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23 September 2022 | Story Anthony Mthembu | Photo iFlair Photography
Umakhoyane
Umakhoyane: Indigenous South African instrument affiliated with the Zulu tribe.

According to Dr Absolum Nkosi, Senior Lecturer in the Odeion School of Music at the University of the Free State (UFS), “ancient traditional instruments form part of the African heritage”. As such, with Heritage Day upon us, it is imperative to highlight these South African indigenous musical instruments. 

Some of the most prominent South African musical instruments currently in the possession of the UFS, include uhadi and umakhoyane, also referred to as ugubhu. At first glance, one would think that these instruments are the same. This would not be an incorrect assumption. In fact, these instruments share similarities in terms of purpose and how they have been used throughout their existence. 

Similarities and differences between the instruments
For instance, both uhadi and umakhoyane (ugubhu) are instruments traditionally played by women. Dr Nkosi maintains that songs accompanied by any of these instruments are usually personal, as they cover topics such as love, family, and relationships. Furthermore, the songs that were sung with the assistance of these instruments, were also about a reflection of the individual’s mental state. As such, the fact that both instruments have a very soft sound aided in that reflective process. 

However, there are key variations between these instruments. Uhadi is a single-string acoustic bow affiliated with the Xhosa tribe, whereas umakhoyane is a single-string acoustic bow affiliated with the Zulu tribe. In addition, umakhoyane possesses a bridge in the middle that uhadi does not. Furthermore, there is also a difference in the sound produced by the two instruments. “Uhadi produces one sound when it is played with the string openly without touching it; you can then get the second sound by pinching and releasing the string using the index finger and a thumb. However, umakhoyane produces two notes when playing the string on the upper and the lower level. The bridge in the middle of the string divides it into an upper part (low tone) and a lower part (high tone),” Dr Nkosi indicated.  

It is imperative to note that these instruments have adapted over time. In fact, they have been used in genres such as Jazz and contemporary Afro music. Therefore, Dr Nkosi believes that the preservation of these indigenous instruments is essential, as it keeps the African musical identity alive. 

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Inaugural lecture explores the compatibility of commercial certainty and constitutionalism
2015-10-15

From the left: Prof Caroline Nicholson,
Prof Elizabeth Snyman van Deventer,
Justice Malcolm Wallis and Dr Lis Lange.

Justice Malcolm Wallis presented his inaugural lecture, entitled “Compatibility of commercial certainty and constitutionalism”, to the Faculty of Law on 17 September, 2015. The occasion was attended by faculty staff, students, and senior members of the Bloemfontein judiciary.

In her welcoming remarks, Prof Caroline Nicholson, Dean of the Faculty of Law at the UFS,  expressed the immense pride the faculty has in hosting such an occasion, and the remarkable work of Justice Wallis in the South African legal fraternity over his forty-year career.

Justice Wallis spoke of the constitution’s important role in ensuring that the law in commercial matters is enforced fairly without the prejudice or undue influence from the desire to obtain or preserve personal advantage. “Try, if you can, to conceive of a society in which commercial relationships are enforced and enforceable purely as a matter of discretion. Ask yourselves:  how would such a society function?” he said.

He reiterated that the role and the rule of law is to guide and protect parties in commercial transactions. It has considerable impact on society in how it is enforced. “Commercial disputes may seem to involve only the parties to the proceedings, but when they involve significant changes to established commercial law, their impact is inevitably wider. Such changes affect other agreements, other relationships, underlying financing transactions, and, in our modern world, contracts of insurance and reinsurance. The latter at least will always have an international dimension,” he said.

He explored specific judgements and the role the concept of “Ubuntu” played in delivering them, the fair enforcement of commercial law, and how this should be an integral part of South African law under the constitution.

 In closing, Justice Wallis stated that “in principle, the existence of a constitution and constitutional rights need not destabilise commercial law, or the reasonable expectations of business people.”

Justice Wallis has received numerous accolades locally and internationally during his long career, including his appointment as a Professor Extraordinary in the Department of Mercantile Law at the University of the Free State in 2014.



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