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18 May 2020 | Story Dr Marinkie Madiope | Photo Sonia Small (Kaleidoscope Studios)
Dr Marinkie Madiope.

In IsiZulu, there is a saying that goes, ‘indlela inbuzwa kwa ba phambili’, which can be loosely translated into, ‘direction is asked for, from those who’ve walked the path’. According to the illustrious Credo Mutwa, in his seminal masterpiece, Indaba my Children, 

“these are the stories that old men and old women tell to boys and girls seated with open mouths around the spark-wreathed fires in the centres of the villages in the dark forests and on the aloe-scented plains of Africa. Under the gaze of the laughing stars the Old One sits, his kaross wrapped around his age-blasted shoulders, staring with rheumy eyes at the semi-circle of eager expectant faces before him – faces of those who have taken but a few steps along the dark and uncertain footpath called Life – faces of the ones yet oblivious to the pain of life’s bitter scourges – faces yet unmarked by furrows of bitterness, ill-health and anger – the fresh, pure, open faces of…children. The fire dances in the middle of the round clay fireplace like a virgin revelling in the simple joy of being alive. It devours the dry twigs and logs that a little girl is constantly feeding it, leaving nothing but glowing ashes. It mocks the silent sky with a redly luminous column of smoke against its starry face and by sending up short-lived stars of its own”|

As the birthplace of humankind, the motherland, homeland, and ancestral origin of everyone on the planet, Africa is a blessed, special, and beautiful continent. It is an expansive abode of rich diversity, striking complexities and ornate nuances and peculiarities, both in its people and in its biomes.

With approximately 2 100 languages spoken by more than 3 000 ethnic groups in our population of just over 1,3 billion individuals spread across 55 countries, Africa is culturally, philosophically, and linguistically a very wealthy land.
Our shared, priceless heritage is littered with shining examples of the excellence, resilience, ingenuity, fortitude of character, strength, spirit, and love of our people. We have adapted to desertification, unshackled ourselves from slavery, replenished ourselves from years of famine, battled deadly viral diseases, nursed ourselves out of internecine conflicts, liberated ourselves from colonial oppression, and together, through it all, held fast the inherited role we collectively hold as custodians of humanity.

As Enock Maregesi spiritedly states:
“We are the children of Nelson Mandela; we are the children of Kwame Nkrumah; we are the children of Haile Selassie; we are the children of Samora Machel; we are the children of Robert Mugabe; we are the children of Patrice Lumumba; we are the children of Julius Kambarage Nyerere. We know who we are!”

And in this reverent knowledge of who we are, where we come from and what we have experienced to bring us to this present day where we celebrate our languages, our customs, our traditions, our ethnicities, our similarities and differences, our uniqueness, our Africa, and by virtue of that, our Africanness, we not only remember, but resonate with the heart-stirring words of Dr Kwame Nkrumah, “I am not African because I was born in Africa, but because Africa was born in me!”

We are grateful for the providence with which our continent has been virtuously spared from the unprecedented eventualities that have become synonymous with the leap year of 2020. The onset of the global lockdowns following the declaration of COVID-19 as a pandemic, averted a situation that could have escalated into a third world war; decreased the worldwide carbon emissions and pollution drastically; and served as a clarion call to unite humanity in the common goal of the preservation of human life. In spite of the hardships that came with re-adjusting our focus back to self-sufficiency, self-preservation through social distancing, and redefining what we term as essential, all of humankind has joined in remembering. Remembering how to do for self, remembering to care for those in need, remembering to cherish and respect the planet, and most importantly, remembering their African ancestry.

As we dutifully charter forth through the eternal passage of time, continuously evolving in conscious intelligence, consistently preserving human existence and steadily riding the throes of modernisation by globalisation, we invite all of humankind to take heed of our guidance, and ask for direction from those who have walked the path before. Let us illuminate the way forward for our planet by using the knowledge and ways that have been laboriously and painstakingly preserved for us by our forebearers though centuries of oppression, apartheid, discrimination, and derogation. 

We overcome. We inspire. We rise. We adapt. We thrive. It is our legacy to steer humankind back home, back to basics, back to mother earth. The historic events that have marked the first half of 2020 have highlighted to the world the inescapable importance of the cardinal African values of Ubuntu and a sustainable co-existence with nature. 

No, we are not African because we are born in Africa, we are Africans because Africa is born within us. Let us construct for the world a new model of being, a model of old, a model of nature, a model of our African nature.

On this Africa Day, go forth African child, and remember your sacred duty. Live your glorious destiny. Show the way for the rest of humanity. Mayibue!!!

Dr Marinkie Madiope is the Principal of the South Campus 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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