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21 June 2021 | Story Dr Patricks Voua Otomo
Dr Patricks Voua Otomo
Dr Patricks Voua Otomo is the Head of the Ecotoxicology Research Laboratory and Subject Head: Zoology and Entomology in the Faculty of Natural and Agricultural Sciences at the University of the Free State (UFS).

The month of June is earmarked for the celebration of National Environment Month, with the South African government and captains of industry leading the way by stimulating awareness on environmental issues and challenging everyone to become agents for change. World Environment Day, the biggest annual event of the United Nations Environment Programme (UNEP), is commemorated on 5 June, with the aim of galvanising positive environmental action. The University of the Free State (UFS) – through researchers from the Afromontane Research Unit (ARU) housed on the Qwaqwa Campus of the UFS – is playing its part in the fight against pollution, and especially water pollution in the eastern Free State.

The ARU initiated a research project in 2021, focusing on the assessment of the quality of local natural water resources in order to foster sustainable development in Phuthaditjhaba, and because of the recurring challenges pertaining to water quality and quantity in the Maluti-a-Phofung (MAP) Local Municipality. For the first such project focusing exclusively on pollution issues in a select Afromontane region – led by Dr Patricks Voua Otomo, Head of the Ecotoxicology Research Laboratory and Subject Head: Zoology and Entomology in the Faculty of Natural and Agricultural Sciences – a vibrant team of ARU scientists and students set out to determine the ecotoxicological and bacteriological state of water resources in MAP. With the permission of MAP, ARU researchers and students were allowed access to municipal wastewater treatment plants in the towns of Phuthaditjhaba and Harrismith, and ethical clearance from the UFS permitted limited environmental sampling and laboratory testing using live organisms such as snails and earthworms.

Focusing on the quality of natural water bodies
In November 2016, Ms Portia Mosolloane (2016 honours student) presented the preliminary findings of the project at an ARU colloquium held in the Golden Gate Highlands National Park. Her work has drawn attention to potential localised incidents of terrestrial contamination linked to sewage sludge management in the region. Those early findings were published internationally, and in May 2018, Ms Mosolloane went on to present her research at the 28th Annual Meeting of the Society of Environmental Toxicology and Chemistry (SETAC) in Rome, Italy.

In an attempt to mitigate sewage sludge-induced soil pollution, Ms Nomasonto Dlamini (master’s student) conducted research from 2018 on the potential beneficial effects of biochar amendment on the sewage sludge as an alternative management strategy. The results revealed that mixing biochar with sewage sludge prior to open-air storage would significantly decrease the toxic effects on terrestrial organisms such as oligochaetes. This work is still ongoing, although in May 2019, Ms Dlamini presented some of her findings at the Fifth World Congress on Risk Development and Resilience in Cape Town.

From the start, an important focus of our research has been the quality of natural water bodies in our region and its ability to support life. In 2020, Ms Mosolloane graduated cum laude with a Master of Science, having successfully established that, particularly along polluted and degraded sections of our rivers, the diversity of riparian invertebrate was heavily skewed and reduced. Her work on water quality has suggested that our failing wastewater treatment plants (due to ageing, capacity overload, and poor management) are contributing to the release of pathogenic bacteria such as Escherichia coli in the local rivers.

Mr Mbuyiselwa Moloi (a 2020 Master of Science graduate from the project) found through his research that wastewater treatment plants only contribute partially to river pollution in the region. His work, focusing on metal pollution in the Elands River (Phuthaditjhaba) and the Wilge River (Harrismith), established that although there is evidence of metal enrichment after wastewater processing by the treatment plants, some of the metal in the rivers emanates from the communities that, due to the lack of adequate refuse removal services, often dispose of their household waste directly into the rivers. Mr Moloi’s research was presented at the 2019 International Mountain Conference in Innsbruck, Austria, and was subsequently published in the International Journal of Hygiene and Environmental Health in 2020.

Ms Matseleng Semase (a 2020 Master of Science graduate from the project) worked on establishing whether the quality of the effluent released from the local wastewater treatment plants was conducive to supporting aquatic life. Using a snail species in the laboratory, she found that although of substandard quality, the effluent released from the treatment plants did not hamper growth and reproduction in her test organism. This pointed to the fact that corrective measures could still be taken to reduce the harmful impact of wastewater management processes on river health in the eastern Free State. Ms Semase’s work was presented at the 9th SETAC Africa Biennial Conference held in Cape Town in 2019, and her findings were submitted for publication in Environmental Science and Pollution Research.

First such project focusing exclusively on pollution issues
Some of our findings infused new life into the project, steering our work in unexpected directions. Early in the project we came to realise that there was a paucity of research focusing on pollution in mountain areas in South Africa and in Africa at large. Mr Hendrik Stander joined the project in 2019 as a master’s student. His task was to work on the development of fast and reliable behavioural testing protocols that could be used in the project. His preliminary findings were presented at the 40th annual meeting of SETAC North America in Toronto, Canada, and were subsequently published in the Bulletin of Environmental Contamination and Toxicology. Ms Sanele Mnkandla, who joined the project as a PhD candidate in 2020, is working on proposing water remediation strategies that could help improve the state of the rivers in the region. She recently submitted a review article on the topic for publication in Environmental Evidence. Another review article in the making and focusing on literature evidence of mountain pollution in Africa, is the brainchild of Dr Ozekeke Ogbeide, a collaborator from the University of Benin (Nigeria), who co-supervised several students and co-authored some of the scientific publications from the project.

This ongoing research, under the auspices of the ARU, is the first such project focusing exclusively on pollution issues in a select Afromontane region. With Ms Dlamini, Mr Stander, and Ms Mnkandla still actively involved in the project, we look forward to finding more answers to the environmental challenges of the eastern Free State and to working together with MAP towards environmental sustainability in the region.

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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