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01 September 2020 | Story Nonsindiso Qwabe | Photo Supplied
Women
Carol Bouwer and Prof Puleng LenkaBula believe that the nation is constantly diverting to other issues that take the focus away from amplifying voices for the protection of women and children, hence no real change has taken place. Photo: Supplied

The intersectionality between politics, feminism, and social justice was unpacked extensively in the Student Affairs Women’s Month Webinar that took place on 25 August 2020. This was the second in a series initiated by the Qwaqwa Campus Student Affairs. Director of Student Affairs, Nicole Morris, said the webinars were initiated to encourage difficult conversations around womanhood in South Africa.

UFS Vice-Rector Institutional Change, Student Affairs, and Engaged Scholarship, Prof Puleng LenkaBula, and renowned businesswoman and media mogul, Carol Bouwer, were featured in the second instalment. Together they unpacked the dynamics of being a woman in modern-day South Africa in the face of the scourge of violence against women and children, as well as the transformation and greater representation of women in both positions and institutions of power.

 

Challenge the systems

Setting the tone, Prof LenkaBula said society as a collective needed to come together to challenge systems that oppress, mute, silence, and make it impossible for women to become dignified and contribute fully to the society we live in.

 “If we are to promote social justice, feminism, ethics, and gendered analysis, we have to ensure that we constantly challenge, rethink, and think again around issues that we feel are withholding women from being fully themselves.”

 Bouwer and Prof LenkaBula said the nation is constantly diverted to other issues that are shifting the focus from amplifying voices for the protection of women and children, hence no real change has taken place.

 “As someone who began working during the birth of our freedom in 1994, I think back to the elation that we felt at the creation of the constitution. There was so much jubilation about it, but we exported that excitement to the world and talked about what we had attained without practising it here.”

 “We continue to create systems and amazing documents as a nation, yet we do not implement the very things that will lead to a point where discussions such as these do not need to take place,” Bouwer said.

 Bouwer said the COVID-19 pandemic showed that South Africa had the necessary resources to prioritise gender-based violence, but those in power chose not to.

 “As we speak today, gender-based violence has become a national crisis. We talk about the intersectionality between politics, feminism, and social justice against the confluence of the opposite happening. With what happened when the COVID-19 pandemic was declared a national disaster, we’ve realised that we do have the wherewithal to mobilise for action in this nation, and it is the one thing we have not seen our leaders do,” she said.

 

Part-time feminism will not help

Prof LenkaBula said rethinking feminism was needed to move away from definitions of anti-manhood in order to promote feminist ideals that would benefit the nation as a whole.

 “As a feminist, I want to promote the idea that feminists are not promoting the defamation or marginalisation of men or stripping them of their dignity. We are saying that as men and women, no matter our gender or sexuality, we can work together to ensure that we all live with dignity, we all are equal, and we all express our talents, and are able to utilise opportunities that are available to us in fair ways.”

 Alluding to this, Bouwer said she hoped to see part-time feminism done away with in the rebuilding of society after the pandemic. “Coming out of this pandemic, may our feminism be transformed by everything that is currently happening. There is a huge injection of pathos happening right now and I hope that it is not a fad like everything else that has happened in South Africa, but that it becomes something that we really embody as we go back to whatever normal is going to look like,” she said.

 Qwaqwa Campus SRC Secretary General, Nelisiwe Masango, said the Division of Student Affairs planned the Women’s Month Webinars to discuss topics on issues that affect women directly.

 “These programmes are quite insightful and uplifting. They especially encourage young women to see that the revolution is there, it is real, and it is practical. It gives meaning to continue advocating for better and safe spaces for women. Many times, spaces of contestation are male dominated and therefore women have to be empowered to contest these spaces. These engagements must be ongoing or continuous so that we all understand the issues we are affected by and advocate for a better society.”

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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