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SONA 2021 – A dream deferred yet again

15 February 2021 | Story Prof Sethulego Matebesi | Photo Sonia Small

Dr Sethulego Matebesi — Prof Sethulego Matebesi is a senior lecturer and Academic Head of the Department of Sociology at the University of the Free State.

Opinion article by Prof Sethulego Matebesi, Senior Lecturer and Academic Head of the Department of Sociology in the Faculty of The Humanities, University of the Free State.

In Langston Hughes’ poem, Harlem, the opening line poses a simple yet profound question: ‘What happens to a dream deferred?’ Hughes then arrives at a provocative conclusion: ‘Maybe it just sags like a heavy load. Or does it explode?’

In sharp contrast, President Cyril Ramaphosa’s 2021 State of the Nation address expectedly began by sharing a story of hope, resilience, and inspiration. In a slight departure from his usual presentation style, powerful rhetorical and inspiring themes were a notable feature of the President’s address. By highlighting South Africa’s COVID-19 vaccine rollout programme, boosting the unemployment rate, economic recovery, and fighting corruption as the government’s key priorities, the President wove together the challenges and opportunities we face as a nation.

Pitfalls of the mass vaccination drive

Thus far, the South African government has led a commendable intervention strategy against the coronavirus. While there seems to be a concrete vision of how to implement the mass vaccination drive, the realisation is there is overwhelming evidence of how various challenges have compromised immunisation programmes in the country. Adopting the current Expanded Programme on Immunisation (EPI) strategies to champion the COVID-19 mass vaccination drive will be insufficient in the context of porous borders, overwhelmed primary healthcare workers, and intense and significant epidemiological changes of the virus. The last challenge is not only akin to SA. Therefore, it is imperative that a better understanding of population mobility and more targeted and evidence-informed strategies will be crucial in mounting a sufficient mass vaccination drive.

Unemployment – a mixed bag of fortunes

Long before COVID-19 ravaged the South African labour market, unemployment has been one of the country’s key challenges. In a country where half of the youth are unemployed, it was expected that SONA 2021 would provide a glimmer hope to subvert the poor socio-economic outcomes of unemployment. But the dream for many unemployed South Africans remains out of reach as short-term initiatives such as the extension of the Special COVID-19 Grant of R350 and the Presidential Employment Stimulus will not be able to cushion the ravages of long-term unemployment many South Africans have to endure. Despite the delays and teething implementation challenges of these employment relief packages, they will again face a breaking point when these interventions end.

The COVID-19 pandemic has undoubtedly led to an unprecedented number of job losses. This situation will continue due to deindustrialisation, depressing investment and the complacency of South African institutions. For example, the President mentioned several relief measures, including the Public Employment Programme, which created 3.2 million work opportunities. However, there remain serious doubts about planning around youth employment.

The President stated that the government reached 1,000 businesses by International Youth Day in August 2020, is a far cry from the 15,000 start-ups planned to be supported by 2020. Another complicating factor is that institutions like the National Youth Development Agency (NYDA), which has to play a leading role in assisting young citizens to become successful entrepreneurs, is highly politicised and embedded in the intra-political battles of the ruling party. The fact that there is still no board for the NYDA is indicative of the challenges of fighting youth unemployment. Effective managerial accountability and control of financial resources will go a long way in assisting agencies such as the NYDA in meeting their mandates.

Economic recovery and corruption

The President’s speech highlighted a myriad of plans to restructure, rebuild and revive the South African economy. Comparatively, the President's fifth SONA had more detail about milestones reached and practical strategies to implement plans. Expectedly, he also lamented the impact of state capture and the COVID-19 pandemic.

South Africans are now looking to finance minister, Tito Mboweni’s upcoming national Budget Review for details on how the government will fund the President's priorities. However, attempts to grow an ailing economy are impeded by the continuing energy supply crisis, the lack of scope to utilise digital technologies to shape economic opportunities, and rampant corruption.

The measures against corruption mentioned in the State of the Nation are welcomed. The same cannot be said about the political commitment to deal with the challenge. But what difference will the launch of a National Anti-Corruption Advisory Council make if the government fails to act decisively on the Auditor-General’s reports which highlight an average of R50billion in irregular expenditure annually? Pronouncements by the President about fighting corruption have become a norm. There are pockets of success in this regard. Yet the scourge of corruption and greed in government institutions continues unabatedly.

Global experience has shown that robust, transparent and accountable public institutions can be catalytic in securing and sustaining good governance. Without good governance, our youth will continue to stand on street corners looking for jobs, many will continue to go to bed on empty stomachs, our lights will remain off, and we will continue to be imprisoned in our homes due to the high crime rate in the country.

Only time will tell what will happen to dreams deferred yet again.

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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