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25 November 2020 | Story Prof Francis Petersen | Photo Sonia Small
Prof Francis Peterse, Rector and Vice-Chancellor of the UFS.

Opinion article by Prof Francis Petersen, Rector and Vice-Chancellor of the University of the Free State

We are currently witnessing a time of the year that has become associated with intense campaigning against gender-based violence.

In the same way, it is also the season for school and university examinations and the annual holiday season. We also seem to have adopted a season for activism.

The 16 Days of Activism period, initiated by the first Women’s Global Leadership Institute in 1991, sees countries around the globe staging anti-abuse campaigns from 25 November (International Day for the Elimination of Violence against Women) to 10 December (Human Rights Day). 

And while every effort to focus attention on our country’s disturbing problem of gender-based violence remains important, we also run the risk of not only restricting our efforts to a certain period of time, but of ‘normalising’ the phenomenon of abuse. 

It is as if we are simply accepting that abuse is as unavoidable as end-of-year examinations or the upcoming holiday season. 

A second pandemic

In the light of President Cyril Ramaphosa’s acknowledgment earlier this year that gender-based violence (GBV) is as much of a pandemic as COVID-19, it would make sense to evaluate the response to our GBV scourge against the standard reaction to a pandemic of any nature. 

There has certainly been criticism of the way governments around the world have handled the threats posed by COVID-19. 

But I believe there are important lessons we can learn from the way leadership around the globe has dealt with this pandemic.    

Lesson 1: The Power of Priorities

It has become clear that once a threat is identified that is deemed serious enough, it takes prevalence above most other priorities. Action to address this is normally immediate and far-reaching. There is also general buy-in from the vast majority of citizens, accepting that all this is necessary and in everyone’s best interest. Only after this all-important first step has been made, subsequent issues such as legislation, funding, communication, and a plan of action can fall into place.

Lesson 2: The Power of Interruption

Once a pandemic is clearly prioritised, it is normally followed by an immediate break from the status quo. This break is sometimes partial, sometimes absolute, but almost always immediate.

It is born out of a general realisation that things cannot continue the way they are. That new ways of thinking about and doing things need to be adopted – and adopted at once.  Practices and habits that allow the threat to fester and grow are summarily changed or abandoned altogether.  

When one looks at the painfully slow progress that we are making in addressing gender-based violence in our country, it seems clear that we fall dismally short of the appropriate reaction to a pandemic.

Policy Framework a step in the right direction

Encouraging progress has, however, been made in the pre-lockdown period. 

In May last year, then Education minister Naledi Pandor appointed a ministerial task team to look into sexual harassment and violence at universities. One of the areas they assisted in, was to advise the department on the introduction and implementation of a policy framework to help institutions deal with gender-based violence. This policy framework was released by the Department of Higher Education, Science and Innovation in early August 2020.
Another positive development was the call last year by our 26 heads of public universities under the banner of the university vice-chancellors’ body, Universities South Africa (USAf), to act decisively in addressing violence against women amid escalating incidents of violence against women on university campuses in the country. 

USAf CEO, Prof Ahmed Bawa, reiterated the need for the kind of ‘interruption’ I referred to earlier, when he said: “If we want our society to change for the better, we need to respond differently to the decay that we’re increasingly witnessing in our society. Universities need to lead South Africa towards that change.”

Redefining education 

But just how do we do that? 

There are no simple solutions. But I believe a key factor is to focus on prevention and not only on reaction. We need to concentrate our efforts on creating the kind of citizens for whom abuse is simply not an option.

Our school and tertiary curriculums are sometimes criticised for not containing enough practical life skills. And although a lot of headway has been made to address this in recent years, I believe we need to critically look at the value we attach to these learning areas, and re-energise our efforts to communicate them effectively to learners and students. 
In the end, ‘education’ entails so much more than just teaching facts, figures, and concepts. We need to transfer a deep understanding of respect, equality, and tolerance along with our academic programmes.

At the University of the Free State, we implemented our unique UFSS module a few years ago. It is a compulsory module for all study fields and a prerequisite for completion of a degree, aimed at not only ensuring that students are successful in the world of work, but also that they form part of the next generation of responsible citizens in various ways. Initiatives like these need to be copied, continued, and intensified. 

Lesson 3: The Power to Adapt

At a recent protest against gender-based violence outside Parliament in Cape Town, one of the posters caught my eye.
“Being a woman in South Africa is to already have one foot in the grave,” it stated. It saddened and upset me greatly.
In a society that relies heavily on women in a social, professional, and leadership context, we simply cannot afford to have our women exposed to this kind of fearful reality.

And here lies another lesson from the COVID-19 pandemic: how quickly societies around the world could adapt to a new way of doing things. 

A vital pre-requisite though, is general buy-in from everyone involved. 

Women are vital for South Africa’s future

Judging by the pronouncements made by some of the most influential voices in government, education, and civil society, plus the unabated vigour of anti-abuse activists, we seem to have taken the first lesson of priorities to heart. 
 
What we now need is an interruption of the status quo, a significant and deliberate break away from condoning toxic masculinity and twisted paternalism; from turning a blind eye to even the smallest instance of abuse; from accepting bullying and an imbalance of power; from shirking our duty as educators, simply because it is safer to focus on purely academic learning content.  

And then we need to adapt – systematically and swiftly implementing a culture of human rights, respect, and equality in every sphere of society.

We need to do this, because we realise that there is a pressing urgency that comes with a pandemic. We need to move to a ‘new normal’ where women don’t feel that they are living with one foot in the grave. A ‘new normal’ where both their feet are firmly on solid ground, supported on either side by government and civil society – leading balanced lives as caregivers, business and industry leaders, and agents for change. 

We must do what is needed to rescue our women from the clutches of a pandemic. 

Because South Africa needs them.

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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