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15 July 2022 | Story Lacea Loader

The Council of the University of the Free State (UFS) approved the lifting of the institution’s COVID-19 Regulations and Required Vaccination Policy with immediate effect.

“Since the declaration by the Government on 22 June 2022 that the COVID-19 regulations will be repealed, the UFS has conducted a risk assessment to determine the risk of exposure to staff and students. From the assessment, it was clear that the university’s COVID-19 infections are currently a low risk,” said Prof Francis Petersen, Rector and Vice-Chancellor of the UFS.

Factors that contributed to this low risk include the following:

  • No COVID-19 positive cases among UFS staff and students have been reported in the past month.
  • The high number of vaccinations among UFS stakeholders. In addition, the current national immunity level of the total South African population is high.
  • Certain faculties and postgraduate students are currently proceeding with hybrid/online learning, which minimises the risk of possible COVID-19 infections on the university’s three campuses.
  • In its correspondence of 23 June 2022, the UFS urged all staff and students to continue wearing masks should they have comorbidities and/or symptoms of illness, thus safeguarding other stakeholders.

“We believe that COVID-19 no longer poses an immediate threat to the safety of our staff and students, and that the pandemic is at a stage where they should take responsibility for their own safety. This can be mainly ascribed to the success of the implementation of the policy. Staff and students who still wish to wear masks are urged to do so at their own discretion. Those who have not yet been vaccinated against the virus and have no

known condition preventing them from doing so, are advised to get vaccinated for their own safety and protection,” said Prof Petersen.

The UFS COVID-19 Regulations and Required Vaccination Policy was approved by the University Council on 26 November 2021 and implemented on 6 December 2021. The university commenced restricting unvaccinated individuals from accessing its campuses as of 14 February 2022.

“If the national regulatory environment with respect to COVID-19 is changing to such an extent that the policy needs to be re-implemented, the university’s executive management will act accordingly, and hence the COVID-19 Regulations and Required Vaccination Policy remains a policy of the university as approved by the UFS Council on 26 November 2021.” said Prof Petersen.

 

Uplifting of the COVID-19 vaccination policy - mitigation strategies of the University of the Free State.

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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