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18 February 2022 | Story Leonie Bolleurs | Photo Leonie Bolleurs
Faculty of Theology and Religion opening
Present at the Faculty of Theology and Religion’s Theology Day were from the left: Dr Eugene Fortein, Dr Siphiwe Dube, Prof Rantoa Letšosa, and Prof Charlene van der Walt.

This year, the Faculty of Theology and Religion at the University of the Free State (UFS) resumed its annual tradition of celebrating the new academic year, after being halted by the COVID-19 pandemic in 2020.

The focus was on a theology of vulnerability for our times, with the theme supported by the text verse from 2 Corinthians 4:7: “We have this treasure in clay jars.” 

God embodies vulnerability

Dean of the faculty, Prof Rantoa Letšosa, left delegates with the inspiring message that one of the treasures in these clay jars is the power of God; power that enables us to stand strong and move forward in trying circumstances, such as the COVID-19 pandemic. He wished all attendees, both in person and online, to experience this extraordinary strength and power of God in the new year. 

Prof Rian Venter from the Department of Historical and Constructive Theology, who led the worship service, talked about humanity that has achieved so much – in the areas of health, space, communication, transport, etc. “Despite all these achievements, we are more insecure, with an intensified sense of vulnerability,” he said. 

“However, the One in whom we believe as our Saviour and Lord is a vulnerable God; he embodied vulnerability. We cannot talk about God as if he is not affected by our vulnerability. He is love. He is affected by us,” he said. 

Depriving people of humanity 

But to be vulnerable can also be seen as to be weak, defenceless, open to harm, in need of care, and deprived of one’s humanity. 

Dr Siphiwe Dube from the University of the Witwatersrand integrated the topic of vulnerability into the paper he delivered, speaking from a decolonialism point of view on the research topic: Towards a Decolonial Political Theology of Vulnerability: Reflections from the Margins. In one of his statements, he said that black people are living in the reality constructed for them and have not discovered what blackness is. He urged the young attendees to make use of spaces created for discussion of this matter. 

Bringing to the table another perspective on this topic, was Prof Charlene van der Walt from the School of Religion, Philosophy and Classics at the University of KwaZulu-Natal. Her paper was on the othering, stigmatisation, and exclusion experienced by the LGBTIQA+ people in the African context in general and the African faith communities in particular. She connected the shame experienced by queer people in a family setting to the story of Joseph in the book of Genesis in the Bible. In her paper: Reflecting on Joseph in the context of Izitabane vulnerability, violence, identity erasure and the imperative of recognition and accompaniment, she stated that Joseph’s otherness informed the vulnerability, exclusion, violence, and identity erasure that happens within the confines of family. 

According to Prof Van der Walt, she wished to not argue for LGBTIQA+/ Izitabane people to be seen or that they somehow ‘pass’ and slip below the radar, but that the recognition called for implied a different kind of seeing: it implied a compassionate witnessing and a humanising recognition. “It implies process, interrogation of power, empathy and imagination, weeping and a commitment to community,” she said. 

Another interesting perspective on the theology of vulnerability was that of Dr Eugene Fortein from the Department of Historical and Constructive Theology at the UFS. In his paper on Vulnerability by Design: On a Theology of Prophetic Solidarity, he asked why the vulnerable is vulnerable? What led to them being vulnerable?
 
“The presence of the vulnerable in South Africa is not an accident. It is not because of fate, but because of a design that is 370 years in the making; deliberately to keep people poor for generations to come.” 

He said it started with Jan van Riebeeck. Legislation such as the Natives Land Act of 1913, the Group Areas Act of 1950, and the Bantu Education Act of 1953 also played a key role. “These were designed to oppress one group and enabling the other to thrive.”

“The scars of this legislation are still haunting us today,” he said. 

The One in whom we believe as our Saviour and Lord is a vulnerable God; he embodied vulnerability. We cannot talk about God as if he is not affected by our vulnerability. He is love. He is affected by us. – Prof Rian Venter

“The vulnerable have names and faces. They are experiencing the effects of being vulnerable on their bodies and that is not to be taken lightly.”

“Do not only pray for the poor and the vulnerable, but work actively to bring restitution,” he said. The church now has the opportunity to be a true servant of Christ,” Dr Fortein added. 

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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