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19 March 2021 | Story Dr Martin Mandew | Photo Kaleidoscope Studios (Sonia Small)
Dr Martin Mandew
Dr Martin Mandew believes that the devastating impact of the pandemic will be felt for quite some time.

A Human Rights view by Dr Martin Mandew, Campus Principal of the UFS Qwaqwa Campus


It is not easy to discern the silver in the lining of the pandemic cloud that we have been living under over the past twelve months. I hazard to say that for those at the bottom of the socio-economic heap, those whose daily life is nothing but a gut-wrenching struggle to scrape together a semblance of a meal, talk of silver linings is foreign to their experience. The pandemic has shown just how low leaders can sink when elected public officials steal and redirect food parcels – meant for the poor and destitute – for their own personal consumption, for those close to them through family ties, through friendship and through political affiliation, or sell it for personal financial gain. The intended relief measures, designed to be non-partisan, are used instead to promote the socio-political divisions that already exist in the community. The unspoken mantra seems to be: If you look like me, if you think like me, if you believe like me, if you speak like me, if your political beliefs are like mine, only then can you expect me to do the public good for you and for your benefit that I have been elected to do, even though I get paid for carrying out this very important task. Talk of unity is rich in such an environment.

Nation-building
The devastating impact of the pandemic will be felt for quite some time. In the next twelve months we must, despite the enormous challenges ahead, re-imagine and craft a future of unity, where personal, political, ethnic, racial, gender, economic, and other differences will not stunt and sabotage efforts of socio-economic renewal. This Human Rights Month is a stark reminder for us to go back to our foundations as a South African nation. It is a time to press the reset button in the agenda of nation-building. Nation-building is not achieved through a fiat, a ‘let-it-be-so’ declaration. While taking the necessary steps to rebuild a battered economy, nation-building also entails making the necessary investments in social support to alleviate the impact of the pandemic on the most vulnerable in society, while also ensuring that the white-collared hyenas are kept at bay. The right to health care, food, water, and social security is enshrined in the Constitution.  

The future
Nation-building also entails making bold investments in education, taking care that as budgets are re-organised, re-prioritised and reduced, the education sector is not made a casualty of austerity measures. We must not falter to build our nation on a solid foundation of education, ensuring that we make the right investments and the required interventions in this very critical sector. There are components in the sector that are weak and glaringly under-resourced, such as early childhood development, as well as post-school technical and artisanal training. We need to strengthen these as part of building a firm foundation for our fledgling nation. This is a very important asurance for the future of our nation. Only an educated nation is best equipped to confront the challenges that lie ahead, such as those that the COVID-19 pandemic has thrust upon us. The right to education is enshrined in the Constitution.

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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