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Opinion: The final push towards Elections 2021

28 October 2021 | Story Prof Sethulego Matebesi | Photo Sonia Small (Kaleidoscope Studios)

Dr Sethulego Matebesi — Prof Sethulego Matebesi is an Associate Professor and Head of the Department of Sociology at the University of the Free State (UFS)

Opinion article by Prof Sethulego Matebesi, Associate Professor and Head of Department of Sociology, University of the Free State.

When a catastrophic accident cuts the first manned mission to Jupiter’s moons short in the Astronaut: The Last Push a 2012 American science fiction film – Michael Forrest, the sole remaining astronaut, must endure the three-year return trip to Earth alone. Similarly, how will the next five-year journey of local governance in South Africa manifest itself? Again, I reckon the responses from citizens will vary widely: from widespread cynicism to hope for a better future and from distrust of a dysfunctional system to the belief that service delivery will improve.

In an all-too-familiar scenario, political party campaigns have been littered with promises of how they best represent and advance voters’ interests. In doing so, two helpful facts about these campaigns emerge. The first is that the ANC, DA, EFF, and FF+ have realised that local contexts differ significantly and have framed their messages accordingly. A cursory glance at the broadcastings of these customised campaigns reveals that they aim to provide a safe psychological outlet for community-level concerns. The second is that, in general, the election messaging and adverts of the ANC ranged from apologies to bold statements about who wields power to change the face of local governance. Opposition parties focused on improving the local government system notoriously known for the disregard of citizens’ needs and providing an active voice for the voiceless.

And guess what?

Political parties and candidates may mobilise constituencies as much as they can. However, the next five years of local governance require a significant departure from its status of dysfunctionality to a competent, legitimate political institution that produces satisfactory political outcomes. This legislative and moral mandate depends entirely on local participation in elections.

The three dimensions of increasing voter participation

Better and more meaningful political participation in elections remains a concern in South Africa. In a report for the Ford Foundation, Hahrie Han, a political science professor at the University of California, proposes a framework that details increasing participation and making it more meaningful.

Firstly, people must be able to participate. Declaring election day as a public holiday, President Cyril Ramaphosa removed an important barrier to participation. While some may believe that election day will be just another public holiday, for others – particularly those who are working – there is no need to weigh up whether to take leave for a cause that will not significantly change their lives. Furthermore, the Independent Electoral Commission (IEC) has demonstrated a sense of moral urgency by drawing unprecedented public attention to their voting processes and procedures to protect voters and election officials from spreading the virus at the polling stations.

Secondly, people must want to participate. Here, political parties and election candidates should not take voting as a taken-for-granted part of the repertoire of residents’ political activities. Election campaigns – both online (internet) and offline (door-to-door engagements, posters, and billboards) remain a powerful medium to improve visibility and deliver messages to solicit interest from citizens. But once these campaigns conclude, still, it remains an individual’s choice to want to participate in the elections. While it is difficult to assess the level of voter engagement with the election campaigns under COVID-19 restrictions, the general political climate in South Africa seems to be conducive for free and fair elections. Yet political assassinations continue to cast a dark shadow over the local government elections. This cruel feature of political life in the country serves as an ultimate intimidation tactic. It denies candidates the right to stand for election and citizens to choose their preferred public representatives.

Thirdly, Hahn argues that for people to want to participate in the political process, their participation must matter. Therefore, aside from building a sense of agency and encouraging greater participation in elections, people still need to be convinced that their vote counts and influences decisions at the local level, where voters have the chance to participate directly in the election of local councillors.

Disrupting the balance of power in local councils

Regardless of the challenges it faces, the ANC remains in pole position to retain most of the local councils it leads. I believe there is much to be discontented about, but opposition parties – including civic forums – have yet to build the power to break the stranglehold the ANC has on elections – and that is no small task.

Interestingly, in contrast to the DA, the ANC has paradoxically avoided announcing their mayoral candidates in direct response to prevent the electoral backlash it received in the metros during the 2016 local government elections. Yet, except for a few local councils in several provinces, the metros are precisely where the most significant disruption to the balance of power will occur.

Whether political parties will deal with the standoffs of coalition politics in hung councils, while broaching complex issues, remains a concern for South Africans. But elections remain an excellent opportunity for citizens to participate and influence local political decision-making.

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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