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24 March 2020

#UFSupdate (18 March 2020): UFS IMPLEMENTS MEASURES TO MINIMISE RISK OF COVID-19 TO STAFF
STATEMENT BY PROF FRANCIS PETERSEN, RECTOR AND VICE-CHANCELLOR

The executive management of the University of the Free State (UFS) welcomes the announcement of Dr Blade Nzimande, Minister of Higher Education, Science and Technology on 17 March 2020 that all post-school training institutions will have an early recess, starting on 18 March 2020. The Minister’s directive that universities should minimise risk of COVID-19 to all its staff during this time is also welcomed.  

The announcement of Dr Nzimande is in line with the university’s decision on 16 March 2020 to suspend the academic programme as from 17 March 2020 and to resume it again on 14 April 2020.

It is important for us all to know that this is not business as usual, and that different  thinking is required. Responsible citizenship is one of the crucial elements the world has increasingly been experiencing for the past few weeks. This is why we must act out our responsibility towards one another by focusing on ways in which social distancing can be achieved – especially during this low-risk period that South Africa is still experiencing. This is one of the reasons that informed the university’s decision on 16 March 2020 week to suspend the academic programme and also for students to vacate the residences by 20 March 2020.

The health and well-being of our staff members are equally important. The university’s Employee Task Team that was established on 16 March 2020 analysed options for the continuation of university operations during the recess period. These options were submitted to the executive management, discussed with the Chairperson of the UFS Council and approved on 18 March 2020.

Staff members who have children at school and pre-school may work from home on 19 and 20 March 2020. For the period 23 March 2020 to 13 April 2020, the number of staff members present on all three campuses will be reduced to a minimum and staff members may be allowed to work from home where practically possible.

Arrangements have been made to accommodate those staff members who are performing services which cannot be done from home (such as cleaning, gardening, maintenance, sports, etc) in a flexible and reasonable way. Similar arrangements will be made with office-based support services staff, prioritising institutional needs and based on humane and personal circumstances. Academic staff have been requested to ensure that the online learning materials are finalised and made available for the online learning platform.

The decision for employees to work from home is based on the premise that all employees are deemed to be at work from 23 March 2020 to 13 April 2020. This requires staff members to be available and contactable by line managers at all times during the university’s normal working hours.

I am comfortable that these measures will alleviate the concerns from our staff regarding the spreading of COVID-19 and the risk to themselves without compromising university operations.

Prof F W Petersen
Rector and Vice-Chancellor
University of the Free State


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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