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21 September 2020

MESSAGE FROM THE RECTOR AND VICE-CHANCELLOR: UPDATE ON DEVELOPMENTS AT THE UFS

I hope you are well, healthy, and safe. I have experienced an overwhelming sense of commitment from staff and students across the university to make a success of the 2020 academic year. Thank you for working together towards this common goal.

Currently, we have a significant number of students back on the campuses in line with the university’s reintegration plan, and others are continuing with online learning. On 16 September 2020, President Cyril Ramaphosa announced that the country will move to alert Level 1 as from midnight on Sunday 20 September 2020. During Level 1 of the national lockdown, we will continue to return staff and students in a structured and phased approach according to the university’s reintegration plan. However, we are still unable to return all our students to the campuses, as we have to adhere to physical distancing and hygiene measures and also have to take into account the capacity of the lecture venues on the campuses, but most specifically the residences.

Please note that you will be informed by your faculty if you are required to return to campus during Level 1. If you have NOT been contacted, you will be supported through remote multimodal teaching, learning, and assessment until you are informed by your faculty that you can return to campus.

Data shows that most of you have adapted well to the blended learning modes – I find it admirable and inspiring. Rest assured that your lecturers are continuing to work hard to deliver a quality teaching and learning experience. Please use the #LearnOn material as a guide to plan for the second semester and engage with your lecturers on academic problems or consult with your faculty structures to find suitable solutions.

The university is aware that international students who have been residing outside of the country during Levels 5 and 4, may return to campus during Level 1; we will communicate with these students in due course.

I am confident that you are focused and committed to completing the second semester. We have prepared a safe environment for students who are returning to campus during Level 1. Sufficient hygiene measures are in place, as well as re-configurations to ensure physical distancing. The wearing of masks, physical distancing, and hand sanitising remain compulsory on all the campuses.

During Level 1, campus access will remain restricted – only those with campus access permits will be allowed to enter. Space in our residences remains limited due to physical distancing and residence students must comply with the protocols in their respective residences. See the Return to campus of students_Level 1 of national lockdown document for more information.

Although our country will be on Level 1 of the national lockdown, it is still extremely important that you remain vigilant and take ownership of your health and look out for the health of those around you. Ultimately, your health is your responsibility. Please do not let your guard down and adhere to the protocols and regulations – for your own safety, and for the safety of others.

It is also important to keep your mental health in check – make use of the #WellbeingWarriors campaign from our Department of Student Counselling and Development, which is aimed at encouraging health and well-being among students. Visit the COVID-19 website for comprehensive information and updates.

Although the infection rate in our country is decreasing, remember that the COVID-19 pandemic is still testing every aspect of society; we must not underestimate the impact that the pandemic still has on local and global communities. Take care of yourselves and those around you and comply with the national guidelines and regulations.

I wish you all the best with your studies.

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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