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02 August 2021 | Story Sanet Madonsela | Photo Supplied
Helen Zille unpacking the notion of ‘wokeness’ and its context within the broader South Africa during a virtual book discussion with Prof Hussein Solomon.

The Department of Political Studies and Governance at the University of the Free State hosted Helen Zille, Chairperson of the Federal Council of the Democratic Alliance, to discuss her book #StayWoke: Go Broke: Why South Africa won’t survive America’s culture wars (and what you can do about it). Zille was in discussion with the Academic Head of Department, Prof Hussein Solomon. She unpacked the notion of ‘wokeness’ – also known as the ‘critical theory’, as well as the emergence of a ‘cancel culture’ in broader society.

Zille explained how the woke ideology combines post-modernism and neo-Marxism and why intersectionality often features in the lexicons (vocabulary) of South African universities. 

Wokeness and its threat to our Constitution 

Zille explained that wokeness threatens South Africa’s constitutional democracy. “Unlike America, South Africa’s democratic institutions are fragile and new and may not be able to survive the wave of wokeness,” she said. She further explained how the ‘properly wokes’ request to have separate graduations for African students could not work and how South Africa’s Constitution promotes inclusion.  

Zille believes that the country needs its young people to be critical thinkers, as this can assist in stabilising the country’s economy and internal challenges. She believes that society needs a range of paradigms to make sense of the world, processes, programmes, and history and that it should not be overly reliant on a singular view, as this could have negative implications on the country in the long term. Zille concluded that she remains hopeful for the country, as its citizens are intelligent, sensible, ethical, and rational enough to move it forward and assist in reaching its full potential.  

Wokeness aims to overthrow societal hierarchy 

Zille notes in her book that 'wokeness is an attempt to invert ‘society’s conventional hierarchy of privilege in order to promote marginalised identities.'  This stems from a struggle against inborn attributes of personal identity such as race, sex, sexuality, gender, and disability. It believes that society comprises power hierarchies that determine what should be known and what shouldn’t, as well as how events and actions should be interpreted. It believes that social justice activists need to expose unequal power relations and dismantle them in order to achieve social justice. 

Unequal power relations in this regard include racism, sexism, homophobia, transphobia, fatphobia, and other prejudices. Moreover, it argues that knowledge needs to be decolonised in order to achieve social justice. Decolonisation would require stripping knowledge of the methods and contents used in Western society. While it ‘seeks’ to promote inclusion, wokeness has begun to symbolise an extreme intolerance and is often used as a tool to enable a cancel culture. As a movement, it has been used to tear down statues, deface paintings, and monitor others’ speech infringements to ensure conformity. Rather than engage in rational debates with those who share dissenting views, online woke communities silence people with opposing views. This threatens social progress. Zille’s book represents a valuable contribution and a necessary attempt to understand the phenomenon and why it would not work in the South African context. 

Having personally experienced the wave of wokeness and cancel culture, Zille is well placed to advise others experiencing such tactics. She advises them to recognise what happened and to remain calm; to question whether they said or did anything objectionable or whether they just undermined the woke narrative; not to apologise or resign, as it feeds into the narrative that they have done something wrong; to seek legal counsel if they can afford it; not to engage online mobs; and not to give up. 

Watch recording of webinar below:


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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