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25 May 2022 | Story Leonie Bolleurs | Photo Dries Myburgh
Africa Month celebration on the UFS South Campus
Attending the Africa Month celebrations on the UFS South Campus were, from the left: Temba Hlasho, Executive Director: Student Affairs; Thandeka Mosholi, Head: Social Responsibility, Enterprise, and Community Engagement; Prof Colin Chasi; Ms Zola Thamae; Prof Francis Petersen; Simphiwe Dube, South Campus SRC President; Dr Cornelius Hagenmeier, Director: Office for International Affairs; Poloko Masuelele; Nombulelo Shange, Lecturer in Sociology; and Bulelwa Moikwatlhai (seated), Office for International Affairs.

Amid great fanfare, colour, and song, the South Campus of the University of the Free State (UFS) kicked off Africa Month in celebration of education on the African continent.

Delivering welcoming remarks on behalf of Dr Marinkie Madiope – the South Campus Principal – was Poloko Masuelele, Assistant Director heading the Curriculum Design and Development Unit on the South Campus. “The African continent is suffering a great deal of challenges, including the scourges of malnutrition and strained delivery of basic education. How revolutionary would it be if we could simultaneously eradicate these vices by formulating policies, mechanisms, and vehicles that would enable us to feed, heal, and teach our people? It is incumbent on us as thought leaders to take the lead in this significant enterprise.”

Bringing a government prospect, was Ms Zola Thamae, the Acting Director in the Free State Department of Sport, Arts, Culture and Recreation. She stated that there is much that could be done to address challenges in Africa if the university and government take hands. She also urged students to read and educate themselves in order to change their background. 

Searching for African solutions

Prof Francis Petersen, Rector and Vice-Chancellor of the UFS, delivered the keynote address. Focusing on the theme of Africa Month, he said when it comes to educational development, there is no other continent that has faced the same trials and challenges as ours. “But in the harsh crucible of history, character, tenacity, and a sense of ubuntu were forged, translating into an exciting, fertile breeding ground for new knowledge creation, independent thought, and innovation,” he added. 

He quoted Paul Kagame, President of Rwanda, who said, “Africa’s story has been written by others; we need to own our problems and solutions and write our own story,” and added that over the past few decades, on many fronts and in many spheres – also in education – this is exactly what has been happening.

“We are actively searching for African solutions to African problems. The value we can offer is substantial,” he said.

Prof Petersen expressed confidence not only in Africa’s people, but also in what they are bringing to the table. “While Africa has established itself as an attractive investment destination, it is now more sought after for its people than for its physical assets. And its people have been driving exciting and encouraging developments in education.”

“In terms of Africa’s contribution to global knowledge, the world is slowly but surely acknowledging the abundant evidence of scientific innovation contributed by African scholars – not only at present, but since the earliest times.”

He also trusts that Africans have advanced considerably in decolonialising curricula. “Across our continent, African history, achievements, and discoveries have been absorbed into school curriculums, replacing a Eurocentric focus in education, and fulfilling the vision of Africans owning their own story. Most higher education institutions – the UFS included – have over the past decade or two also been engaged in a comprehensive, systematic process of decolonising our curricula – incorporating the knowledge created on our own continent in various study fields.”

Despite these encouraging milestones that education has reached in Africa, Prof Petersen is of the opinion that much remains to be done. “As custodians of higher education in Africa, and as part of the larger education sector, we have our work cut out for us,” he stated.

He believes that the unique point in time in which Africa finds itself presents an opportunity to completely reimagine the entire education landscape.

Collectively we will succeed

Also contributing some valuable input to the celebratory event, was Prof Lynette Jacobs, Associate Professor in the Department of Open and Distance Learning. She stated that one of the problems of colonial education is that it does not cultivate African self-esteem. Quoting President Julius Nyerere, she shared that “Education should not alienate students from their traditions but should rather make them appreciate themselves as Africans.” 

According to her, Africans have lost the confidence to celebrate themselves in their African cultures and traditions within the formal education environment.

“Collectiveness, togetherness, dialogue, and being authentically human are what Africa brings to the world. The world has so much to learn from Africa,” she said and asked the audience, “Do you embrace who you are and are you proud to share it with the rest of the world?”

Representing the Unit for Institutional Change and Social Justice was Prof Colin Chasi. He emphasised the importance of working together to bring about positive change in Africa. “We enhance our capacity if we are working together. Collectively we will succeed; separately we will suffer a terrible fate,” he stated. 

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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