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16 May 2022 | Story Anthony Mthembu

According to the Gender Equality and Anti-Discrimination Office (GEADO) at the University of the Free State (UFS), an alarming number of transgender and gender-diverse persons at South African institutions of higher learning are consistently met with a great deal of neglect and exclusion. Therefore, it is imperative to constantly shine light on the injustice and violation of their human rights in order to enable spaces that acknowledge their lived realities and uphold their human dignity. 

The importance of the march

As such, the Gender Equality and Anti-Discrimination Office will be hosting a transgender march on the Bloemfontein Campus on 17  May 2022. 

“The aim of this march is to raise awareness about issues of transsexuality and gender-diverse individuals. We hope to accentuate the voices of transgender individuals and gender-diverse persons on our campuses,” expressed Delisile Mngadi, Assistant Officer in the Gender Equality and Anti-Discrimination Office. The march will commence at 09:30 from the Main Gate and will end at the Centenary Complex. In addition, members of the Gender Equality and Anti-Discrimination Office argue that the purpose of the march is to remind members of the UFS community and the society at large that the stories, the voices, and experiences of transgender and gender-diverse individuals do matter.

An invitation to staff and students 

Members of the UFS community, regardless of how they identify, are invited to take part in the march. “It is also important that cishetero persons attend the march; this shows that they stand in support of all gender-diverse persons, and it is also a great opportunity to learn.  Another reason why it is important for cisgender persons to attend the march is because violence and discrimination targeted at transgender persons remain a daily reality on our campuses, which inadvertently maintains heteronormative notions and patriarchal power that validates transphobia and homophobia,” Mngadi indicated. 

UFS staff and students who will be in attendance can expect to hear speeches from a few invited dignitaries. In addition, Mngadi, along with other members of the office, maintains that this is an opportunity for staff and students to engage with one another. The march is particularly important because it will teach staff and students “to be aware of the diversity that exists within our institution, a diversity that transcends language, religion, and ethnicity – to name just a few. People will also learn to respect this diversity, and most importantly, to understand that all lives matter”, said Mngadi.

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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