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Open Access 3

Should the UFS continue to subscribe to academic journals that are behind a paywall?

On 12 May 2022, the University of the Free State (UFS) held an online seminar on Open Science, posing this question.

The seminar was facilitated by Prof Corli Witthuhn, Vice-Rector: Research and Internationalisation, who was joined by the following experts: Colleen Campbell from the Max Planck Digital Library (MPDL) in Munich, Germany, where she coordinates the Open Access 2020 Initiative; Ellen Tise, Senior Director of Library and Information Services at Stellenbosch University (SU); Glen Truran, Director of the South African National Library and Information Consortium (SANLiC); and Charlie Molepo, Deputy Director at the UFS Library Service. The discussion centred around the issues of accessing and publishing academic content behind a paywall, and what open access initiatives are doing to transition scholarly work to an open access (OA) paradigm.

“Publishing academic content behind a paywall not only limits access to scholarly work, but also prevents research output from being visible and making maximum impact,” the university stated.

Paywalls vs Open Access

A paywall is a figurative wall used to limit access to certain prestigious academic content. Overcoming this wall usually means a one-time purchase option where the reader buys the content from the publisher, or it could be subscription-based where you pay a subscription fee for a fixed period. OA, on the other hand, seeks to make any scholarly work freely available to anyone interested in accessing it, including those who cannot afford the subscription fees.

"Currently, authors are required to give up copyright of their research articles to publishers. We want to move to a fully open paradigm where authors can redeem and openly license their articles so that they are free to share, use, and reuse their work so that science can move forward faster. By making it open, we gain a wider possible readership that will help improve the quality of science,” Campbell said.

Furthermore, not only are publishers making a profit from subscription fees, but they also benefit significantly from hefty publishing and author fees.

“Researchers are paying to publish their research output, and libraries are paying to access it in what is known as double-dipping by publishers, leading to what we term ‘serial crisis’. Research institutions pay twice and still do not see their research widely available to be read.”

Transformative Agreements 

The panel explained the use of transformative agreements as a strategy to achieve full OA publishing. This strategy includes OA initiatives that organise investments around open research communication, demanding price transparency from publishers, as well as reorganising workflow and building up the capacity to make OA a default.

With Truran presenting statistics on OA in South Africa, he highlighted that “only 46% of South African journals are available freely, the rest are still out of reach of those who cannot afford to pay the costs associated with paywalls”. Tise touched on some negotiation principles for a transformational transition to OA. “Inclusivity and social justice must be core. Publishers must have an equity, diversity, and inclusion plan that addresses the challenges of researchers in the Global South.”

Should the UFS continue to subscribe to academic journals that are behind a paywall? 
Truran answered this question by saying: “If we’re going to cancel subscriptions, then we should do it in unity and at the appropriate time. At the same time giving transformative agreements a go."

In his closing remarks, Molepo clarified the university’s stance on OA: “The UFS has taken a decision to publish all our journals in-house. We have flipped from subscription to full OA, and in the process, have seen a huge improvement in terms of citation. The impact of those journals has improved drastically from 2015 to 2021. We are content with that. The route to OA is the route this university should be taking,” he said.

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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