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08 June 2021 | Story Dr Nitha Ramnath

As a public higher-education institution in South Africa with a responsibility to contribute to public discourse, the University of the Free State (UFS) will be presenting the webinar as part of the Free State Literature Festival’s online initiative, VrySpraak-digitaal. The aim of the webinar series is to discuss issues facing South Africa by engaging experts at the university and in South Africa. Some of the topics for 2021 include, among others, reimagining universities for student success; corruption; local elections, the state of business – particularly in the Free State.

In 2020, the webinar series saw the successful participation of leading experts engaging on COVID-19 and the crisis facing the country socially, economically, and politically. This year, in lieu of the Free State Arts Festival, the UFS will present the webinar virtually over a period of five months.

Third webinar presented on 29 June 2021

South African local government has often been the target of protests due to poor service delivery. This either suggests that local government is not capable of carrying out technical tasks, or that constituents are not being heard by the representatives they elected.  Without capable and ethical politicians, the best institutions and policies in a country will serve no purpose if they are not protected. Institutions run the risk of being ineffective and not reaching their full potential in an environment without an ethical framework and the required human capabilities. South Africa suffers severe capability deficiencies due to poor political management that requires fixing at a political level.  

Will the forthcoming local government elections be the solution to much-needed change OR will electoral reform – a somewhat far-fetched ideal – provide the platform for ultimate change?

Date: Tuesday, 29 June 2021
Topic:  South African politics and the local government elections: scene setter for a capable state?
Time: 12:30-14:00
RSVP: Alicia Pienaar, pienaaran1@ufs.ac.za by 26 June 2021

Facilitator:

Prof Francis Petersen
Rector and Vice-Chancellor, UFS

Panellists:

Dr Ferial Haffajee
Associate Editor
Daily Maverick

• Prof Susan Booysen
Director of Research
Mapungubwe Institute for Strategic Reflection (MISTRA)

Mr Ebrahim Fakir
Director of Programmes
Auwal Socio-Economic Research Institute (ASRI)

Prof Sethulego Matebesi
Associate Professor and Academic Head of the Department of Sociology
University of the Free State

Bios of speakers:

Dr Ferial Haffajee

Ferial Haffajee is a South African editor and journalist. She is currently associate editor at the Daily Maverick. Previously, Ferial was editor-in-chief at the Mail & Guardian and City Press, where teams working with her won numerous investigative journalism awards.  She is a regular analyst and commentator on radio, television, and elsewhere. Ferial is a member of the Aspen Global Leadership Network and a member of the African Leadership Institute.   She serves on the board of the Open Society Programme on Independent Journalism. She has won numerous awards for journalism and for her support of media freedom, including an International Press Freedom Hero award from the Committee to Protect Journalists in 2015 and the Naspers Phil Weber award in 2013 – the global company’s highest internal honour.   Previously, Ferial was chairperson of the South African National Editors’ Forum and chairperson of the CNN/MultiChoice African Journalist of the Year Awards. She has served on the boards of the World Editors Forum and the Global Editors Network. She published a best-selling book called What if there were no whites in South Africa, and in 2017 she was awarded an honorary doctorate from the University of the Free State for her journalism.

Prof Susan Booysen

Prof Susan Booysen is a political scientist, author, and analyst of South African politics. She is also Director of Research at the Mapungubwe Institute for Strategic Reflection (MISTRA), emeritus professor at the University of the Witwatersrand, and visiting professor at the Wits School of Governance.

Booysen’s third book in her Wits University Press trilogy of research-driven books on the African National Congress of South Africa, Precarious Power: Compliance and discontent under Ramaphosa’s ANC, was published in March 2021. The first two parts of the set were The African National Congress and the Regeneration of Political Power (2011) and Dominance and Decline: The ANC in the Time of Zuma (2015). Precarious Power (http://witspress.co.za/catalogue/precarious-power/) is available from South African bookshops and digitally from online stores such as Amazon’s Kindle Store and Barnes & Noble.

Booysen also edited a range of books on South and Southern African politics. Her latest edited volume for the Mapungubwe Institute is Marriages of Inconvenience: Coalition politics in South Africa (July 2021). Her previous edited books are FeesMustFall: Student Revolt, Decolonisation and Governance in South Africa (WUP, 2016) and Local Elections in South Africa: People, parties, politics (SUN Press, 2012). She co-edited Democracy and Elections in Southern Africa (2009) with Denis Kadima.

Mr Ebrahim Fakir

Ebrahim Fakir is currently Director of Programmes at the Auwal Socio-Economic Research Institute (ASRI). He was awarded the 2014 Ruth First Fellowship at the University of the Witwatersrand and was a part-time lecturer in the WITS School of Governance in 2018.  Until October 2016, he was head of the Political Parties and Parliamentary Programme in the Electoral Institute (EISA) [2009-2016], where he edited and published the Election Update focusing on the analysis of SA elections. He was an editorial adviser to the independent start-up media house Daily Vox and regularly contributes analysis, opinion and comment articles to POLITY, the Mail & Guardian, Sunday Times, News 24, and Business Day, among others.

Formerly a senior researcher and analyst in the Centre for Policy Studies in Johannesburg (2003-2009), he worked in both the Pretoria and Cape Town offices of the Institute for Democracy in South Africa (IDASA – 1998-2003), and also in the Legislation and Oversight Division of the first democratic Parliament of the Republic of South Africa (1996-1998). Before that, he was a tutor in English Literature at the then University of Durban-Westville (1994-1996), writing for the popular press as well as for academic and policy journals on politics, development, and the state.

He read for a degree in English Literature at the University of the Witwatersrand, where he was elected to the Student Representative Council. He was a visiting fellow at the Institute of Development Studies at the University of Sussex (2006) and a Draper Hills Summer Fellow at the Centre on Democracy, Development and the Rule of Law at Stanford University in 2011.

Prof Sethulego Matebesi

Sethulego Matebesi is Associate Professor and Academic Head of the Department of Sociology at the University of the Free State. Matebesi’s primary research interest is social movements, community development, and mining-company-community relations. He is particularly interested in understanding the role of trust in community protests at municipal level and the conflict between mining companies and mining communities in South Africa. His recent publications include two monographs – Social licensing and mining in South Africa (2020), and Civil strife against local governance: Dynamics of community protests in South Africa (2017).

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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