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16 October 2020 | Story Prof Theodore Petrus | Photo Supplied
Prof Theodore Petrus is Associate Professor of Anthropology at the University of the Free State.


The recent events in Senekal in the Eastern Free State have, for the umpteenth time, thrust the related issues of farm murders, racial tension, violent crime, and the responses of political leaders to these issues on the national agenda. The latest outrage was sparked by the murder of farm manager Brendin Horner. On Tuesday 6 October 2020, demonstrators – mostly white farmers – embarked on a violent protest at the Senekal Magistrates’ Court, following the appearance of two suspects for allegedly murdering Mr Horner. According to reports, a gunshot was fired, and a police vehicle was set on fire. 

In response, EFF leader Julius Malema called on his ‘ground forces’ to attend the Senekal trial of the murder accused, scheduled for 16 October 2020, to ‘defend’ state property and democracy. This response has generated a polarised reaction from the public, with some supporting this call, while others criticised Malema for inciting violence and racial division.

This drama is playing out while the country is still reeling from continuing incidents of gender-based violence and violence against children.

Violence in South Africa

This begs the question: Do we have a culture of violence in South Africa?

The concept of culture is often used (and misused) to refer to a range of different things. For some, culture refers to the observable distinctive traits of a particular group or collective, such as dress, food, or technology. For others, it refers to more abstract traits such as language, beliefs, or customs and traditions. For still others, culture refers to an appreciation for human expression in the form of art and music. Culture is all of these things, but it is also more than this. 

Anthropologically, culture is a central concept that helps us to make sense of human social dynamics and behaviour across all times and locations. As such, culture is seen as a complex system that both shapes, and is shaped by, humans within specific contexts. Culture thus has three key characteristics that concern us here. First, culture is shared. Second, culture is learned. Third, culture is symbolic.  

The question of whether or not we are in a culture of violence in South Africa raises further questions about whether we can, or should, speak of a culture of violence in the first place. What can we observe if we analyse this concept in relation to the three characteristics of culture outlined above?

Is violence shared?

As a country, we indeed share a history of violence. We share a history of multiple levels of violence, including structural, political, economic, social, and even cultural violence. We also share in the mass media consumption of violence, be it through movies, television, or even news reports of violence in our society. 

Is violence learned?

A culture survives over time because it is learned by successive generations. Values, beliefs, customs, practices, language, and many other symbols of culture are transferred from generation to generation through enculturation or socialisation. Experiences of violence, whether as perpetrators or victims or both, are inherited by successive generations. This is why we see many examples of history repeating itself in, for example, violent protests, or excessive force by police, or perceived violence inciting rhetoric. None of these are new, as there are various examples throughout our history as a country.   

Does violence have any symbolic significance?

What does violence mean in South African society? What is its symbolic value? Violence has become like a language. It is a form of communicating or expressing a range of negative emotions and attitudes, including anger, frustration, fear, anxiety, intolerance, and disrespect for basic human rights. It is still perceived by many as a valid symbol of resistance and may be justified on this basis. How often do we hear people involved in violent protests saying that “violence is the only language the government understands!” Thus, violence certainly has symbolic value in the South African historical and contemporary context. 

From the above, it could well be argued that, in terms of the three characteristics of culture, there indeed exists a culture of violence in South Africa. 

Addressing the culture of violence 

But what can we do about it?

Perhaps the best way to address the culture of violence, is to start with the successive generations. In any society, if you want to change the culture, you need to start with the youth. Cultural values are more easily shaped and adopted by the youth than by older generations who tend to be more rooted and set in their ways of thinking and behaving. If we want to change the culture of violence, we need to start changing the values, attitudes, and traits that may engender violence among the youth. These changing values then need to be enculturated among the youth in the hope that it will be internalised sufficiently to promote new ways of thinking and behaving.

How do we achieve this? By demonstrating proper leadership and by being the examples that we want our youth to become. We cannot expect to dismantle the culture of violence if we have leaders who, whether intentional or not, are perceived to be promoting the very values that encourage violence and anarchy. We need to demonstrate a willingness to use more productive and constructive ways to resolve differences or conflict, other than resorting to destruction of property or harming others. 

Lastly, it is imperative that we address the structural violence of an enduring social and economic system that continues to victimise and marginalise many. Culture and environment are interlinked. In order to change the culture of violence, we need to change the environment of violence. 

 

Opinion article by Prof Theodore Petrus, Department of Anthropology, 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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