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22 May 2020 | Story Nitha Ramnath

A Virtual celebration of Africa Month

On 25 May 2020, Africa will celebrate the 57th anniversary of the founding of the Organisation of African Unity. A central tenet of the organisation, which was the predecessor of the African Union, is African solidarity. Member states undertook to coordinate and intensify their cooperation and efforts to achieve a better life for the people of Africa. The University of the Free State (UFS) has a long tradition of commemorating Africa Day and the ideas underpinning it. Every year, diverse events aimed at advancing African unity and solidarity take place during Africa Month – traditionally, the highlight is the Africa Day Memorial Lecture hosted by the University's Centre for Gender and Africa Studies

This year, celebrating African unity through significant events involving the physical presence of a large number of people, will likely be impossible. COVID-19 is ravaging the world and Africa may become one of the world regions worst affected by the consequences of the virus. Social distancing may be difficult to achieve in a continent with densely populated urban centres that often feature large informal settlements. Besides, the economies of African nations are not as robust as those of other world regions. The challenge that Africa is facing, appears to be one that can only be mastered by its people acting in solidarity and unity. The continent has already developed an Africa Joint Continental Strategy for COVID-19 Outbreak to combat the virus, and an Africa Taskforce for Coronavirus has been established. The ideas of African togetherness and the underpinning philosophy of Ubuntu may be critical for strengthening African solidarity at a time when it may be more relevant than ever.

The commemoration of Africa Day takes a different theme each year. This year, the UFS 2020 Africa Month celebrations will take a virtual format, with the theme of ‘Africa together forever’ underpinned by the COVID-19 global pandemic. The theme is particularly significant considering the context of the African continent; and only through the demonstration of solidarity and unity can Africa overcome the challenges of the global pandemic.

The University will host a variety of cultural and intellectual contributions on the dedicated UFS virtual Africa Month website. On Africa Day (25 May 2020), a virtual Africa Day function, which will be posted on the website, will conclude the Africa Month commemorations.

The diverse contributions to the 2020 virtual Africa Month activities will highlight the University’s commitment towards creating a diverse, challenging intellectual environment. The UFS strives as a research-led university, to provide an environment in which new ideas are incubated and debated; contributing towards its transformation process and African unity. 

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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