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01 December 2022 | Story Lacea Loader | Photo iFLAIR Photography

During its meeting on 25 November 2022, the Council of the University of the Free State (UFS) unanimously approved the name changes of five residences on the Bloemfontein Campus. 

The UFS Institutional Transformation Plan (ITP) states that a transformed university in South Africa will be one that strives for social justice in everything it does. It will be an institution where its diverse people feel a sense of common purpose and where the symbols and spaces, systems and daily practices all reflect a commitment to openness and engagement. 

“It is in this context that the names and symbols of all 36 residences on the Bloemfontein Campus have been reviewed to ensure that the institutional culture and spaces contribute to an inclusive sense of belonging. The process was started in 2021 through the university’s Naming Committee,” said Prof Francis Petersen, UFS Rector and Vice-Chancellor. 

Subsequently, a process was launched for the review and adjustment of the names of several residences on campus. The recommended name changes express the university’s commitment to courageously grapple with its shared past, present, and future. They are informed by the (2020) Naming and Renaming Policy, which “recognises that the names bestowed on its assets must sustain a harmonious balance between descriptive functions, the university’s origins, the rich history and heritage of the UFS, and the constitutionally democratic society it is designed to serve”. 

As such, the following name changes were approved by the UFS Council:

“The renaming process of the five residences included a variety of activities, all of which focused on building and implementing an engagement and consultation process with the various stakeholders and role player communities,” said Prof Petersen. 

During the renaming process, an important approach of the Naming Committee was to balance the social justice and multilingual agenda of the UFS. Therefore, the languages used in the renaming process reflect not only some of the languages spoken at the UFS (i.e., English, Sesotho, Afrikaans, and isiZulu), but also languages such as isiXhosa, Kiswahili and the use of a name that draws on the national motto in ways that recognise the Khoisan heritage of the Free State and South Africa. 

“The renaming process is an important milestone for the UFS as it symbolises and celebrates the courage and vision of the university community for its commitment to transformation and for participating in a process which aims at producing a names and symbols environment in which all can experience belonging,” said Prof Petersen. 

During the Council meeting, the Naming Committee was thanked for the work done and for the balanced approach to the process of renaming the residences. 

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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