” she adds. 

“It is said that knowledge is power, and
I believe the sooner this pandemic is understood
by the victims, perpetrators, and handlers
— the sooner we will see some changes in this regard.”
—Sibongile Madlala

Dealing with perpetrators

There is a National Sexual Offenders register in which the names of all prosecuted offenders are listed when they are found guilty. In dealing with perpetrators, she suggests a similar national offender register for gender-based violence offenders. “It is important that offenders are known, as those who need to protect are sometimes abusers themselves,” says Madlala.

The 16 days of activism is a time to let everybody know that gender-based violence is not a private matter. “It is said that knowledge is power, and I believe that the sooner this pandemic is understood by the victims, perpetrators, and handlers – the sooner we will see some changes in this regard.” 

She deems it important that victims are taught the importance of reporting and not protecting the abuser, and she emphasises the significance of ensuring that the voices of survivors, activists, and those mandated to address these matters at grassroots level are amplified and listened to.

Madlala sees this period as a celebration of survivors, the victors, heroes and heroines, young and old – especially those who have chosen to speak out about their traumatic experiences, knowing that the response may be negative.
 
“It is a time to commemorate all victims of gender-based violence and to raise awareness, stimulate advocacy efforts, and share knowledge on this topic,” she says.

It is time …

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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