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23 February 2022 | Story Lacea Loader

On the morning of 23 February 2022, some of the entrance gates to the Bloemfontein Campus were blocked by groups of protesting students. The gates were cleared by members of Protection Services and traffic could continue to enter and exit the campus.

Sporadic disruption of classes occurred during the course of the day, with several students being arrested by the South African Police Service (SAPS) for disruption of classes, which is contravention of the interdict.

The disruptive behaviour stems from students’ unhappiness with the response to the memorandum handed to the university management by the Bloemfontein Campus Central Student Representative Council (CSRC) on 21 February 2022. Also on 21 February, a memorandum was handed to the management of the Qwaqwa Campus by the campus’ CSRC. The Qwaqwa Campus was temporarily closed yesterday, following violent protest action this week; the date for the reopening of the campus will be communicated in due course. 

Today’s disruptive behaviour demonstrated by the group of students on the Bloemfontein Campus is condemned and will not be tolerated.

During this week and on numerous occasions before that, the university management has been in extensive engagements with the CSRCs on both campuses; concessions were made where possible, as was demanded in the two memoranda. However, the responses given, and the concessions made by the university were not accepted by the student leadership of the Bloemfontein Campus CSCR in particular, with more demands being made.


Concessions from the beginning of 2022:

To ensure that students register successfully for the 2022 academic year, the UFS has granted a number of financial concessions to students since the beginning of the year. The financial support given was specifically intended to fast-track the registration process of students with outstanding debt, and those awaiting confirmation of funding from the National Student Financial Aid Scheme (NSFAS). 

These concessions included:

  • Allowing students who have previously registered for foundation programmes and those who have continued with mainstream programmes to register without the prerequisite of a first payment. The provision was granted to students who applied with the N+ rule and whose respective foundation programmes are included in the Department of Higher Education and Training-funded list.
  • Permitting students with outstanding debt of up to R25 000 and who await NSFAS funding to register provisionally.
  • The university also allowed conditional registration for first-time entering students, giving those who have applied for NSFAS funding until 28 February 2022 to finalise their registration. First-time entering students, both residential and non-residential, could register conditionally, provided that they pay an amount of R500.

Demands in the two memoranda received from the CSRCs on the Bloemfontein and Qwaqwa Campuses included matters such as private accommodation; emergency accommodation; catch-up plans for students who have not yet registered; a registration threshold increase to R30 000; NSFAS allowances; and the extension of registration for international students without study permits. The Bloemfontein Campus CSRC did not accept the university’s responses to the memorandum.

The university management will continue engaging with the SRC.

Safety measures in place:

The situation on the Bloemfontein Campus is closely monitored. Protection Services is on high alert and continues to work closely with the SAPS to ensure stability on the campus.

 

Issued by:
Lacea Loader
Director: Communication and Marketing
University of the Free State
loaderl@ufs.ac.za

23 February 2022

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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