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Protest
Student protest has been a hot topic on many campuses across the country.

The University of the Free State (UFS) Faculty of the Humanities provided the platform for a robust dialogue on student protests in South Africa. The round-table discussion, titled ‘Humanistic Perspectives on Student Protests in South Africa’, took place on 30 May 2022, with an impressive panel drawn from the Humanities, senior management of the UFS, and student governance.  

Vice-Dean of the Faculty of the Humanities Prof Chitja Twala said the faculty thought it prudent to lead this discussion by hosting a round-table talk. “Student protest will be with us for some time, and we need to engage and talk about these issues from a humanistic point of view – it is important for us,” he said.

“It is only when we dialogue and engage with each other that we can meet each other halfway and understand the problems students are faced with, and students can understand the problems institutions of higher learning are faced with.”  

The dialogue was an opportunity to discuss humanistic perspectives on student protests and included the following topics, among others: dynamics of student protests, the relationship between politics and protests, why protests are a challenge for the higher education sector, and the possible responses to protests by universities. 

“We wanted an academic experience and we wanted to give a sense of the different kind of angles when looking at protest, and we have not even scratched the surface,” said Prof Heidi Hudson, Dean of the Faculty of the Humanities. 

* Listen to the discussion on the podcast recording below to gain insights from the six speakers. 


Protesting is important in addressing issues

Panellist Prof Sethulego Matebesi, who is an expert on community protests, said protesting is the main modality of expression for social movements in South Africa. He also said that protesting is a key element to celebrate, because people now have the right to protest. 

Student Governance Manager Motlogeloa Moema agreed that protest is important and is not something to be frowned upon. “Protesting is a reaction and a manifestation of grievances that have not been addressed, both in the community and institutions of higher learning,” Moema said. He added that it needs to be acknowledged that protesting is not a bad thing, and that it is “a democratic right enshrined in our Constitution”. 

These sentiments tied in with those of UFS Rector and Vice-Chancellor Prof Francis Petersen, who said that protesting campaigns like the #RhodesMustFall and subsequent #FeesMustFall movements addressed certain issues and were actually helping to resolve and address the issues at hand. “Some of these are not resolved, but the role protest plays is quite critical.” 

Management must ensure stakeholder safety

Prof Petersen aimed to contextualise student protests from the viewpoint of the university management team. He said the UFS is home to both students and staff, and management’s mandate is to ensure that everyone feels welcome and can reach their maximum potential in an enabling environment. “The formal structures must facilitate and ensure that staff and students do what they are here to do,” Prof Petersen said. 

“The question is how that protest is being conducted, as there are rules for protesting; in fact the Constitution tries to assist and guide us on how protest should be conducted,” Prof Petersen said. “Protesting is a constitutional right, and we respect that right at the UFS.”

Student equivalent of dialogue planned

The Division of Student Affairs plans to host a student equivalent of this dialogue in the second semester. “This discussion was to get the perspective from academics, and then we will get the student perspective,” Moema said.

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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