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19 November 2021 | Story Nontombi Velelo | Photo Supplied
Nontombi Velelo is a PhD candidate and Lecturer in the Department of Sociology at the University of the Free State (UFS).

Current reports related to gender reflect and emphasise the negative impact of gender on society — especially the negative impact of men and masculinity in society. Studies are conducted to understand the root(s) and triggers of men’s social conduct/misconduct. Without a doubt, men are often guilty of causing some of the social ills. However, we often do not acknowledge and recognise the pressures and challenges that society presents to men. In most instances, the focus in reporting is on their conduct/misconduct. Less attention is given to interrogating and reflecting on how masculine notions are formed and subsequently practised, and the influence of social settings on these processes. 

It is worth pointing out that masculinity is not a static entity – it is flexible, evolving, and adapts to different contexts. However, there is a struggle between upholding the traditional practices of masculinity and the desire for modern and liberal practices of masculinity. The concept of ‘traditional’ masculinity is frequently used when investigating the construction and practices of masculinity. This concept is often understood as the opposite of the modern representation of masculinity. Yet, it refers to what is considered to make a man a ‘real’ man – attributes such as independence, self-sufficiency, heterosexuality, physical toughness, and emotional restrictedness. These attributes highlight the ideas of masculinity embedded in traditional ideology, rules, and norms. We often expect men to possess these attributes, particularly independence, self-sufficiency, and emotional restrictedness. Without a doubt, these expectations present challenges for men. Men are less likely to express their feelings – they are also not expected to express their emotions. Besides, men are not as expressive as women and the signs of mental illness are not the same as those in women. Though we expect men to man-up and demonstrate strength when confronted with challenges, we are not aware of the damage this may cause to their mental and emotional well-being. According to the World Health Organisation (2021), South African men are more than four times more likely to commit suicide than women. Of more than 6 000 cases of suicide, 5 138 were men, which translates to 21,8 per 100 000. This indicates the need to unlearn the damaging expectations of gender. 

Men’s socio-economic and socio-political positions influence how they view and practise their masculinity. Though Statistics South Africa (2021) reported that 32,4% of men are unemployed (compared to 36,8% of unemployed women), South African men living in poverty find themselves in a stressful climate, as they are unable to live up to their and others’ ideas of ‘successful masculinity’. To a large extent, men are still expected to assume the role of financial provider. Failure to adhere to these expectations may result in one’s masculine traits not being recognised or acknowledged. In some cases, men are considered ‘less of a man’ since they cannot fulfil the expectation of financial provision. This, subsequently, affects their interaction and relationships with other men, women, and children. 

Apart from the societal expectations, we need to pay attention to the socialisation process within the family. A family is a training ground where members are trained and taught about desirable and undesirable behaviour and expectations of others. Within the family structure, men and women are socialised to internalise and accept toxic gender roles – one being the use of violence. Violent behaviour is often associated with normal ‘boyish’ behaviour; therefore, it is perceived to be expected of a boy child to resort to violence. It is expected of a boy child to retaliate/fight back when facing conflict. Consequently, violence is viewed as a measure to correct behaviour associated with disobedience or challenging masculine authority. The Mail & Guardian reported in 2020 that one in five women in South Africa experienced violence at a partner’s hands. South Africa has witnessed an increase in gang rapes, most of the first-time rape offenders being teenage boys (SafeSpace, 2021). Teenage boys are not only members of society but also members of the family. This does not imply that parents are responsible for the acts of their children. However, it demonstrates the need to interrogate and challenge the socialisation process as far as gender roles and expectations are concerned. Regardless of the mentioned challenges associated with masculinity, there are individual men in society who have invested efforts to transform the masculine scripts and to cultivate positive male attributes. These are men who strive to be good citizens, husbands, fathers, brothers, and uncles. Unfortunately, the efforts invested by these individual men tend to be disregarded in society, since the focus is always on unpacking and reflecting the toxic actions and attributes of men. 

Commemoration of International Men’s Day

International Men’s Day commemorates the positive contribution of men to their world, families, and communities. The day aims to create awareness around the well-being of men. As we celebrate this day, it is important to recognise and acknowledge male pain. Society often disregards male pain and focuses on male privilege.

Furthermore, recognising ways in which men are hurt by rigid gender roles and expectations and social settings where these roles and expectations are practised, does not imply disregard for the struggle and oppression of women. With the 2021 slogan being ‘Better relations between men and women’, I am reminded of the third wave of feminist scholars who pointed out that society is experiencing a crisis embedded in patriarchal masculinity rather than masculinity itself. There is a need to sensitise men and women to the dangers of patriarchy, particularly for men. It is also important to encourage men to construct their own identities that are different from those prescribed by patriarchy. Although most men might not be oppressed by sexism in ways similar to women, we need to pay much closer attention to how men suffer the consequences of sexism. It is worth recognising that men do not derive the common benefits from sexist oppression, since they do not hold a common social position. It is important to acknowledge the role of individual men in changing the masculine narrative. May we recognise such individuals in our homes, workplaces, and communities. There is a need to unlearn the damaging patriarchal expectations of gender.

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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