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22 September 2021 | Story Prof Francis Petersen | Photo Sonia Small (Kaleidoscope Studios)
Prof Francis Petersen is Rector and Vice-Chancellor of the University of the Free State.

Opinion article by Prof Francis Petersen, Rector and Vice-Chancellor of the University of the Free State.


South Africa is in trouble. No matter what your political or ethical persuasion – this much is abundantly clear. And if some of the opinions expressed lately by prominent economists are anything to go by, many are losing faith in whether we can still turn around a downward economic trajectory. 

 

But before we make up our minds either way, it is important to first face a truth that lies at the core of it all:  It is impossible to build a thriving economy on the back of a divided society. This makes societal reform a logical departure point for any economic relief efforts.  

And here the higher education sector has a definite and vital role to play.

On the battlefield of unexpected calamities, the South African economy can be compared to a soldier who has taken too many hits.  First, the devastating impact on so many sectors of our society caused by COVID-19 lockdowns and restrictions; followed by the question over misspent or missing pandemic support funds; and then the final agonising blow – the looting and destruction in Gauteng and KwaZulu-Natal in July, leaving a gaping hole of around 50 billion rand in damages

Equally heart-breaking and disconcerting as the physical damages and loss of life, is the damage caused to our nation’s psyche, with racist and classist fault lines reappearing, fuelled by the divisive rhetoric of unscrupulous leaders.
Looming ominously over this crowded battlefield, are the murky clouds of corruption at the highest level and of the most disturbing kind, which have been systematically and painfully laid bare by the Zondo Commission over the past three years.

We truly find ourselves at a very low point as a nation. Financially, morally, and mentally.

And, like all other sectors of society, higher education needs to ask itself what it can do – if anything – to help fix what is broken. 

Changing role of universities

Universities used to have a rather narrow focus on education and the creation of new knowledge. This role has, however, evolved considerably over the past decade or two. Their function nowadays is very much a societal one, where the focus on using skills and knowledge to make a real difference in the societies they serve and draw their students from – the engaged university.  

Let’s be clear: Higher education cannot solve poverty and inequality. That is the domain of government, which needs to ensure that appropriate policies are in place that will constructively stimulate investment and assistance from the private sector and industry.

The higher education sector needs to focus on its strengths. And that is to do research; to offer advice and come up with possible solutions; to educate and to provide skills that will help uplift individuals, families, and communities.

In short: universities need to deliver graduates who will ultimately build a better society, and through engaged scholarship change the lives of people. 

What has become abundantly clear, though, is that education alone is not enough. The corruption implications and moral dilemmas that many of our highly qualified politicians and leaders are embroiled in, prove that more is needed than just academic aptitude. 

The purpose of universities should therefore not only be to deliver good workers or thinkers. Universities need to deliver good citizens. Citizens that possess unshakeable values and ethics, enabling them to become good leaders.

During a recent 2021 University of the Free State Thought-Leader webinar titled Is South Africa falling apart – where to from here? panellists stated that the role of universities is to create a culture of active citizenry, to play a part in the holistic transformation of society, to ensure the sharing of research and discoveries, and to ensure inclusive academic excellence. These are no small feats and something higher education institutions should strive for.  

Creating a new generation of leaders

While young people spend time on university campuses, it is vital that – along with academic knowledge – universities educate them about the norms and values that form the bedrock of a healthy, thriving society. Not only teaching these values of social justice, respect, tolerance, and care – but also demonstrating how they find practical application.   
Universities should be microcosms of an ideal society, where respect for human rights and diversity, equality, and care underpin all our policies, communication, and interactions.

Universities should consistently use discourse platforms to promote these values and to speak out against things that threaten them, such as corruption, injustice, and prejudice in any form.

But once again, it goes further than that. Not only do we need to teach and encourage our students to speak out. We need to educate them on how to speak out. 

Unfortunately, so many of the student protest actions on our university campuses often fall short in this aspect, as valid concerns and demands are regularly overshadowed by disrespectful rhetoric, accompanied by unwarranted destruction of property and endangering lives. 

Recently, the University of the Free State had the opportunity to host a book launch by Helen Zille, the Federal Council Chairperson of the DA. Among the guests was EFF leader Julius Malema.

Afterwards, some Political Science students remarked how surprised they were to witness the very civil interaction between Zille and Malema – in the light of their very public political spats and differences.

And here lies an important lesson for our young South Africans: that there is a level of maturity that needs to be displayed if we want to take our country forward together. 

We can differ from someone – and passionately express our differences – but retain an atmosphere of tolerance and mutual respect. Our young leaders of tomorrow need to understand that, in the absence of such an atmosphere, reasonable negotiations become impossible, and they run the real risk of thwarting the very cause they are fighting for. 

Interconnectedness of our society

As much as higher education has a clearly defined role, it can only fulfil this role effectively if it is part of a well-functioning, larger system. |

As higher education, government, private sector, and industry, we are interconnected and unable to function properly in isolation.

Universities can, for example, teach young people the value of entrepreneurship and equip them with the necessary skills to contribute to the economy. But without an enabling environment created by government, policies, and commitment, as well as buy-in and support from industry, it all falls apart.

As much as I cannot thrive if my neighbour is suffering, we cannot rebuild our economy if we don’t acknowledge our interdependence and find new, innovative ways to collaborate to move ahead together.  

The age-old principles of ubuntu need to find a renewed, modern application in South Africa today. 

Involving our youth

Whatever form economic rescue efforts take, it must involve the young people of our country. Making decisions that will profoundly influence our youth without involving them in the process, is downright irresponsible. 

We simply cannot afford to alienate our leaders of tomorrow and then expect them to be ready to take over the baton and not repeat the mistakes of their predecessors.

At the University of the Free State, our student participation in university governance structures was at an all-time high of 70% last year. We see this as an important accomplishment – we hope to build on and expand this even further. In most of my dealings with our young leaders of tomorrow, I certainly get the impression that they are keen to make a positive contribution to our country. But they yearn for guidance, encouragement, and opportunities.  

‘Nothing about us without us’, is a slogan used widely in various contexts nowadays, with its roots tracing back to South African disability advocates in the 1980s. It is equally applicable to young people in our current South African predicament.

Our youth needs to be turned from apathy to active involvement. Without them, no economic ‘rescue efforts’ will have long-term sustainability. 

After all: it is their future that is at stake.

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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