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

As we as a South African nation prepare to celebrate Heritage Day on 24 September, and as we reflect on our heritage during Heritage Month, what stands out clearly is that this year’s heritage celebrations will be somewhat … different. It will not be like previous celebrations because as a country, we – along with our fellow continental and global citizens – have experienced what can be described as one of the greatest health, social, and economic challenges that we as a species have ever faced. The repercussions and impact of the COVID-19 pandemic will be felt for some time to come. And it is this realisation that may cast a little damper on our celebrations during this #Heritage Month.

But what can our shared heritage as South Africans teach us about who we are as a people, and how can this knowledge help us to adapt to and overcome the long-term challenges wrought not only by the pandemic, but also by the many other challenges facing us? 

Heritage Day is a celebration of our cultural heritage and diversity as a nation. It presents us with an opportunity to reflect on our individual and collective heritage. It is also an opportunity for us to take stock of the cultural and other resources that enable and empower us to take ownership of what we want to be as a nation, as a country, as a people. 
So, in view of the questions raised earlier, here are some ideas on what I think our shared heritage can teach us:

1. The heritage of where we come from

Inasmuch as our past is a painful one – a past that still has lingering effects decades after the transition to a democratic dispensation – it still plays a fundamental role in shaping who we are now, and who we want to become.
Colonialism and apartheid sought to suppress our indigenous cultures and traditions, and had a negative impact on our psyche, self-confidence, and dignity as indigenous and African people. But one positive that came from this, is that if it was not for our shared heritage of colonialism and apartheid, we probably would not have become the nation we needed to become to bring it to an end.  

Instead of destroying symbols of that painful past, we need to shift our perspective to re-interpret those symbols in a new way. The power of cultural symbols lies in their meanings. Symbolic anthropologist Victor Turner spoke about the ‘multivocality of symbols’, meaning that we can ascribe whatever meanings to our cultural symbols we choose. Let us reflect on how we can change the current meanings we ascribe to our cultural symbols that reflect an awareness of how the heritage of where we come from does not keep us trapped in negative and painful meanings of these symbols, but instead inspire us to create new positive meanings.

2. The heritage of where we are now

After 1994, we began the process of creating a new contemporary heritage as a nation struggling to free itself of the burden of a painful past. And while it was difficult, we have made significant strides. Yes, we do still face challenges rooted in the past: institutional and structural violence; race and diversity-related issues; intercultural and intergroup conflicts; crime and violence against men, women, and children; corruption at various levels of governance; and others. We are also faced with ‘newer’ challenges as a country that is part of the globalised world. Poverty, inequality, unemployment, slow economic growth, and ailing infrastructure are all contemporary problems, some of them rooted in the past, others the product of the contemporary context. 

What can we learn from our shared heritage of where we are now that can help us to overcome these contemporary challenges? We need to remind ourselves of what we are capable of as a nation. We have ended an oppressive regime, not once but twice. And, with all of the challenges, problems, and obstacles, we are still here.

3. The heritage of where we are going

This might sound strange, because heritage usually refers to the past and present. Rarely do we speak of heritage in a future-oriented context. However, as a nation, given our past and given our present, where we come from and where we are now determines where we are going. 

As South Africans, we need to ask the question: where do we want to go? Are we heading in that direction? If not, how do we change course so that we do go in the right direction? I have no simple answer. But what I can suggest is that it should start with critical self-reflection, both individually and collectively. We also need to ask ourselves what legacy we want to leave for future generations. Do we want them to still be struggling with the same problems and challenges that we are dealing with right now? Or do we want to leave them a legacy of a nation that stood up to its challenges, took ownership of them, and found a way to overcome them?

A globally devastating pandemic. A painful past. A present wrought with seemingly insurmountable obstacles. As a South African, as a child of the soil, I know that as a nation we can overcome, and we can emerge better and stronger. That is our heritage. The heritage of hope.

 

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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