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12 May 2020 | Story Prof Francis Petersen | Photo Sonia Small
Prof Francis Petersen.

In a rapidly changing, uncertain and complex world, the role that universities are playing as the engines of social mobility, as drivers of the economy and as generators of new ideas, is now more critical than ever.  Due to the universal nature of knowledge, universities are global in scope – a space that encourages new ideas, controversy, inquiry, and argument and challenges orthodox views, but they are also deeply entrenched in their local environment, influenced by socio-economic and political dynamics.  There is an expectation that universities should exhibit great levels of responsiveness and public accountability, with higher levels of trust in higher education, and between higher education and government, and higher education and the public.  The challenge for both higher education and government is to allow institutional autonomy without oppressive accountability.  

Over the past few years, the purpose of universities has been challenged in relation to their role in society, their advocacy for speaking truth to power, their continuous strive to be great universities without being elitist, and their ability to function in an age of populism. The Trump administration and, more recently, Brexit have demonstrated that there is a decline in the respect for evidence and advice from subject-specific experts.  It seems (as in the case of the Trump administration) as if empirical reality does not matter, nor does empirical reasoning form the basis of public policy – a political place that is becoming increasingly anti-intellectual.  Emotion and personal belief have been shown to carry more weight than objective facts and evidence in terms of influencing public opinion.  Fake news and ‘the alternative truth’ have also challenged the fundamental principles of a university – academic freedom and the generation of new knowledge in the pursuit of truth.

A digitally unequal society
The COVID-19 pandemic has shown deep fault lines in our society – stark poverty and inequality – that universities should engage with (and they do); however, they cannot eliminate it on their own, but can be part of the solution.  South Africa is the most unequal society in the world.  Before the COVID-19 pandemic, the South African economy was already in deep trouble, with sovereign downgrades by all the rating agencies and with an unemployment rate close to 30%.   The national lockdown, in an attempt to ‘flatten the infection curve’ and hence manage the response of the national health system to COVID-19 cases, has added to the pressure on the economy.  It is envisaged that a large number of people (estimated between 3 and 7 million South Africans) will lose their jobs after the national lockdown period, adding to poverty and an already high unemployment rate.  Even during the lockdown period, there are many South Africans living in crowded spaces, hence finding it difficult to practise social distancing, may not have running water and proper sanitation, and possibly do not have regular access to food.  

As schools and the post-school education and training sectors move online with their learning, it further shows how digitally unequal our society really is – access to connectivity, data, and an appropriate digital device is a challenge, and electricity is not evenly distributed or is non-existent in our society.  These institutions, within the environment of digital inequality, are ensuring that digital equity is maintained as far as possible.  Many churches, business leaders, and certain politicians have called for a different social pact between business, labour, and government to address the state of the economy – any such action, however, must be supplemented by concrete measures for social reform.

Regaining trust in universities
But perhaps this pandemic has also created an opportunity for science and evidence to regain credibility in informing government decisions and public trust, and for universities to demonstrate respect for evidence. During the initial stages (early March) of COVID-19 in South Africa, the epidemiologists and virologists have shown through confirmed data from the National Institute of Communicable Diseases (NICD) that South Africa was in the early phase of the infection curve – also interpreted to be the relatively low-risk phase of the curve; this would be the right time to apply the principle of social distancing.  It allowed certain organisations (such as universities) to pro-actively suspend part of their activities so as to minimise the number of people in their operational environment, well before the national lockdown was announced on 26 March – a decision based on science.

Through data and proper analyses, the NICD, other scientific bodies and the Ministerial Advisory Committee on COVID-19 provided evidence-based information to government and the public, from which meaningful decisions could be taken.  The South African government has made it perfectly clear that decisions around COVID-19 will be made based on the science associated with this pandemic – a stance to be applauded.  Hence, the risk-adjusted approach of ‘opening up’ the economy through easing the lockdown measures but constantly monitoring the infection curve is an excellent example of risk management while continuously assessing the risks.

Universities, science laboratories, and pharmaceutical companies around the globe are hard at work to develop an effective vaccine for COVID-19, which is another opportunity to demonstrate how science can assist in protecting people from this terrible virus. Universities are making advances in personal protective equipment (PPE), the development of new technologies for non-ICU provision of oxygen to COVID-19 patients, more advanced methods of testing (for the virus) to reduce turnaround times, and various other scientific studies.  

This platform is giving universities a renewed impetus to use science and scientific developments to advance societal agendas such as climate change, poverty and inequality, public health and social justice (ethics of care) – and more immediate – assisting in re-building a strong South African economy.  It is an opportunity for the public and politicians to regain trust in universities, but it is also an opportunity for universities to profile their public intellectuals so that the value of science and evidence-based output is part of policy debates and informed decision-making.  However, in doing so, universities must strengthen their relationship with society at large, be inquiry-driven, and at the same time be learning and co-creating.

Prof Francis Petersen is Rector and Vice-Chancellor of the 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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