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06 June 2022 | Story Prof Francis Petersen | Photo Sonia Small
Prof Francis Petersen
Prof Francis Petersen, Rector and Vice-Chancellor of the University of the Free State.

Opinion article by Prof Francis Petersen, Rector and Vice-Chancellor of the University of the Free State.
It is our harsh South African reality that racially charged incidents, such as the recent incident at Stellenbosch University, can happen at any institution at any time. Disheartening as they may be, they should not detract us from the very real journey towards true transformation and social cohesion that is taking place on South African campuses of higher education.

Along with all the various forms of change and transformation that different sectors in our country have undergone over the past few decades, there has also been a definite shift in the role of public universities. It has evolved from an almost exclusive focus on academics to a more society-focused role. An undeniable and very important part of universities’ mandate in modern-day South Africa is to make a positive difference in the communities we serve. This inevitably includes embracing transformation, inclusivity, and diversity. In short: universities must be microcosms of the kind of community that we want to see in the broader South African context.

Transformation in higher learning 

Since 1994, all university campuses have in one way or another implemented well-designed transformation processes and social cohesion programmes – reflected in their institutional culture, physical environment, and the Academic Project. What we should always bear in mind, though, is that transformation in its very essence can never be a complete process. It can never simply mean changing from one thing into something else, but it is rather an ever-continuing process that requires incessant focus and a resolute acceptance that you will never really arrive at a final destination. What this implies for universities is that – true to our nature – we should always challenge the status quo, question conventional wisdom, always wrestle with complex issues, and never settle. Only by doing this will we achieve perpetual renewal, which is what true transformation boils down to.

Over the years, there has been an important shift at traditionally white universities that runs much deeper than just a superficial change in numbers and racial composition. Black South Africans at these institutions have reached a critical mass, which means they can now more freely express their convictions about their individual lived experiences, and in the process assist in shaping the institutional culture in ways that recognise diversity. And often, certain events can act as triggers for them to express these lived experiences as a collective.

Trigger events that cause us to pause and reflect

In the past, transformation efforts at universities were centred around attempts to absorb, assimilate, and homogenise individuals into the dominant culture, instead of institutions shaping their institutional culture to adapt to their changing student population. The latter approach is far more effective and organic, requiring institutions to not only recognise and embrace diversification, but also to respond and adapt to it. Undesirable incidents or phenomena, whether in the form of acts of racism, gender-based violence, bullying, or any form of othering or intolerance then become triggers that should make us pause and reflect on where we are in our journey towards transformation, and whether we need to adapt in any area or in any way.  

I want to differ from observers who feel that the Stellenbosch urinating incident is not worth spending any time or discussion on. I believe it is vital that we understand these ‘triggers’, because it is in the process of grappling with it as a university society – in those sometimes-uncomfortable conversations that challenge us on so many levels – that true transformation occurs.  

Former trigger events at the UFS

A distressing trigger event in our own university’s history was in 2016, when white rugby spectators attacked a group of black protestors at the UFS. What made this particularly painful was that it happened almost a decade after the notorious Reitz video incident, when a racially offensive, humiliating student video made in response to the university’s residence integration policies at the time, surfaced. The Shimla Park incident was an immense disillusionment for the university leadership, as it flew in the face of the great strides made towards social cohesion in the preceding eight years. It was a stark reminder that transformation will always be a ‘moving towards’, as opposed to an ‘arrival at’. True transformation is a process that requires a constant listening to diverse student and staff voices from all angles, an unrelenting focus on visible leadership, constant interaction with the diverse groups that make up a campus community, which is then consistently translated into action and institutional reform. 

It also requires a continuous creation of spaces where students and staff can express themselves without fear. It is vital that platforms are created in different parts of an institution where diverse voices can be heard. And it is equally vital that we listen to these voices, and that intensive discourse be followed up with real action, ultimately shaping the institutional culture. It requires that we use these painful trigger events as moments to pause and reflect on our transformation journey. What is imperative, is that the entire institution should be involved in this reflection process – not only the policy drafters or those who specifically deal with social cohesion. 
 
Youth Month – an opportunity to assess involvement

Youth Month gives us the opportunity to consider just how well we are listening to the voices of young South Africans – specifically in our higher education sector. We need the youth to speak out, and to take up the positions that institutions of learning have created for student representation in their leadership structures as an important part of the transformation process. We also need them to respond in a very circumspect and mature way to the trigger events that challenge our transformational journey. They should expose and denounce them in no uncertain terms, but guard against triggering similar actions in the process, which will only lead to further polarisation and discord. Instead, they should treat trigger events as opportunities to pause and reflect on how they can become part of the journey towards solutions.

Trigger events don’t define individuals or institutions

There are numerous challenges facing universities countrywide: racism, gender-based violence, xenophobia, mental health challenges, intolerance, and many more. Try as we might, we cannot always prevent these challenges from ‘breaching our defences’.  And when they do, we need to draw on all sectors of our university community to come to terms with it as an institution and devise a strategy going forward. It is in this process that we make progress on our journey towards true social cohesion.

I recently came across this very apt description relating to mental health – which is one of those issues we need to continuously and openly address on our campuses:  

“Mental health problems don’t define who you are. They are something you experience. You walk in the rain and you feel the rain, but you are not the rain.” 

In the same way, trigger events that happen in our university spaces are issues that we have to deal with, talk about, address, and learn from. They are part of our students’ lived experience and should therefore shape our institutional journeys. But they do not define, limit, or reflect who and what we are. Or what we may become. 

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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