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The Global South is no longer weak

14 June 2022 | Story Dr Nitha Ramnath | Photo Francois van Vuuren (iflair photography)

Prof Anil Sooklal, Ambassador-at-Large for Asia and BRICS in the Department of International Relations and Cooperation, Republic of South Africa

“The Global South is no longer weak. Nor will we continue to perpetuate suffering imposed upon us. BRICS has an important role to play in shaping the emerging international order at this critical juncture in human history.” These were the sentiments of Prof Anil Sooklal, Ambassador-at-Large for Asia and BRICS, Department of International Relations and Cooperation, Republic of South Africa, who presented a guest lecture titled: The Role of BRICS in Shaping the Emerging International Order. The lecture, hosted by the University of the Free State (UFS), was followed by a panel discussion facilitated by Prof Francis Petersen, the Rector and Vice-Chancellor of the UFS, with panel members comprising Prof Philippe Burger, Dean of the Faculty of Economic and Management Sciences, UFS; Prof Hussein Solomon, Senior Professor, Political Studies and Governance, UFS; and Ms Mosibudi Motimele, Lecturer, Political Studies and Governance, UFS.

While the outbreak of the Russia-Ukraine war has prompted questions about the future of BRICS, Ambassador Sooklal’s position is clear – there is a future for BRICS. “It is paramount that the Global South is no longer an outlier or merely a witness to an evolving global architecture,” says Ambassador Sooklal. He emphasised that “BRICS is a powerful voice of countries of the South. The BRICS Outreach and BRICS Plus have been embraced by the countries of the South, which have been interacting with BRICS over the past decade, including the AU and other regional organisations of the South”.

BRICS was founded on the core principle of shaping an international order that is fair, just, inclusive, equitable, and representative. It is also focused on strengthening and reforming multilateral systems, with the UN at its centre. “It is important that BRICS remains true to its founding principles and continues, now more than ever, to champion the core interests of the Global South, especially overcoming political, economic, and financial marginalisation. Furthermore, BRICS must continue to address the key developmental challenges of poverty, underdevelopment, and inequality, which have been relegated to the margins by most in the international community. BRICS must become a force multiplier in addressing the key challenges of the developing world,” added Ambassador Sooklal.

The ambassador cautioned South Africa against being drawn into a major power contestation and encouraged that those who seek to perpetuate their hegemonic ambitions on the global stage be challenged.

“BRICS must continue to champion the interests of the South while also working in partnership and co-operation with the global community, including countries of the North that share a common vision of creating a global order that is underpinned by multi-polarity, a rule-based international order, international law, and a reinvigorated, reformed, and strengthened multilateral system with the UN at its centre,” said Ambassador Sooklal.

He added that we must return to the ideals of the UN Charter and build a people-centred world order, as so succinctly stated in the preamble of the charter.

Prof Burger reflected on the nature of BRICS and expressed that the nature of BRICS is not all that clear because of the political developments in BRICS and the US over the past eight years. “In spite of all the business and academic interaction, BRICS today is ideologically weaker than a decade ago, as its members are less united in purpose,” said Prof Burger.

Prof Burger added that politics in four of the five BRICS countries turned nationalist. “For two of the four, this means a new Cold War with the US.

For the other two, however, this means closer ties with the US.”

Where does this leave South Africa, the fifth country? According to Prof Burger, we should not burn our bridges. “We need Chinese and US investments, and we should also learn the nature of the regimes in all four of the other BRICS countries.”

Prof Anil Sooklal with Prof Francis Petersen, UFS Rector and Vice-Chancellor. Photo: Francois van Vuuren.

“As a country that really needs to get its economy growing, we will certainly need to tread very carefully,” said Prof Burger.

Prof Solomon was not convinced that BRICS had a role to play in shaping the international order, taking a rather pessimistic view of the BRICS grouping, which he felt made no sense, sharing no common values nor strategic interests.

“China’s economic relationship with Africa, as with many of its other so-called partners, is one of neo-colonialism,” said Prof Solomon. He added that China and Russia have anti-West rhetoric and a narrative of decolonisation in common, while expanding their own national interests across the continent.

“More worrying is the militarisation of China’s presence in Africa – this does not represent a new emancipatory order, but an old order based on national interests and power. Moreover, it constitutes a clear and present danger to South Africa’s own national interests,” added Prof Solomon.

Ambassador Sooklal’s paper can here.

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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