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05 July 2022 | Story Mandi Smallhorne
Cathedral Peak

Why mountain research matters 

“I don’t think South Africa is prepared for the possibility of a Gauteng Day Zero drought,” said Professor Francois Engelbrecht, director of the Global Change Institute at the University of the Witwatersrand. 

Professor Engelbrecht was a keynote speaker at a session of the Southern African Mountain Conference 2022, held in the Drakensberg in mid-March this year and supported by, among others, the Afromontane Research Unit at the University of the Free State (UFS). The session, hosted by international network, GEO Mountains, looked at Long-term monitoring activities and associated data availability for climate change-related applications across Africa’s mountains: status quo and next steps.

The professor went on to say we came very, very close in the 2015-2016 drought, when the Vaal Dam dropped to 25% of capacity. Had it dropped just a bit more, to 20%, the most densely populated province in South Africa, our economic hub, would have been in serious trouble, as there would have been too little water to enable pumping the last dregs into the province.

What’s the link between a Day Zero event in Gauteng and data about mountain environments?

Think of the water towers that dot the Highveld landscape in Gauteng, very visible to residents of the suburbs. Mountains can be seen as massive ‘water towers’ that provide water to people hundreds, even thousands, of kilometres from their foothills. As Dr James Thornton of GEO Mountains, co-host of the session, explained, mountains provide a flow of ecosystem services; water provision is just one of them, but it is of critical importance. “The mountains are crucial for this, due to the orographic enhancement of precipitation.” The shape and topography of mountains (their orography), forces moist air upwards into cooler air at higher elevations – an effect called ‘orographic uplift’ – so that vapour held in the air condenses into water. 

So as moisture-laden air sweeps in from the warm Indian Ocean to the east of us, it encounters the upward thrust of the long Drakensberg chain of mountains, from the Eastern Cape through Lesotho and KwaZulu-Natal and on, up to the Wolksberg Mountains in Limpopo. The upward movement of the air into colder regions triggers precipitation – rain, mist, sometimes snow.

And that moisture, falling on the soil and rocks in cool mountain air, is also less likely to evaporate and return rapidly to the atmosphere, as it might do on the coastal plains and lowlands.

The result? The most obvious consequence is waterfalls glittering in the mountain cliffs and swollen streams rushing down the slopes. Look at maps and you’ll see rivers springing from mountain sources everywhere in the world, like the Tugela heading east and the Orange flowing west from the Drakensberg in South Africa and Lesotho, or the Ganges and Indus rising in the Himalayas and the Rhine and Rhône rising in the Alps.  

Mountain water also seeps into the ground, making its way through soil and rocks and recharging the groundwater within and beyond the mountains and their foothills. This recharge of the water table from high up in the mountains also contributes to streams and rivers that supply so much of our water needs, scientists have shown.  

Mountain water in Gauteng


Gauteng residents are well aware of the role of the Vaal River in the Vaal Water Supply System, but do we understand just how much of our water originates in the Drakensberg? According to the Water Research Commission “transfers from the Maloti Drakensberg (34.4%) and the Northern Drakensberg SWSA (18.9%)” are critical to our water supply. That’s a little more than half our water in Gauteng coming from the Drakensberg.

Engelbrecht and his co-authors wrote a few years ago: “Except for the Southern Cape, the Drakensberg is the single most important source of water in Southern Africa and supplies regions where the bulk of the population resides.” (The Drakensberg Escarpment as the Great Supplier of Water to South Africa, S.J. Taylor, et al, in Developments in Earth Surface Processes Volume 21, Mountain Ice and Water, Investigations of the Hydrologic Cycle in Alpine Environments.) But, they added, due to population growth and other pressures, “In South Africa, it is now expected that demand for water will exceed supply by 2025 if nothing is done to supplement current water resources.”

That in itself is reason enough to focus on monitoring our mountains, and to support scientists observing and gathering data there. But add that to Professor Engelbrecht’s prediction that “multiyear El Nino-type droughts may plausibly occur from the mid-century (2030-2060) onwards” due to the climate change crisis, and it’s clear that we desperately need to understand the detail of how our mountains provide us with water; we urgently need to understand what is changing in the mountains.

Research matters

The ongoing and rapid changes we’re seeing in these very sensitive environments, from changing precipitation patterns, to changing land-use, to increases in population, is why we really need to “monitor and track these changes, to understand the biophysical processes and their interaction with society, and to be able to better estimate the chance, for instance, of future extreme droughts on a more local scale so we can develop measures for mitigation and adaptation,” said Dr Thornton. Better management of upstream water resources – such as the massive ‘water tower’ in the Drakensberg and elsewhere – is one tactic we should be vigorously pursuing.

There is a paucity of data about our precious mountainous areas across the world, but especially in Africa, and one of the messages of this workshop and of the conference as a whole was the importance of not just doing the monitoring and gathering of data, but making it readily accessible to all. 

Dr Susan Janse van Rensburg (of the South African Environment Observation Network or SAEON, a national facility of the National Research Foundation) spoke about the in situ environmental monitoring that is being done in important mountain areas, including Cathedral Peak, the heart of the Central Drakensberg where the conference was being held. She introduced SAEON’s new Data Portal for researchers to access and share data about mountains – and not just in South Africa, but across the whole continent. 

Omar Seidu gave a presentation on an initiative called Digital Earth Africa which collates and curates satellite data – including data on mountains. And GEO Mountains itself runs inventories which “seek to identify, link up, and make accessible existing data and information resources across the world’s mountains”.

“We’re trying to make it straightforward for researchers on the ground to make their datasets available to anybody if they choose to do so,” said Dr Thornton.

Research, observations and data-gathering on the ground (and from satellites) is the foundation for intelligent analysis, which results in solid evidence that can guide policymakers and the public to make the best choices. Mountains, our water towers, have perhaps not been enough of a focus for society in the past; information about their vital role in something as basic as water provision, and better understanding of the processes that furnish us with water, will surely help us to both mitigate and adapt to a future in which water scarcity looms so large.

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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