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15 February 2021 | Story Supplied | Photo Supplied
Dr João Vidal is a research fellow at the Department of Plant Sciences and the Afromontane Research Unit (ARU) at the University of the Free State (UFS).

According to United Nations data projections for 2100, sub-Saharan Africa is set to experience a demographic explosion. The most rapid population growth zones in Africa are in or around mountains and the importance of managing these mountain ecosystems sustainably in order to maintain the benefits to such a growing population is critical, says Dr João Vidal, a research fellow at the Department of Plant Sciences and the Afromontane Research Unit (ARU) at the University of the Free State (UFS). 

The link between human population growth and the demand for water will impact these mountain grasslands. All of Africa’s important rivers originate in mountainous areas. The sustainable management of African mountain landscapes is thus vital for the sustained provision of quality water in suitable quantities. “Water is already limited in some places. This year we are facing another drought in South Africa, and if it was not for the mountains, it could have been much worse. The long-term resilience of Southern Africa’s mountains and their ecosystem services should be an absolute priority for both research and conservation,” says Dr Vidal.

Human population growth has several implications

As a mountain ecologist, his recent research is centred on developing indicators for monitoring biodiversity change in Southern Africa’s mountains. This is a collaborative research project with the South African Environmental Observation Network (SAEON), Ezemvelo KZN Wildlife, and the University of Pretoria.

Human population growth, as predicted for Southern Africa, has several implications for natural-resource management and biodiversity conservation. “Southern Africa has one of the highest proportions of grassland-dominated mountains in the world, comparable only to Central Asia,” says Dr Vidal. 

In December, UN Secretary-General António Guterres said during the launch of the 2021 Global Humanitarian Overview: “Conflict, climate change and COVID-19 have created the greatest humanitarian challenge since the Second World War. The number of people at risk of starvation has doubled. Hundreds of millions of children are out of school. Levels of extreme poverty have risen for the first time in 22 years.”

According to Dr Vidal this new scenario significantly increases the pressure on mountain environments and their biota, since people will have to find alternative ways of feeding their families, their animals, while the economy struggles to recover globally.

Through his research, Dr Vidal – together with a growing community of practices for Southern Africa’s mountains – aims to understand the socio-ecological functioning of these montane grasslands in order to encourage a science-policy-action interface for their sustainable management in a changing world. 


Alternative ways for measuring environmental change in mountains

Since much global mountain research is focused on forest-dominated mountains, Dr Vidal and his collaborators are developing specific tools to track climate change in grassy mountains.
He explains: “When you look at the available tools for tracking climate change in mountains, you have a tree line for many mountains in the world. However, with the Southern African grassy mountains, it is impossible to use such a tool. We are working on alternative ways for measuring environmental change in our mountains.

“As it gets warmer, certain communities of grasses may retract towards higher elevations because they need a certain minimum temperature to survive. The problem seems to be that current climate change is occurring at a much faster rate than most species might be able to retract. This means that higher temperatures may lead to habitat losses for temperature-vulnerable groups.

“Climate change is also making mountains increasingly vulnerable to ecological invasion by non-native species. The severe temperatures in mountains are a good barrier for many problematic lowland species. But with warmer temperatures in the mountains, these barriers are being weakened, increasing the number of potentially invasive plants in our mountains. With higher temperatures there is potential for a large guild of invasive trees to overrun grassland mountains affecting waterflow into dams and rivers. Examples are pines, willows, gums, and wattles, to name a few.

“The presence of invasive trees, especially along rivers, has long-term negative impacts on the functioning of mountain catchments. These trees destabilise riverbanks, extract large amounts of water, and cause local extinction of endemic montane biodiversity. In drier environments such as grasslands, this exacerbates the fragile water productivity,” he adds.

Global policymakers to recognise the value of grassy mountains 

It is important to draw attention to the value of natural grassy mountain systems around the world and to how threatened they are. The world’s grassy mountains need to be better studied and better placed on the global stage. This will encourage policy makers to recognise these systems and implement appropriate measures to facilitate their sustainable management. 

For the first time in 20 years, the recent International Panel of Climate Change (IPCC) report to the United Nations included a chapter focusing solely on mountains. “Policymakers are finally realising how disproportionately important mountain environments are and how dramatically they are affected by climate change,” says Dr Vidal. 

However, African mountains are underrepresented in research literature; it is the only continent for which there is no data included in the IPCC report. There is an urgent need to represent African mountains – especially Southern Africa’s mountains – on the global stage when it comes to climate change,” states Dr Vidal.

Dr Vidal is conducting this study in partnership with Dr Ralph Clark, Director of the ARU on the UFS Qwaqwa Campus

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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