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Takudzwa Nyamunda.

Takudzwa Nyamunda is the proud new representative of the University of the Free State (UFS) for the 2020 Commonwealth Future Student Leadership programme. Nominated at a recent workshop themed ‘Reimagining Peace’, organised by the Association of Commonwealth Universities in collaboration with the British Council and the Durban University of Technology, Takudzwa demonstrated exceptional leadership, coupled with his experience of issues related to the UFS student committee, which provided the perfect foundation for his selection. 

“From a personal point of view, this was one of the most enriching experiences I have ever had, both in terms of the relationships established and the world knowledge gained. I am personally grateful for the opportunity to attend and would support any further initiative of this nature. I think the essence of this workshop was to encourage the young leaders present – all of whom were active citizens in their communities in one way or another – to continue fighting the good fight. The core message from the panellists was that it is all worth it in the end, and that even in the face of adversity and discouragement, we should keep fighting for the work we believe in,” says Takudzwa. 

Participants from 13 nations, including activists and thought leaders on non-violence affiliated with the International Centre of Nonviolence, the Gandhi Development Trust, and the Commonwealth Countering Violent Extremism Unit, contributed to the workshop. Over the course of three days, participants were divided into five groups and worked together on projects linked to three main themes – gender-based violence, global warming, and inequality.

The selection committee was convened by the Vice-Rector: Research and Internationalisation, Prof Corli Witthuhn, and facilitated by the Office for International Affairs. Currently in the final year of his Master of Industrial Psychology degree, Takudzwa’s wealth or experience includes being the founder and first president of the International Students Association (2016), and holder of the International Student portfolio as Student Representative Council (SRC) member (2017), coupled with being co-founder and first vice-chairperson of the South African Board for People Practices (SABPP): UFS Chapter and Vice-president of the SABPP National Youth Council (2019).

“I will continue to do what I have been doing for the past five years at the UFS, which is to make a difference in my sphere of influence”, says Takudzwa. 

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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