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12 February 2020 | Story Rulanzen Martin | Photo Charl Devenish
Prof Francis Petersen
Prof Francis Petersen, UFS Rector and Vice-Chancellor opened the workshop on Monday, 10 February 2020.

Will an enclaved state work in a country like South Africa? How can universities produce graduates who will become engaged citizens, and what is the current status of the ANC and the DA? These were some of the key topics at a workshop on South Africa and Africa: Prevarication at the Precipice, hosted by the Department of Political Studies and Governance at the University of the Free State (UFS). 

The two-day workshop is an annual collaborative discussion platform between the UFS, chaired by Prof Hussein Solomon, the Southern African Centre for Collaboration on Peace and Security, and the Osaka School of International Public Policy

The workshop opened with Prof Francis Petersen, the UFS Rector and Vice-Chancellor who delivered his message from the perspective of higher education. 

He spoke about the importance of universities in South Africa being able to produce graduates who will become active citizens. 

Graduates should fulfill their role in society 

“Universities should be the place where we should educate and engage to let our students and graduates know what society should look like. If we don’t do that transformative thinking among our graduates we are going to perpetuate what society is,” Prof Petersen said. 

“I hope this conference won’t just debate the issues because we already know the answers. I hope this workshop will say what we need to do as active citizens to ensure that we start new building steps. International engagement is also important. As is our engagement with the continent.” 

Helen Zille on the State of South Africa 

Helen Zille, Chairperson of the DA Federal Council presented a talk on the State of South Africa in which she tabled three variables she believes can save the country from the precipice. “There should be three variables which can make a democracy work; a separate state (not a party-ruled state), the rule of law and a culture of accountability,” Zille said. 

Zille tabled the concept of an enclaved state a state which operates independently from party control. “There are increasingly isolated states in SA which are being pushed out of good governance and service delivery. An example of an enclave that functions well is the “justice enclave (Supreme Court of Appeal) in Bloemfontein”. 

She reiterated the importance of active citizenship. However she added that people who are active citizens are usually not the ones elected to office. 

Political Science workshop
The workshop brings together political scientists, academics, politicians and journalists who robustly discuss local
and international politics, economics and governance.  ( Photo: Charl Devenish) 


The role of active citizenship and the state of the country cannot be discussed in isolation from the state of the ruling ANC and the official opposition, the DA. Prof Dirk Kotze from the Department of Political Studies at Unisa, and Bonolo Selebano, Netwerk 24 political journalist, gave a glimpse into the status of Luthuli House (ANC headquarters in Johannesburg), and the DA. 

“ANC party politics are not unique. They are following a global trend. However, the credibility of the ANC is a big issue,” said Prof Kotze. In the political arena globally, political parties are redefining themselves and it is important for the ANC to figure out where it finds itself. Selebano wasn’t too optimistic about the DA either, saying the party should return to its liberation ideals. 


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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