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19 May 2020 | Story Cornelius Hagenmeier and Prof Colin Chasi | Photo Supplied
Cornelius Hagenmeier.

Africa is defined by colonial borders, within which states attempt to build viable systems. Universities are a significant part of the national innovation systems that seek to change the socio-economic and other fortunes of the many poor and marginalised Africans. As Africa approaches the celebrations on the occasion of the 57th anniversary of the founding of the Organisation of African Unity (OAU), the COVID-19 crisis reveals – if we are willing to see it – that there is a need to focus much attention on intra-Africa internationalisation programmes for African higher education.

Because national socio-economic and health systems are often inadequate, Covid-19 protects unprecedented human and social suffering for many on the continent. To try and stave off this harm throughout the continent, borders have been closed and economies have been stifled. Except for the ‘repatriation’ of citizens, international travel has become all but impossible. Africans have, as never before, been bound to colonial boundaries, which are preserved according to a principle called uti-possidetis. This principle was reluctantly ratified by members of the Organisation of African Union (OAU) in July 1964. This ratification was reluctant, because leaders recognised that African boundaries were arbitrarily and chaotically imposed in the scramble for Africa. These borders were not developed by internal historical processes. In consequence, they divide kith from kin, limiting trade and commerce across the continent. Nevertheless, leaders adopted the uti-possidetis principle for fear that allowing the contestation of these borders would likely yield territorial wars that would bring heightened misery without end. 

State power in Africa today is exercised within postcolonial borders that continue to be weak and porous. It is also exercised by states that are themselves generally weak. These states take their health-promoting actions to neighbourhoods that often have inadequate socio-economic and health systems for combating COVID-19. They entrap us in compartments that produce lives that are short and brutish.  We would do well to ask how we can decolonise our borders in ways that set us free to change socio-economic fortunes.

Within the confining arrangements of state power, the health threat of the COVID-19 pandemic has been met with almost every African country adopting stringent health precautions, often resulting in sudden, sharp economic declines. With this, the livelihoods of millions are in jeopardy. African higher education has not escaped the resultant challenges.
The higher education sector is struggling to adapt. To be sure, in many ways, it is producing mighty work. Many books and journals will write about how systems moved significant aspects of teaching and learning online, often with great success, sometimes with great frustrations. At the same time, Africans rightly expect higher education systems to contribute to finding immediate responses to the pandemic threat. In many cases, universities are assisting by researching the coronavirus genome, developing effective and cost-efficient necessities such as personal protective equipment and ventilators; or by researching effective vaccines, medication, and public-health interventions. However, it is difficult to find excellent examples of how these steps are changing national narratives, particularly those that bind us to colonial miseries.

The African Union (AU), which is the successor to the OAU, is trying to build multilateral efforts. It has developed an ‘Africa Joint Continental Strategy for COVID-19 Outbreak’ and established an ‘Africa Taskforce for Coronavirus’. These efforts seek to foster collaboration between multilateral stakeholders. For the African Union recognises that to adequately address the crises occasioned by COVID-19, it is necessary that member states, African Union agencies, the World Health Organization and other partners work synergistically to avoid duplication and to maximise efficiencies, given that resources are extremely constrained. 

A central tenet of the OAU is African solidarity. Member states have undertaken to coordinate and intensify their cooperation and efforts to achieve a better life for the people of Africa. It is encouraging that the AU’s Chairperson, President Cyril Ramaphosa, refers to pan-Africanist ideas when he calls for the ‘strengthening of the bonds of solidarity that exist between us as Africans’ (24 April 2020). Ideas of African togetherness, underpinned by the philosophy of ubuntu, must inspire African solidarity. They are more relevant than ever before. 

It is vital that we think, beyond this COVID-19 crisis, of how long-run coordination of African higher education institutions in Africa must produce continent-wide systems of innovation that take us out of perpetual poverty, disease, and unnecessary deaths.

African higher education is struggling to define its place in the rapidly changing realities of the continent. Many institutions are driven to merely concentrate on how they will survive, or on how sprouting areas of excellence will make it through adverse financial conditions that emerge. 

Africa is at a critical juncture. How we make it through COVID-19 and what we learn from doing so, will determine whether Africa unites as we shape the post-COVID-19 future.

Prof Colin Chasi. (Photo: Anja Aucamp.) 

Periods of great strife, devastation, and hardship are opportunities for radical renewal and quantum leaps in development. But we must have the courage to take those opportunities. If we have the courage to unleash our universities in the kinds of continent-changing work that is needed, the fortunes of African countries are, after all,  tied together (no matter what colonial boundaries and divisions may say). 

The decisions that will be made during and in the wake of the pandemic will determine whether the crisis and its aftermath will allow the continent to focus on becoming a prospering, united world power, or whether national egoism (tied to colonial histories) will prevail and hinder sustainable development. 

How African higher education evolves in the post-pandemic world will largely depend on whether universities will be able to embrace the interconnectedness and interdependency of Africa’s social and economic realities. African higher education systems must escape the temptation to respond to immediate challenges in isolation. These times should teach us that when your neighbour catches the flu, your home economy suffers too. However, where people should observe social distancing to overcome the flu, economies must reach across borders if they are to flourish in markets large enough to truly impart value to ideas, services, and goods.

Higher education should serve African people by advancing social transformation and development through collaboration in skills development and research. Through intra-African partnerships and collaborations, African universities can make significant contributions to finding responses to the peculiar public health and medical challenges of emerging African societies and shaping a prosperous and unified post-pandemic Africa.

Many African higher education institutions excel in specific fields. The quality of programmes and research is not uniform throughout institutions. We need to lead the world in recognising each other’s strengths to produce intensified collaboration in capacity development and research. In doing this work, higher education will go far beyond repeating and mimicking colonial patterns, or if you wish, it will go beyond colonial boundaries. It will be a key driver in finding responses to the cross-cutting challenges that need to be resolved to fulfil the aspirations of Africa’s Agenda 2063. Indeed, by leveraging the complementary strengths of its higher education institutions, the continental higher education system could become a critical force shaping a positive post-COVID-19 African reality. Pan-Africanism in higher education should not be limited to isolated initiatives such as the development of the Pan-African University, but should establish a framework for sustained continental academic collaboration.  

As African universities prepare to contribute to the celebrations for the 57th anniversary of the OAU, they should consider how they can strengthen intra-African collaboration to achieve the pan-African vision of ‘an integrated, prosperous and peaceful Africa, driven by its own citizens, representing a dynamic force in the international arena’ (AU vision statement). 

Fortunately, there are excellent points of departure. Laudable programmes such as the Association of African Universities staff exchange programme already exist, yet much of the intra-African higher education collaboration is still financed by foreign donors. The African Union, African governments, and the African higher education sector influence the structure of those programmes through consultation, and consequently minimise the risk of them responding to the international perceptions of African needs rather than real African needs. This should be strengthened, not least through committing equity to the formulation of joint programmes. 

For the brave new world in which we must make space for our children to thrive, brave new African frameworks for collaboration should be developed. Energy must be invested in removing obstacles to African higher education collaboration. Some of the things that need to be done are well known. Practical measures could include strengthening the harmonisation of African higher education accreditation and quality assurance mechanisms, establishing an African credit recognition and transfer system, and fast-tracking the harmonisation of African higher education programmes. The celebration of 2020 Africa Day should encourage African higher education to work towards devising a strategy for strengthening collaboration, which would assist the continent in shaping a positive post-COVID-19 African reality. If this can be achieved, African universities could emerge as genuine agents of achieving solidarity and development in post-pandemic Africa, and thus realising the ideals of the OAU.

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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