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Symposium bridges the gap between students, staff, and management

06 February 2020 | Story Michelle Nöthling | Photo Johan Roux

The Unit for Institutional Change and Social Justice at the University of the Free State (UFS) united with the University of California, Los Angeles (UCLA), and the Vrije Universiteit Amsterdam (VUA) on the Bloemfontein Campus in a symposium discussing ‘Fragility and Resilience: Facets, Features and (Trans)Formations in Higher Education’. “It is really the only conference that brings together support staff, academic staff, students, and upper administration management, which includes vice-chancellors, rectors, presidents, and provosts,” said Dr Dionne van Reenen, Senior Researcher in the Unit for Institutional Change and Social Justice, and convener of the event.

Dr Van Reenen further explained that, when it comes to matters such as policy changes, contact between these various groups at a university is crucial. In general, upper management has very little contact with students. Students would rather approach academic staff. In turn, academic staff members are often reluctant to approach support staff, since support staff are already burdened with administrative tasks. But, Dr Van Reenen continued, all these stakeholders actually need to move closer to each other, since the Academic Project goal is the same: delivering excellent-quality graduates and producing new knowledge. With this in mind, the symposium programme specifically included panel presentations and discussions by academic as well as support staff and students. What emanated from these discussions was a rich variety of topics speaking to various aspects of fragility and resilience. The following are only a few excerpts from these engaging dialogues.

Using counter-stories to narrate fragilities and resilience in higher education institutions in South Africa

Dr Fumane Khanare, Dr Ntombizandile Gcelu, and Pearl Larey – all three academic staff members in the UFS School of Education Studies, and Lihle Ndlovu, Head of Department for Business Studies at the uMfolozi TVET College – use narratives to interrogate fragility and resilience among black women in higher education. They wanted to go beyond surface conversations about how each was doing and decided to use critical race theory to question even their own stories through collaborative learning. They share, listen, question, and reflect, and as a result, create new narratives through counter-stories. “We are trying to explore our narratives,” Dr Khanare said, “not only as the outsiders, but as the insiders as well. From our background, we cannot ignore that we came here full of potential, but full of fragilities as well.”

The ambiguity of change: The stories that South African student narratives tell
Continuing the exploration of narratives, Dr Frans Kamsteeg from the Department of Sciences at VUA shared his research among students of the UFS who were part of the Leadership for Change programme. The programme, that came to an end in 2016, took UFS students through a process of leadership courses and training and included a trip to one of the external participating foreign universities. Dr Kamsteeg subsequently received several groups at the VUA and became interested in how these students engage in transformation processes at the UFS. Presenting seven vignettes of students’ narratives, Dr Kamsteeg revealed a tapestry of multivocality and fragility, and a meandering path of self-identity and transformation. “They learned a lot about academic citizenship and becoming responsible citizens,” Dr Kamsteeg added.

Keeping up with changing times: Student leaders, resilience, fragility, and professional development

Dr Marguerite Muller, Pulane Malefane, and Liezl Dick were all residence heads at the UFS. During the #FeesMustFall period, they realised that the role of student leaders had begun to change. They saw how these roles evolved and became interested in how student leaders became stakeholders and decision makers at the UFS. An interesting outcome from the arts-based research was that in the individual drawing exercise – in which students had to represent their lives as a winding river – fragility did not feature at all. Instead, the student leaders chose to depict sources of challenges and support, and how these factors built resilience. However, in the group exercise where students had to stage a puppet show, the stories revealed clear areas of fragility. Essentially, the students were willing to show fragility as long as they were fragile with others. “What we learned was that it is really important for student leaders to understand the complexity of their roles. Student leaders also need to learn and understand that it is okay to fail, that you need to grow and need to change, and that fragility in this sense is not necessarily a weakness,” Dr Muller concluded.

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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