Latest News Archive

Please select Category, Year, and then Month to display items
Previous Archive
22 July 2020 | Story Nonsindiso Qwabe | Photo Supplied
Tau Tladi.

In times of great difficulty, a tale of hope goes a long way in encouraging one to persevere. Tau Tladi, a second-year LLB extended-programme student who was diagnosed with ataxia – a degenerative disease of the nervous system – at a young age, has conquered many adversities. He is living his life to the fullest, pursuing his dream of becoming a lawyer one day. Because of a brain injury during birth, Tladi struggles to speak, write, or walk. On campus, he makes use of a scribe and reader to write his tests and exams. 

Learning from others key to success

“Living with ataxia means I have improper speech, I struggle to walk properly, my hands can’t grab things properly, and I can’t even write with them.   Seeing other people living with disabilities and still pursuing their dreams has inspired me a lot; it made me realise that I too have the ability to achieve my dreams,” he said. 
While this disability presented him with many hindrances in life, it has never held him back. “Growing up was challenging because I was not able to develop like other children. As I got older, I could not experience some of the things that other kids could do, such as playing and running around,” he said.

Triumph in the face of adversity
 
Despite all the challenges, Tau completed his matric in 2016 and was even named as one of the top 100 achievers in the Free State. He describes his admission to the LLB programme as a dream come true. “I have always wanted to study an LLB degree. It is the best feeling ever to be at university and studying something that I always wanted to do. I would love to become an attorney.”

Tladi hopes to finish his degree in 2021. He is also an avid sportsman, having participated in the Free State paracycling team and winning first place at the national competition. 

“Living with disability has never been easy for me, so I have learned to be grateful and use every opportunity that I come across and work very hard to fulfil my dreams.”

Hanlie Grobler, Senior Officer in the Faculty of Law, described Tladi as a remarkable young man who always wears a smile on his face. “If you are feeling a bit blue today, cheated by COVID-19, that life is unfair to you – remember this young man who is an excellent example of determination, and do what you have to do, to the best of your ability, and be thankful for what you have.”

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

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