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15 June 2021 | Story Nombulelo Shange | Photo Supplied
A head and sholder photograph of Nombulelo Shange in front of the UFS Main Building.
Nombulelo Shange, lecturer in the Department of Sociology, says South Africa has betrayed the dreams of the youth of 1976.

Opinion article by Nombulelo Shange, lecturer in the Department of Sociology, University of the Free State.

 

Recent Stats SA statistics that put youth unemployment at 63.30% have recently re-ignited fees must fall protests because parents are feeling the effects of the COVID-19 pandemic. Many have lost their jobs and are struggling even harder to support their children’s education and the growing costs of service delivery. These are all examples of our society’s failure to realise the hopes and dreams of the youth of 1976 who sacrificed their lives so today’s youth would not have to. The news of the Johannesburg Stock Exchange market recovering is also another example of how we have betrayed the youth who are still suffering from the socio-economic blow caused by the COVID-19 lockdown, it shows a society more concerned with capital gain over the wellbeing of the youth. When young people protest or challenge society’s contradictions they are accused of being unreasonable and spoilt and told they do not understand the economic complexities of service delivery and resource redistribution. They retreat and watch as the markets thrive in the midst of a pandemic that has exacerbated their struggles. They get painted as rude, entitled, and ungrateful when the truth is they have been more patient than anyone else

 

The youth of today is just as capable

While society undermines the youth, we forget they were victorious against the oppressive apartheid regime. They created the conditions for the freedoms we enjoy. Today’s youth is just as capable, if not more so. They show their resilience and resourcefulness by surviving in an uncaring society that is riddled with inequality and poverty. Just like the brave young people who challenged apartheid, today’s youth has it within them to address the hangover from apartheid suffered by South Africa and made worse by COVID-19. Political uprisings like the Arab Spring, which later influenced the rise of Occupy Wall Street, were sparked by smaller injustices than what the South African youth are faced with today. But our youth are still waiting patiently in the hope that our leaders will one day eventually show up for them.

The Arab Spring protests started in Tunisia in 2011, after Mohamed Bouazizi set himself on fire as a reaction to growing unemployment, corruption and poverty in Tunisia. The protests quickly spread all over the Arab world and eventually sparked global discussion and protests. At the time the Arab Spring took shape, unemployment sat at between 13.05% and 18.33% in Tunisia. South Africa’s unemployment by comparison is soaring at 32.6% and creating the most unequal country in the world, with the widest gap between the rich and the poor.

The unwillingness to address these issues disempowers the youth and society as a whole, by extension. The material conditions of the youth have been threatened. We place a lot of importance on who we are based on what we have materially. So when we don’t have we start to question ourselves, to the point of questioning our existence and sense of belonging. We see this lack of material possession as a representation of our incompleteness. And I believe that is what the pandemic has done to the youth.

 

Incompleteness in relation to blackness

In many ways it has made us feel incomplete and has added further tensions and stress to issues the youth have always been concerned with – these are problems such as access to education, healthcare, employment opportunities and the existence of systems and structures that can build their general well-being.

Bantu Biko has had a discussion around completeness which helped us to further understand the Marxist material discourse in relation to our colonial and apartheid history. Biko talks about incompleteness or the feeling of incompleteness in relation to blackness. He says when black people, especially black youth, explore their surroundings they see a lack, they see incompleteness. They look around, see their streets and find them inadequate. They look at their schools and find they are incomplete. They look around and see their homes which are often inadequate, and look at their playgrounds which are in poor condition.

As they gradually move out of their neighbourhoods, they see a shift when they enter white neighbourhoods. Suddenly the schools are beautiful, ivory towers of knowledge. People’s homes are beautiful and welcoming. Playgrounds are well-looked-after with resources that you don’t find in black communities. Even the way that structures and systems function is efficient.

What then happens is that the black individual, black community and the black youth, by extension, conclude that blackness is incomplete. If our schools, homes, streets, playgrounds, hospitals and the structures in our communities are not functioning as they should. Then something is wrong with them. And by extension because the structures belong to us, then there is something wrong or incomplete with blackness.

Well-run, well-functioning, complete and adequate white neighbourhoods and systems lead one to conclude that whiteness is associated with goodness and completeness. When we start to question our completeness we are questioning our humanity, sense of belonging and our very existence. This is dangerous. I think this is one of the biggest challenges for the youth and is reinforced by our colonial and apartheid history and a failed revolution that has done little to address socio-economic issues.

 

The youth have always led the struggle

Any revolutionary action throughout history and across the world has always had the youth at the heart of the struggle, leading that struggle. This also includes our own apartheid struggle, not just the Soweto uprising of 1976. When the apartheid system had dealt with the elders and leaders of the revolution by imprisoning them, killing them and banishing them into exile, the youth were left behind to ensure the victory of the revolution. Even the Arab Spring protests were led by the youth. The current discourse on the climate crisis is being championed by the youth while sluggish ageing leaders debate whether a crisis even exists. If we are to be victorious over the struggles caused by COVID-19, youth empowerment and engagement should be at the centre of these interventions. Youth leadership in all industries and structures is crucial. Support of youth innovations and entrepreneurship will not only end poverty, but has the potential to launch South Africa into the continent and beyond.

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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