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Opinion: Ramaphosa vs Sisulu scold war: Winning hearts and minds of constituents

28 January 2022 | Story Prof Sethulego Matebesi | Photo Sonia Small (Kaleidoscope Studios)

Opinion article by Prof Sethulego Matebesi, Academic Head of Department, Associate Professor: Sociology, University of the Free State .

In Teams of Rivals, author Doris Goodwin notes how former American president Abraham Lincoln created value by surrounding himself with people who have the capacity and the tenacity to challenge him. Despite many of the challenges he faced throughout his presidency, he managed to build a common cause with his cabinet to foster the interests of Americans. In a completely different text, Crisis of Conscience: Whistleblowing in an Age of Fraud, Tom Mueller laments how people fail to act out of apathy, complicity, or fear.

These two distinct texts raise the question of how leadership should react to criticism and the requisite degree of freedom of speech that public representatives should have.

Similarly, the back-and-forth saga between Tourism Minister Lindiwe Sisulu and President Cyril Ramaphosa over whether she apologised for her opinion piece that criticised black judges, effectively drills home a longstanding historical lesson. This lesson is that political astuteness is a phenomenon as old as the history of politics itself.

Although the astuteness shown by Sisulu against critics from her political party may be puzzling, her public exchanges that a statement by President Cyril Ramaphosa was a ‘misrepresentation’ of their meeting are more puzzling.

But why is this puzzling? What are we to do about what some call a show of unprecedented defiance and others assertiveness? We also need to ask whether Sisulu’s stance can be adequately explained by those who label her as being arrogant and who deserve to be fired by President Ramaphosa.

A political travesty to apologise on behalf of Sisulu

Public apologies are a common occurrence globally. They often come by way of assuming guilt, expressing remorse, and admitting responsibility. Thus, proper apology etiquette requires the ‘wrongdoer’ to deliver the apology. However, this was not the case with Minister Sisulu.

Sisulu acted in a very public way with her opinion piece and her response to the ‘apology in her name’ released by the presidency. Certainly, with her experience as a public figure, she was aware of the implications of her actions.

Furthermore, she was consistent with her narrative against criticism directed towards her. Yet, we do not know why the presidency saw the need to apologise on behalf of Sisulu. Perhaps it had unreasonable expectations that Sisulu would publicly accept what she disagreed with privately.

Notwithstanding the sincerity of the presidency in dealing with this matter, supporters of President Ramaphosa will, on the one hand, be disillusioned by this own goal. At the same time, those who support Minister Sisulu may be encouraged by her steadfast refusal to accept a coerced apology used as a shaming mechanism. She inadvertently represents a dynamic articulation of an alternative repertoire of contention within the ANC.

Lately, we have witnessed a surge of nationalism globally during the COVID-19 pandemic. The Economist referred to the narrative battle between China and the United States over the pandemic as a ‘new scold war’, threatening to tear the world apart. But, as this Sino-US relationship reminds us, what is at stake is less the tit-for-tat scold war between Sisulu and Ramaphosa that threatens to spiral out of control, than the subdued attempts to attain constituent support within the ANC.

Sisulu herself has never publicly indicated her availability to contest the presidency of the ANC at its next elective conference. By any measure, if she does have such aspirations, stepping forward and engaging politically is one thing, but open defiance of authority is another. Since there are no permanently privileged constituencies in political malaise created by regeneration projects such as the organisational renewal drive of the ANC, the struggle to articulate and establish the interests of those who are aggrieved within the party is an ongoing process.

But where does this leave President Ramaphosa?

Many commentators have noted that his long game is no longer effective. However, President Ramaphosa wants to upend the notion that robust debates within the structures of the ANC are not tolerated. He is wary of the propensity of ANC structures to support those who are victimised. And while the scold war is in full swing, others will join in trying to win the hearts and minds of ANC members.

Meanwhile, when failure to act decisively in the face of predictable situations facing the country, particularly during a crisis; we can then no longer talk about protecting the interests of South Africans.

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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