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06 May 2021 | Story Dr Bekithemba Dube | Photo Supplied
Dr Bekithemba Dube is a senior lecturer at the University of the Free State’s Qwaqwa Campus and is a curriculum specialist and prolific researcher in the field of education, religion and politics in postcolonial Africa.

The death of 15-year-old Lufuno Mavhunga - who died from an overdose after being bullied at school - is a fresh reminder of the unresolved social crisis within the corridors of the classroom. While death is part of the human journey and is a reminder that humans are mortal. It is unfortunate that schools are becoming shrines of terror, social disintegration and a death trap. Each day South African society is confronted by various abuses in schools which mirror the society at large. Durkheim’s observation is that schools are a miniature of society. Parents and educational stakeholders become unsure if their children will make it home as they are continually confronted by terrors such as bullying, body shaming, xenophobic attacks and  rape.

Lufuno is one of the many learners in South Africa who succumbed to school violence within and outside the classroom. School violence has not only affected learners but educators and principals too, and is unfortunately perpetrated by their peers, who in normal circumstances should learn, live, and address social problems together. Continued school violence is contrary to the functionalist view that schooling creates homogeneity and social cohesion. Thus, Lufuno’s death is far from attesting to the ability of the curriculum to re-invent a society that believes in non-violent means of resolving conflict. 

Before examining the curriculum, let me remind readers of the magnitude of the problem at hand in relation to school violence manifested through bullying, body shaming and in some cases killings. Lufuno follows other victims of school violence. For example, Tshepo Mphehlo, 14,  was stabbed to death at Sebokeng High School.  Another student was stabbed to death at Eesterivier School in the Western Cape in 2020. Similarly another was stabbed to death by a classmate at Eastwood Secondary School in Pietermatrizburg in 2019, not forgetting a learner who was also stabbed to death at Reunion Secondary School in Isipingo in 2019. The victims are multiple and should be a concern to all peace-loving citizens. As part of problematising school violence, I will focus on the limitations of the school curriculum in South Africa. 

The curriculum should be evaluated in terms of its ability to produce a learned people with the ability to engage in peaceful and non-threatening strategies for conflict resolution.  Thus in this opinion paper I share the limitations of the curriculum that fail to address social pathologies such as school violence as evidenced by the death of Lufuno and many others.

Life Orientation is a disappointing citizenship education

The peace and stability of any successful nation is anchored on the strong foundation of citizenship education. With reference to South Africa, the introduction of Life Orientation teaching was seen as a brilliant means to instil good citizenship among learners.  However, while the intentions of introducing the subject were good, the implementation has proven unsuccessful in teaching humanity among learners. In some cases, the subject is taught by educators not trained for it, or who have failed in other subjects thus failing  to evoke humanity, tolerance and human dignity in the face of conflict. Should citizenship through education be taken seriously, I am sure the subject would contribute to a tolerant society, committed to embracing human dignity despite colour, race and other social variables. 

Lufuno and the accused had a conflict, which is part of human nature, the Life Orientation curriculum should have been a source for bringing about a peaceful resolution of their differences. However, since the subject is not taken seriously at schools, I am sure they saw no reason to apply Life Orientation principles to the conflict which unfortunately culminated in Lufuno’s death.

Curriculum as job security and the demise of humanness

The curriculum in South Africa is preoccupied with the need to produce learners who will fill the ever-existing skills shortages. As such, there is an emphasis on skills development with  much of the curriculum’s energy used to produce competent learners, which in turn creates job security that is ideal for the  expectations of  parents and the corporate world. But it has come at a cost especially because less emphasis is placed on the human sciences as an integral part of a successful nation. It is critical that the school curriculum produces balanced learners who have the ability to perform well in subjects that gear them for jobs, but also placing value on the human sciences that cement good citizenship. Lufuno’s death is a reminder that a school curriculum that does not balance education that offers job security and inculcates humanness results in social trajectories such as school violence.

By the way, what did we say about religious education? 

The year 2008 saw the demise of religious education at most South African public schools. Very few schools still offer the subject. It was seen as useless, and debates arose in terms of which religion should be on the curriculum. While religious education had its problems like any other subject, no one can doubt its ability to teach morality, an integral part of humanity lacking in many ways at South African schools. Religion and its teaching reminds people of the relationship they have with a divine being yet calling for accountability on the treatment of fellow citizens. Now that the subject is not taught at school, learners are deprived of learning about social responsibility and being accountable to God for their actions. Morality, characterised by tolerance and peace, is lacking among many learners, hence the unending school violence. The South African school curriculum is limited by overemphasising natural sciences at the expense of subjects that belong to the human sciences, such as religion. Lufuno’s death is a reminder that morality in a curriculum is indispensable in reinventing education that benefits learners by inculcating  in them a high standard of morality.

The suffering soul of the teacher: 

How far can teachers engage in the loco-parenting role? Seemingly, whenever teachers are confronted by the need to implement a loco-parenting role, they are met with resistance, anger, and ridicule. I remember a teacher who was blamed for combing learners hair at school. To me, the teacher was exercising her loco-parenting to make learners more presentable. However, some social media users saw her as an uncivilised teacher and unworthy to be in the schooling system. It is because of this, that teachers fold their hands and neglect the care role of a teacher. With reference to Lufuno, if teachers were allowed to exercise their loco-parenting role, I am sure they could have intervened in the conflict, as parents, and resolved the issue. But now since teachers have often been blamed for acting as parents within the schooling system, they have withdrawn their loco-parenting role, and we have lost Lufuno. Society should allow teachers to exercise a loco-parenting role within the confines of social justice, and care without the use of corporal punishment.

In conclusion, Lufuno’s story is disheartening, and unfortunately, there is nothing we can do to bring her precious soul back. But we have an obligation to society to continue problematising violence. The moment we teach learners that violence is normal, we pass on the mentality to the younger generation and each day we will continue to bury victims of school violence. Yes, today it’s Lufuno. Tomorrow it will be me  or you. Thus the school should be part and parcel of reinventing a society that values non-violent means to resolve conflict.

Opinion article by Dr Bekithemba Dube, School of Education Studies, University of the Free State (UFS).


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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