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06 May 2020 | Story Prof Thidziambi Phendla. | Photo Supplied
Prof Thidziambi Phendla.
Our lives as we know it will never be the same again because of the Covid-19 pandemic. The education system, among other sectors, will be subjected to changes in the provisioning of teaching and learning. 

School disruptions are a familiar phenomenon in both basic and post-school education in South Africa. In recent years, South Africa has seen waves of student boycotts, disruptions, and shutdowns of universities and TVET colleges. Most disruptions lasted for a few days, while some went on for several weeks. One case in particular is that of Vuwani in Limpopo, where more than 50 schools were either vandalised or burned to ashes; nevertheless, the school year was recovered, and learners progressed to the next level. The main difference between the usual disruptions and the current situation lies in the enormity of the shutdown, given that it is clouded at a national level by unpredictable decisions made by the National Committee. 

Shortening school holidays
If the June exams were to be scrapped, the chief challenge would be the lost opportunity to evaluate and assess the extent to which the students have achieved the academic objectives stipulated for the subjects in the curriculum. June examinations for the other grades may not have a serious impact on the learner’s progress to the next class, as other forms of assessment could still be used. However, for matric learners, scrapping the June exams may have a huge effect, since learners require quality assessed examination results to guarantee entrance into higher education institutions.

Shortening of school holidays may not have a huge impact on learners, as this system has been in operation for many years. Many of the best performing schools shorten the school holidays to assist learners in Grades 11 and 12. In many schools, learners continue with normal schooling during the June holidays and rest during the last week of the holiday.  This strategy is already being used by the best performing schools in their quest to support learners to achieve excellent matric results. Depending on the number of days lost during the national lockdown, the option of shortening the June holidays may be the most commendable.

At face value, the strategy to lengthen school days may be the most preferred, as a number of schools in the country are already implementing it at a deeper level. Increasing the number of teaching hours may, however, have an adverse impact on the learners, who may experience enormous mental exhaustion. If the day is lengthened, it is advisable to consider not more than five hours per week.  

Deliver modern and classroom-targeted technologies 
To complement the time recovery mentioned above, there would be a need for a series of changes in some, if not all, the fundamental elements of the effective provision of teaching and learning discussed below. First, change in pedagogical approaches is inevitable. Therefore, classroom teaching will not be the same again. Second, teachers will be compelled to adapt to the use of assessment data in their endeavours to drive teaching and learning. Third, teaching in the 4IR will no longer be negotiable, but will demand advanced skills to deliver modern and classroom-targeted technologies.

Fourth, it will be crucial for teachers to acquire innovative skills to manage students’ undesirable behaviour and conduct. Fifth, immense attention to curriculum mapping, integrated learning, and lesson planning will be required. Last, pastoral care responsibilities that include social and emotional support strategies will help provide the foundation to support teaching and learning. 

In conclusion, the principal elements that make teaching and learning possible and attainable, are the teachers who will be required to learn new skills and approaches to fast-track recovery of learning. If the lockdown is lifted and schools are reopened, the number of learners must be reduced dramatically from the average of 50 to a maximum of 20 learners in a classroom in order to maintain social distancing.

Prof Thidziambi Phendla is currently Manager of Work-Integrated Learning at the University of the Free State. She is the Founder and Director of the Domestic Worker Advocacy Forum (DWAF) and the Study Clinic Surrogate Supervision; and Chair of the Council of the Tshwane North TVET College (ministerial appointment).


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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