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26 April 2021 | Story Dr Emmanuel Mayeza
Dr Emmanuel Mayeza
Dr Emmanuel Mayeza is a Senior Lecturer in the Department of Sociology at the University of the Free State.

Opinion article by Dr Emmanuel Mayeza, a Senior Lecturer in the Department of Sociology, University of the Free State

On Monday 12 April 2021, Lufuno Mavhunga, a 15-year-old female learner at Mbilwi Secondary School in Limpopo, South Africa, was aggressively assaulted by another learner at school. The video showing the humiliating violent attack was circulated on various social media platforms. Sadly, Lufuno subsequently died as a result of suicide. During the bullying incident, bystanders (her school mates) watched, cheered, laughed, and recorded videos of the incident. The alleged perpetrator (another 14-year-old female learner at the same school) has since been arrested by the police and charged with assault. The school will institute disciplinary action against the bystanders who failed to assist and protect Lufuno. Lufuno’s family, however, believes that the school did not do enough to support Lufuno after the incident was reported to the school principal.

The victimisation of Lufuno could have been prevented, and I will show in this article what can be done to stop and prevent bullying in South African schools.

Suicide: the ultimate consequence of being bullied at school

Lufuno’s victimisation and her tragic death highlight the scourge, as well as the seriousness, of the problem of bullying in South African schools. School-based bullying has various consequences for everyone at school, but victims often incur the most devastation from bullying. The consequences of being bullied at school include the development of psychological and emotional problems such as distress, damaged self-esteem, anxiety, depression, and suicidal thoughts. If these problems are not addressed timeously or appropriately, it could ultimately result in suicide. Although Lufuno’s victimisation was reported to the school authorities, the deceased young victim did not receive any professional psychological counselling following the traumatic experiences of being bullied and the video of this incident being shared on social media. It seems that the victim dealt with the bullying mostly by herself and that the people who knew about the bullying did not take her ordeal and anxieties seriously enough.

Bullying is gendered and complex: Girls as victims and as bullies

Bullying is a form of gender violence. It is based on the asymmetrical relations of power that are prevalent in our patriarchal society. The key feature of such relations is men and boys assuming authority, domination, and control through violence against girls, women, and femininities. However, Lufuno’s victimisation draws our attention to the complexities of bullying and gender power relations among learners at school. Although boys and men often emerge as perpetrators of violence against girls and women, bullying in schools is a complex issue and girls are not always the passive victims of male violence.  Both girls and boys can become victims and bullies. Bullying is an expression of power, and girls too are capable of expressing power through forms of violence against other girls and against some boys. Indeed, a recent study on bullying among learners in a South African primary school highlights the vulnerability of younger boys to violence perpetrated by older girls at school ( https://doi.org/10.15700/saje.v41n1a1858 ). Therefore, we must acknowledge that the victimisation of Lufuno by another girl is not something unique. Gender relations are dynamic, and we can see that girls too have learnt how to use violence to express power and to claim dominance over other learners in schools.

What needs to be done to stop and prevent school-based bullying? 

While the processes of the criminal justice system regarding Lufuno’s victimisation are underway, effective prevention programmes are also required in order to stop bullying at school. Such programmes must be designed with the view to empower everyone at school with skills and knowledge on how to prevent bullying from happening, and how to react appropriately when bullying is witnessed or reported. To end bullying, the school should consider addressing bystanders, improving the availability of professional support services to victims of bullying, re-thinking the curriculum, and establishing stronger partnerships with other stakeholders.

All learners at the school must be addressed in terms of the roles that they can play as active bystanders who are committed to ending bullying. Bystanders must be empowered so that they know what bullying constitutes and are able to see when bullying happens and know how to intervene appropriately to stop it and protect the victim. They must know the seriousness of bullying and its consequences, and that this includes suicide. Bystanders must understand that posting a video or a photo on social media showing someone being abused is in itself also a form of bullying. Bystanders must be informed that they have a responsibility to report any form of bullying they witness at school to the school authorities or to their parents or guardians.

When learners have reported bullying, school authorities need to take the reported incident seriously and act appropriately, especially in terms of supporting the victim. To reduce the risk of victims committing suicide, professional psychological counselling support must be offered to the victims without delay. However, the risk of committing suicide among victims of bullying can only be significantly reduced if proper resources and victim support services are available at the school. The lack of such resources and services at Mbilwi Secondary School presents a major risk for victims to resort to suicide.  

The school should also explore possibilities of developing learning programmes that will foreground bullying and raise awareness about this serious issue. Such programmes should be compulsory for all learners and must be designed to encourage learners to speak out about their experiences, perceptions, and anxieties around bullying. Consequences of bullying and what needs to be done to stop and prevent school-based bullying should also form part of the topics for discussion within such learning programmes.

However, the school cannot be successful in its efforts towards ending bullying if it acts alone. The violent behaviour that learners demonstrate at school reflects, to a large extent, the normalised violence within households and communities. The school, therefore, must form strong partnerships with parents, communities, government, religious institutions, and other relevant stakeholders to explore effective ways of addressing bullying at school. The school must engage productively with these different stakeholders, and such engagements should also include learners’ voices and perspectives on the issue of bullying and how to end it.

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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