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03 July 2020 | Story Dr Nico Jooste and Cornelius Hagenmeier
Cornelius Hagenmeier,left, and Dr Nico Jooste.

South Africa has established itself as a regional higher education hub, which has until the recent COVID-19 pandemic been hosting increasing numbers of international students. The vast majority hails from the neighbouring countries in the Southern African Development Community and includes increasing numbers of postgraduate students, specifically doctoral students. The country has become one of the global epicentres of the pandemic. We argue that while the country is grappling with combating the virus, its higher education system and stakeholders must keep focusing on the post-COVID-19 future. The way the country and its higher-education system treat international students in the present crisis may determine whether it will be able to retain its position as a regional higher education hub, and whether it will be able to be a driver for PhD capacity development in the SADC region and Africa following the pandemic.

South African higher education has promoted ethical practices that govern their engagements with international students. The Code of Ethical Practice – accepted by all South African universities, guide the university’s actions for all phases of study, including the phase where students would be required to go home and return for studies. The common obstacles influencing international student mobility to and from the country caused by the lack of cooperation by government departments, should not have been a problem in this case, as all activities are coordinated by the South African National Coronavirus Command Council (NCCC). According to South Africa’s President, Cyril Ramaphosa, “the NCCC coordinates government’s response to the coronavirus pandemic. The NCCC makes recommendations to Cabinet on measures required in terms of the national state of disaster. Cabinet makes the final decisions”. (Written response by the President to written question NW 725 by Adv. G Breytenbach dated 5 June 2020.)  

International Students in the Initial Phase of the COVID-19 Crisis
The lockdown that the country imposed in March 2020 to combat the pandemic, resulted in a large part of its international student population returning home, particularly those hailing from neighbouring countries for whom travel was easy to organise. At the time, it was anticipated that students would be able to return after a three-week lockdown of the country. Most universities expected that their international students would come back to campuses after an extended recess in April 2020. At many universities, international offices assisted international students with travel arrangements and organised for those unable to travel, mostly students from other regions of the world, to remain in university residences until campuses would reopen. International students expected to be able to return to their universities soon, resulting in many travelling light and leaving essential learning, research, and personal items behind in residences.

However, controlling the COVID-19 pandemic proved far more complicated than anticipated, and the lockdown was replaced by a risk-adjusted strategy that provides for five alert levels, of which level five has the most severe restrictions on public life. As the country progressed to level four on 1 May 2020, South African universities were permitted to resume face-to-face classes for final-year medical students. On Wednesday (13/5), directions were gazetted that “allow for the once-off travel of final-year medical students studying at a public higher education institution to travel from their homes to the university campus where they are registered for study during the period 8-31 May 2020” (GG No. 43319 of 13 May 2020). No clarity was provided on whether this would include international students; the wording was at least wide enough to allow for this. Stakeholders interpreted the regulations in different ways, but at least a limited number of international final-year medical students returned from Lesotho. 

Preparation for the Resumption of Select Face-to-Face Classes 
When the South African Minister of Higher Education and Training, Dr Blade Nzimande, charted the way forward for South African higher education during the COVID-19 pandemic, he enunciated the principle that “all students should be given a fair opportunity to complete the academic year 2020” (speech on 23 May 2020). In this political announcement, he stated that final-year students in programmes requiring clinical training (e.g. nursing, and dental sciences) would begin from 1 June 2020. He postulated that other critical groups of students, including final-year and postgraduate students who require access to laboratory equipment, should be allowed to return to the country’s campuses. He did not refer in any way to a planned exclusion of international students, and at least some universities included international students in their planning for the resumption of select face-to-face classes in June 2020. 

International Students in Basic Education
When the teaching of select grades in basic education resumed in South Africa in June 2020, students from neighbouring countries were allowed to resume their daily commutes across the South African border according to regulations gazetted on 28 May 2020 (GG No. 43364 of 28 May 2020). It appears from individual reports received from border posts that boarding school students are returning from Lesotho and Botswana.

International Students in Higher Education   
As the country moved to alert level three on 1 June 2020, some stakeholders in South Africa’s higher education system anticipated that at least international students from neighbouring low-risk countries such as Lesotho or Botswana would be allowed to return when their face-to-face classes would resume. Directions issued by the South African Department of Higher Education and Training on 8 June 2020, however, unequivocally stated that ‘international students who returned to their home countries during the lockdown will only be permitted to return to campuses when Level 1 of the strategy is announced’ and explained, without elaborating on detail, that ‘these international students will be supported through remote learning until they return. Tailored catch-up plans will be implemented when they return.’ Consequently, many international students are likely to return after face-to-face classes in their modules have recommenced, and it is left to individual higher-education institutions to ensure that they are not ‘left behind’. Core challenges to ensure this include the cost of data in the main source countries of international students, as well as limited internet speed. Some universities are trying to alleviate this by providing data allowances for international students; however, this is not yet practised uniformly throughout the sector. 

Core Challenges 
To avoid harm to South Africa’s reputation as a preferred destination for international students, the country and its higher-education system will have to find satisfactory answers to critical questions:

• How can the South African higher-education system ensure that no international student is left behind in modules for which face-to-face classes resume, especially considering those who require clinical/laboratory training? A recent webinar between Vice-Chancellors from six SADC countries highlighted the fact that connectivity and data availability throughout Southern Africa is still one of the biggest challenges facing all higher-education systems. Not only the South African system, but all other SADC universities will have to be innovative to resolve this problem, especially where all have committed themselves to not leave any students behind.

• Who will bear the considerable cost for necessary interventions, such as the provision of data to international students abroad?

• How can the training of critical professions for combating COVID-19 in Southern Africa be sustained at South African higher-education institutions when degrees such as medicine (MB ChB degree) require clinical training and examinations through a practical component?

• How can reputational damage to South Africa as a destination for international students be avoided when, apparently, high school students from (at least) Lesotho are allowed to enter the country and return to boarding schools, but students in critical health science degrees are not allowed to return to classes?

Way forward
We posit that careful balancing of the often conflicting priorities of combating COVID-19, ensuring that no international students are left behind, and sustaining the training of professionals who are critical in the fight against COVID-19 in Southern Africa, is necessary to ensure that South Africa contributes optimally to the fight against the pandemic in Southern Africa and sustains its position as a preferred destination for international students post-COVID-19. It will be important to demonstrate to the world that the country is living up to its world-renowned Constitution, which entrenches equality as a fundamental right. Any differentiation between international and local students, as well as between secondary and tertiary education students, which does not have a rational connection to a legitimate government purpose such as protecting public health, may infringe the country’s internationally celebrated Constitution, taint South Africa’s standing as a higher education hub, and jeopardise its existing reputation as a preferred destination for international students. Moving forward, thoughtful action is required to ensure that future generations of international students choose to study in South Africa following the pandemic, and to encourage those who left in haste when the COVID-19 crisis intensified, to return to complete their studies. 

 

Opinion article by Dr Nico Jooste is Senior Director of the African Centre for Higher Education Internationalisation (AfriC) and a Research Fellow of the University of the Free State (UFS) South Campus. Mr Cornelius Hagenmeier is Director of the Office for International Affairs at the UFS and serves on the AfriC Board of Directors. Both are writing in their personal capacity.

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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