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19 March 2021 | Story Nombulelo Shange | Photo Andre Damons
Adnombulelo
Nombulelo Shange says this year it is important to look inward, focus on individual healing, growth and reflect on the losses pre- and post-COVID-19.

By Nombulelo Shange, lecturer in the Department of Sociology, University of the Free State

With Human Rights Day nearing it is important to remember the sacrifice of those who lost their lives in the 1960 Sharpeville Massacre in the fight for our freedom. This year I think it is also important to look inward, focus on individual healing, growth and reflect on the losses pre- and post-COVID-19.

The strength and resilience of the Sharpeville community is an important reminder of the hardship we have to overcome; it is an important reminder that we can overcome even this challenge. But on this Human Rights Day our strength lies in our vulnerability and being strong enough to admit we are not okay and ask for help even when societal norms make it hard to do so. Do this without being embarrassed or carry resentment when those we lean on can’t be there because they are also not coping. And for those who give a lot of themselves, it is okay to admit that you have nothing left to give and that you need time to replenish yourself because you can’t bring light into other people’s lives while your own flame is dimming.

The collective cannot be strong when individuals are broken

Many of us were raised in families where communalism, ubuntu and caring for the collective are prioritised over the individual. And to put ourselves and our own wellbeing first feels like a betrayal of these virtues we were brought up with. But I would argue the opposite is true, the collective cannot be strong when it is made up of broken individuals.

Not putting ourselves first would be a betrayal to the same ideals of ubuntu many of us were brought up with. It sounds like a contradiction because we are taught to look at the world in polarised ways and ubuntu ends up being portrayed as a philosophy that puts the masses first and sometimes at the expense of the individual. We see this kind of thinking and application in our own lives where families and communities at times uncritically impose ideas and practices that seemingly benefit the community over individuals. We see it in African discourse that theorises ubuntu and its relevance to traditional and modern spaces, its relevance in human rights discourse, decolonial discourse that broadly calls for “African solutions for African problems”. All of these are important and provide useful analysis, but they sometimes erase the individual.

Individualism is associated with Western imperialism and is rejected and vilified

Individualism is often rejected and vilified because it is associated with Western imperialism that saw the introduction of a greedy capitalist system in Africa that goes against almost every core belief we have. The capitalist system broke our connection to the environment and turned it into a commodity to be exploited for economic gain. It pushed competition and individual wealth over social wellbeing and community. And most importantly it took everything from Africans, our land, language, culture and sense of self. So as we grow and rebuild, it is difficult for us to imagine that these two seemingly contradictory ideals can coexist, where individualism is celebrated and encouraged for the betterment of a collective that will be stronger because it is made up of strong individuals. Instead we polarise, we conclude that if Western imperialism is exploitive and individualism is closely associated with it, then individualism must be bad too. If ubuntu and the collectivist thought around it protected the environment and promoted social wellbeing, then collectivism is good and to question it is to put your own selfish individual needs over the needs of the community and collective human rights.

But if we step away and look at ubuntu beyond our polarised ways of thinking, we see that ubuntu does place a great deal of importance on the individual. The main theoretical tenet of ubuntu says, “Umuntu ngumuntu ngabantu”, which translates to “I am because we are”. This expression shows the mutually beneficial coexistence of the individual and the collective. The collective is nothing without the individuals, and if the individuals who make up the collective are weak, the collective will also be weak. Individuals also need the community for their own enrichment, sense of self and overall wellbeing. If individuals are not nurtured and supported by the collective, they will not be able to give back to the collective, and the cycle continues.

It is time for us to focus on healing and introspection

So, what do we do when our collectivism is threatened by a global pandemic that is threatening to topple even the world’s strongest nations? What do we do when we can no longer tap into the collective strength we have built everything on? So much of our way of life is built on this collective strength as Africans, from the monthly stokvel meetings that offer people solutions to the worst socioeconomic challenges, while offering support and strength. Even church spaces are more than just a place to worship. It is here where people discuss the challenges faced by the community and offer whatever they can to address them. Our funerals and weddings do not just bring families together they bring communities together in shared grief or celebration. You do not even have to invite neighbours to events. The moment they see the tents, chairs, animal sacrifice etc arrive, they come days prior to the event to help the family prepare, celebrate, or cry. Even our ritualistic healing practices are not an individual lonely process in the way that Western biomedical models offer healing. At some point or another, the involvement of family and even the community will become important in African healing practices.

COVID-19 has threatened all of this and future environmental and public health crises might test us even more than COVID-19 has. I think this is the time for us to focus on healing and introspection, many of us were broken long before the pandemic hit. We have carried past intergenerational traumas into our present, but we have an opportunity to ensure that we do not carry them into our futures. We have been depleted by systems that seek to erase our entire existence as people of colour, women, LGBT+ communities and people with disabilities. After a while we start to believe that we are not worthy of love, we believe our poverty is a result of our own laziness and discount the fact that we have been starved of opportunities and resources. We stop challenging the abuses of our individual and collective human rights. This forced isolation is an ideal time to reflect on these things, heal and build ourselves as individuals through talking and sharing deep intimate pain with loved ones, trying to be in nature, attempting to “phahla” or mediate. The process will be different for everyone. Our own mental health depends on it and so does part of our ability to access our human rights. The restoration of our strength as communities will also depend on it during COVID-19 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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