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06 October 2020 | Story Leonie Bolleurs | Photo Supplied
Dr Kgosi Mocwagae explored the Qwaqwa water crisis because at a young age, he could not understand why the community in which he grew up faced so many water challenges despite a high presence of water from rivers, consistent rainfall, and streams bursting from the ground.

Dr Kgosi Mocwagae, Programme Director and Lecturer: Department of Urban and Regional Planning, received his PhD qualification during the October virtual graduation ceremonies.

His study, titled Exploring the Qwaqwa water crisis for effective planning post-apartheid, focuses on the water crisis in the Qwaqwa area, which commenced on 1 January 2016 and saw people without access to clean drinking water from their taps. The community had to turn to alternative means, such as collecting water from government-contracted water tankers, rivers, emergency hydrants, and wells.

Understanding the water crisis

Dr Mocwagae says the reason why he took up this study was because at a young age, he could not understand why the community in which he grew up faced so many water challenges despite a high presence of water from rivers, consistent rainfall, and streams bursting from the ground.
 
In this study, he aimed to explore the history of water policy in South Africa, together with the water crisis in Qwaqwa. He also documented the lived experiences of the affected Qwaqwa communities to determine the effect of not having access to clean drinking water in terms of quality of water, time, money, and distance travelled, to name just a few. 

Dr Mocwagae furthermore assessed interventions by various actors during the Qwaqwa water crisis, which included accessing water from municipally contracted water tankers, streams and rivers, rainwater harvesting, donations, paying for delivery of water, boreholes, and emergency water hydrants intended for fire breakouts. He also investigated the implications of the Qwaqwa water crisis for effective planning in post-apartheid South Africa.

He states: “Despite reports from the government that the Qwaqwa water crisis was an issue from 2015 and a result of drought, the study proved differently.” 

Water crisis due to poor planning

“Firstly, the water crisis was a cumulative effect of poor water planning since the founding of Qwaqwa as a homeland in 1974. Further to this, Qwaqwa has not been able to sufficiently provide water to the community from 1974 to date.”

Dr Mocwagae continues: “A major contributing factor to the water crisis was that the three dams in the area were still performing their primary functions as established during apartheid. Planning would have to be done to reprioritise water to Qwaqwa.

He also found that the municipality had not planned and invested in the maintenance and development of water infrastructure to provide water. 

The study was also able to demonstrate that there is a form of socialisation in planning that does not prioritise the community of Qwaqwa. In this community, more than 50% of the people live in poverty. According to Dr Mocwagae’s findings, the idea exists that the community first needs to be viewed a worthy economic contributor in order for them to benefit from water that originates from Qwaqwa. 

“Alternative means of accessing water and water-use education are also needed as part of the process of resolving the Qwaqwa water crisis,” says Dr Mocwagae. 

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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