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03 August 2022 | Story Nontombi Velelo | Photo André Damons
Nontombi Velelo
Nontombi Velelo is a PhD student, Social Science Programme Director, and Sociology Lecturer at the University of the Free State (UFS).

Opinion article by Nontombi Velelo, PhD student; Social Science Programme Director and Sociology Lecturer at the University of the Free State.


History reminds us of the 20 000 women who marched to the Union Buildings on 9 August 1956, calling for the free movement of black women in South African urban areas. This act illustrated the sisterhood bond that the early feminist thinkers aspired to, since women from different backgrounds and races participated in the march. The women who participated in the protest challenged the systematic oppressive and racist rules of the apartheid regime. As one reflects on this phenomenon, one recognises solidarity among the women of 1956, which dispels the perception that women cannot unite for a common cause. It also creates an illusion that South African men and women are comrades in the struggle since they fought against colonialism and apartheid and, to some extent, share similar experiences regarding violation of human rights. Therefore, the most logical action is to have a common understanding of systematic oppression, violation, and exclusion.

Post-apartheid, 28 years into democracy, South African women still find themselves existing within similar conditions from the past. Most people invested efforts in unpacking women's experiences as victims of gender-based violence (GBV), the causes of GBV, and possible remedies for GBV. Undoubtedly, GBV has presented itself as a social ill and demonstrates the coercive power dynamics that exist within society. President Cyril Ramaphosa has declared gender-based violence as the South African pandemic, yet the government has undertaken no active efforts to respond rather than react to the phenomenon. Instead, the state has paid lip service to what needs to be done to ensure the safety of women in the country. Between October and December 2021, more than 900 South African women were murdered; these are reported cases, but there are many unreported cases related to GBV and femicide. Approximately 51% of South African women have experienced some form of violence. The call for the free movement of women in the country is far from being answered.

The issue of GBV has distracted us from recognising other existing problems experienced by women in South Africa – unemployment being one of them. Statistics South Africa (Stats SA) reported that 42,1% of South African households are headed by women, 39,6% of urban households are headed by women, and 47,7% of rural households are also headed by women. The issue is that 36,4% of these women are unemployed and living under the harsh realities of extreme poverty – remembering that some are single parents taking care of their dependent family members. We should not forget the problem of absent biological fathers who are neither emotionally nor financially present in their children's lives. They are responsible for ensuring that the basic needs of their children and dependent family members are addressed. We often assume that social grants should help relieve the pressures of unemployment and childcare; however, the reality is that it cannot even reduce half of SASSA beneficiaries' needs due to the escalating prices of commodities. Those fortunate enough to find employment are confronted with the constant battle of pursuing their career ambitions and family lives. Women excelling in their careers are often perceived as having failed in their family responsibilities (being good mothers and wives). The bread-and-butter issues have become a thorny subject for women who are unemployed or pursuing their careers.

The other challenge is the issue of land restitution and distribution and its role in addressing socio-economic inequalities and challenges. Though the land restitution and distribution debates advocate equal land distribution among men and women, few women have land ownership. Approximately 13% of South African women have private ownership of farmland. However, things have not changed for women living in rural areas since the discourse around land reform. Women in rural areas are subjected to the sexist oppression of traditional leaders, who do not recognise the importance of land ownership by women. In some contexts, it is perceived that women do not have any form of rights or privilege to landownership. Social norms do not encourage us to recognise women as landowners – land ownership is often recognised under marriage. If the husband passes on, the land will belong to his family to avoid losing it if a woman remarries. Due to patrilineal inheritance custom, a boy child will often be the one to inherit the land rather than a girl child. Therefore, some traditional norms do not recognise women as entitled to land ownership.

Women are vulnerable to climate change resulting from their poor socio-economic background. Women in rural areas represent a higher percentage of poor communities and depend for their livelihood on the natural resources threatened by climate change. Having a lack of access to natural resources puts women in stressful situations. In most cases, it is the responsibility of women in rural areas to ensure that their dependent family members have access to clean drinking water. When there is no access to water, for example, women would have to find means to get water and, in some cases, even travel long distances to find water. Also, they are the ones expected to gather wood to ensure that their children are fed and have drinking water. In most communities, women are not active participants in decision-making. We have internalised the notion that men are more rational leaders than women; therefore, we tend not to acknowledge women's voices in decision-making.

Commemorating Women's Month

9 August celebrates the monumental achievement of the women of 1956 who fought against sexist and racial segregation. Those women understood their enemy and united in dealing with the enemy. The present-day women are confronted with intersecting challenges. I believe South Africa should not commemorate Women's Month, since women still do not have freedom and still experience the violation of their human rights. We need active solutions, like the 1959 women, to mitigate our challenges. There is nothing to celebrate about being a woman in South Africa, since womanhood is subjected to abuse, violation, and exclusion. Without minimising the efforts and contributions of those who came before us, we should mourn the social injustices directed at, and the traumatic experiences of, South African women. The notion of imbokodo subjected women to systematic dominance, disrespect, violation, and exploitation. The lives of South African women are devalued; they continue to experience trauma imposed by the system of patriarchy.


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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