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18 May 2021 | Story Ilse Smalberger

Ghanaian politician and revolutionary, Kwame Nkrumah, famously said: “We face neither East, nor West; we face forward.”

At a time when Africa can be torn between the economic and trade pressures of the East and the political demands of the West, it makes sense that moving the continent forward is a huge priority. This is a belief that lies at the heart of the University of the Free State’s (UFS) 2018-2022 Internationalisation Strategy.  This strategy follows the 2020 Policy Framework on the Internationalisation of Higher Education in South Africa, by seeking to further not only South Africa’s interests, but also the interests of the Southern African Development Community (SADC) and Africa, among others.

Celebrating Africa Month

As part of celebrating Africa and advancing African unity, the UFS celebrates Africa Month in May, culminating in the Africa Day Memorial Lecture – this year held as a webinar on 19 May.  According to Dr Stephanie Cawood, Director of the Centre for Gender and Africa Studies that is hosting the Africa Day Memorial Lecture, Prof Walter D Mignolo, arguably one of the greatest scholars of decoloniality, will deliver the address.

“Since the inception of the Africa Day Memorial Lecture in 2009, we have hosted some of the greatest African intellectuals, including Profs Achille Mbembe, Ali Mazrui, Ngugi wa Thiongo’o, Mahmoud Mamdani, and Paul Zeleza, to name a few,” says Dr Cawood.  

As the home of research and study on Africa and its people at the UFS, she believes that it is important for this university to enlarge its footprint on the continent.

“Our destiny is intimately tied to the future of the continent, and there are exciting things happening in academia across the continent in spite of the many challenges,” she says. “For instance, the COVID-19 pandemic has presented opportunities for innovation in Africa, such as the sequencing of the SARS-CoV-2 genome in Nigeria and South Africa.  In fact, the UFS was involved in the testing of vaccines.”

UFS engagement on the continent

The UFS has come a very long way towards improving its African footprint in terms of research collaboration and diversifying the African profile of both staff members and students.  At institutional and faculty level, the UFS has memoranda of understanding with 14 higher education and research institutions in Africa.  Between 2017 and 2021, the UFS collaborated with 285 institutions in Africa, which resulted in more than 2 000 co-authored publications – the top five subject areas for collaboration being Agricultural and Biological Sciences, Medicine, Social Sciences, Physics and Astronomy, and Environmental Science.

The UFS is also an active member of the Association of African Universities (AAU) and the Regional Universities Forum for Capacity Building in Agriculture (RUFORUM).  Universities engaging with each other through these platforms contribute to capacity-building and development on the continent. 

A rich tapestry of international student life

Staff and students from Africa who enrol at the UFS also contribute to the rich tapestry of the university’s student life.  The UFS is currently home to students from as far afield as Egypt, Ethiopia, and Ivory Coast, but most of our African students hail from our neighbouring countries Lesotho and Zimbabwe. 

“Our international students from the African continent contribute significantly to creating a culturally and intellectually diverse environment on our campuses and provide our local students with an opportunity to obtain international experience without leaving the UFS,” comments Cornelius Hagenmeier, Director of the Office for International Affairs. 
One of our African students, Deborah Adesokan who was born in Nigeria, is currently pursuing a master’s degree in Criminology while working as an academic tutor in the Department of Sociology.  She says her experience at the UFS has been an eventful journey, with plenty of opportunities for personal and academic growth.  She is also very thankful for the awards and bursaries she has received.

“I applaud the UFS for giving African students the opportunity to apply for bursaries, as this is a major concern for many African students,” she says.  “I am also fortunate to have a job on campus related to my field of interest, which is academia, where I continue to gain valuable experience.”

Adesokan says she is looking forward to seeing the UFS affiliate with more universities in Nigeria by creating exchange programmes. 

Knowledge production for the continent

“Furthermore, I hope to see the university create an African community space where African scholars and leading researchers from various disciplines can converge to talk about and conduct research pertaining to the challenges faced by Africa.” 

With regard to the specific UFS African engagements and collaborations, there are just too many to mention in one article. 

Says Hagenmeier: “Colleagues in our seven faculties and three campuses enrich research, teaching, and engaged scholarship through their African engagements.”  

Definitely deserving of mention, is the UFS being part of the consortium ‘Fostering Research and Intra-African Knowledge Transfer through Mobility and Education (FRAME)’, consisting of five African universities that were awarded the highly competitive Intra-Africa Mobility Grant sponsored by the European Union. This project enables mobility of master’s and doctoral students and staff on the African continent. 

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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