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30 March 2021 | Story Dikgapane Makgetha | Photo Supplied
Social Work students at the UFS are working with the relevant stakeholders in an Engaged Teaching and Learning service-learning project to promote and respect children’s rights.
The protection of children’s rights is the principal achievement on the Sustainable Development Goals (SDGs) 2030 Agenda. Emphasis has always been on the promotion and respect of children’s rights. Since the SDGs are grounded in a child rights-based approach, the University of the Free State (UFS) Social Work students – by engaging in a multi-disciplinary methodology – involve all the relevant stakeholders in their Engaged Teaching and Learning service-learning module project. 

The social partners, which included the South African Police Service (Child Protection Unit), the Department of Social Development, the Department of Home Affairs, the Department of Health, faith-based organisations, and other children’s advocacy agents, were involved from inception until the apex launch of the project. 

Access to basic human rights

In their exit level, fourth-year Social Work students participate in community work practicums, which incorporates the theoretical development process in adherence to the objectives of their community work. The initial phase of the project involved the situation analysis exercise, which the students implemented through collaboration with the Rekgonne Primary School action committee. 

The outcome of the survey indicated that some learners were exposed to physical and sexual abuse. It was also found that they did not have access to basic human rights such as education, health care, and social grants due to the absence of the required legal documents. From the interactive discussions that took place during the launch, it emerged that some children do not have birth certificates required for school registration and access to social grants. 

Through the students’ community project, a platform was created where important skills and information could be shared among all important role players (who are in different professions and guardians of children’s human rights). It is believed that since learners are spending more hours in school, educators would be the primary detectors to notice signs of negligence and potentially adverse circumstances among their learners.

Role players collaborate to make a difference

Through the scholarship of engagement, students succeeded in engaging with the community to attend to societal challenges (violated children’s rights). In order to realise the outcome of the project, continuous collaboration among all role players must be sustained. All parties adopted a resolution to create safe environments both at school and at home by supporting families and caregivers.

Government partners that participated were determined to strengthen protection systems and improve child welfare, reinforcing the implementation of the Children’s Act 38 of 2005.  Educators were empowered and supported in the mandate of the Quality Learning and Teaching Campaign (QLTC). This is an initiative that involves stakeholders in improving the quality of education for all children and addresses issues of safety and well-being for all children. 

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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