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24 June 2022 | Story Dr Nitha Ramnath
Ghana

“We are trying to close the divide between Ghanaian and South African higher education institutions. Many Ghanaians look to UK and US universities as their first option. However, the same level of education, at a far less rate, is offered at South African higher education institutions – and the University of the Free State in particular.”

These were some of the sentiments shared by His Excellency Mr Charles Asuako Owiredu, High Commissioner of the Republic of Ghana to South Africa, during his recent visit to the University of the Free State.

The High Commissioner, accompanied by the Deputy High Commissioner and Head of Protocol, was hosted by Prof Francis Petersen. After a successful meeting, the students and academics from the Ghanaian community were also engaged. “The Vice-Chancellor was full of praise for the Ghanaian students and their performance at the UFS,” said the High Commissioner.

Prof Chitja Twala, Vice-Dean in the Faculty of the Humanities, highlighted the longstanding relationship that the UFS has with the University of Ghana. “We have a good relationship with the Department of History at the University of Ghana, and we are looking forward to collaboration with the institution,” added Prof Twala.

The High Commissioner felt strongly about cementing the relationships that already exist between the UFS and universities in Ghana and will lobby for education to be included in the master framework used as an operational document between the two countries. Faculty exchanges between the UFS and Ghanaian universities were also encouraged by the High Commissioner.

The High Commissioner encouraged Ghanaian students and academics at the UFS to suggest ways to deepen the relationship between the UFS and Ghanaian institutions.

Dr Prince Sarpong, Senior Lecturer in the School for Financial Planning Law at the UFS, proposed a collaboration between the UFS and Ghanaian institutions in the field of financial planning, whereby there could be an opportunity to reach out and expand the practice of financial planning to institutions in Ghana. The High Commissioner was eager to know more about financial planning and its location within law.

Ghanaian students who attended the meeting shared their experiences and perspectives about the UFS and indicated that an excellent relationship exists with project supervisors while pursuing their studies remotely.

According to Ghanaian students based on the UFS campuses, the UFS is doing great work by engaging students from Ghana in the UFS programme. However, students indicated that challenges were experienced with the South African Qualifications Authority (SAQA).

Dr Cornelius Hagenmeier, Director of the Office for International Affairs at the UFS, assured students that the aspect of SAQA is important and will be looked into, as it relates to the recruitment of students.

The High Commissioner also suggested that the Ghana Accreditation Board engage with SAQA.

 A UFS delegation will be visiting Ghana in October to explore the opportunities in agriculture, entrepreneurship, and the Business School.

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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