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#Opinion: The longest walk to freedom: from the perspective of the homeless

26 April 2023 | Story Kelebogile Boleu and Jean-Paul Pophaim | Photo Supplied

Jean-Paul Pophiam and Kelebogile Oliver — Kelebogile Boleu and Jean-Paul Pophaim, lecturers at the Department of Criminology, University of the Free State and Governing board members at Kidz Care Trust

Opinion article by Kelebogile Boleu and Jean-Paul Pophaim, Lecturers at the Department of Criminology, University of the Free State and Governing board members at Kidz Care Trust.

Freedom Day commemorates the first democratic elections held in post-apartheid South Africa on 27 April 1994. This day reminds us of the immeasurable sacrifices made by individuals and groups to help break the chains of unjust segregation and bring about the promotion of equality, fairness and basic human rights for all South Africans. This day not only marks our emancipation as South Africans, but reminds us of the constitutional promise of peace, hope and a brighter tomorrow for everyone. Over the past few years, many South Africans have begun to question this monumental rise to freedom, with all of the challenges we have been facing as a country – having one of the highest youth unemployment rates globally, social challenges associated with housing, education and the lack of access to basic needs such as food, electricity and water. We are 28 years into democracy and some individuals have yet to experience freedom and enjoy their basic human rights to the fullest. A prime example of this would be our country’s homeless population. Forced to exist in the most marginal and rundown conditions, the homeless are often treated as second-class citizens, criminalised, ostracised and deprived of their most basic human rights on a daily basis.

The fallacy of freedom for the homeless

At the dawn of democracy, it was assumed that freedom and human rights for all would be an automatic process. However, this remains untrue in the lives of the marginalised and destitute. The homeless face many barriers in society regarding access to their basic human rights and services to acknowledge and support a life of dignity, equality and respect. Based on a devalued social status and the stigma attached to life on the street, many homeless people are forced to exist in spaces devoid of their innate right to freedom as alluded to in a previous publication . The homeless face immense challenges when seeking assistance from SA Police Service officials when they attempt to make use of healthcare services and other social service sectors. The discomfort they create for other members of society is inhumanely vocalised and enforced in various ‘public spaces’ – where their unwelcome presence is solidified by the treatment they are subjected to. Street-living youth are deprived of their childhoods, bearing the challenges of a broken society – unable to enjoy their youth, attend school, play with friends and realise their potential to be the leaders of tomorrow.

When we see children begging on the street, we often ask ourselves – where are their parents and why are they not in school? Or we simply assume they are naughty or deviant and probably do not know the value and importance of education. The majority of the broader society are quick to judge and hardly ever go a step further to consider the ‘bigger picture’. The reality is that most of these children have no adult figure or support system in place and as a result often turn to unconventional survival strategies which include various petty crimes and sex work just to secure a meal. The last thing on their minds is going to school and even if they find a school that is willing to accept them, many do not have the necessary documentation required at admission (birth certificates amongst others). Although we do have a few good policies in place for children, the situation for street-living youth remains bleak – as many of them do not fit the narrative of a school-going child and as a result face severe cases of marginalisation, discrimination, bullying and unfair treatment by peers and educators alike. Despite these challenges, organisations such as Kidz Care Trust (KCT) remain committed to continue advocating for the rights of the child.

Efforts by Civil Organisations

Civil organisations in South Africa have always played an instrumental role in righting the wrongs of our unequal society. Many organisations continue to pick up the slack and assist in creating a more dignified life, one that is aligned with the premise of our democratic Constitution. To draw focus to our involvement and affiliation with KCT, since its establishment, the trust has been responsible for rendering life-changing services to children living and working on the street with the purpose of reuniting them with their families and communities. Due to the ongoing violation of children’s rights and freedom, KCT focuses on restoring hope where there is hopelessness, distrust and disrespect by a sometimes, unforgiving society confronted with children living and surviving on the street.

To raise awareness and promote the fight for equal rights and absolute freedom for all street-living youth and adults, we thought it would be fitting to share some of the most heart-warming success stories achieved by the trust to date. Currently one of the boys at KCT is completing his matric, another has been placed in a high school and several others are enrolled at a nearby primary school – with one grade 7 pupil achieving perfect and high scores for his assessments – proving once again that anything is possible with a bit of support. For the purposes of the next story, an alias has been used to protect the identity of the individual involved:

A young man fighting for his right to be a responsible and contributing citizen

Tristan’s story is one filled with hardships and challenges that stretch far beyond the imagination of the average South African citizen. Through hard work, sheer willpower and the determination to succeed – Tristan managed to overcome the adversity that started at the age of just three, when he was abandoned by his family.

Tristan was placed into foster care, only for his foster parent to pass away and he ended up in the tentative care of an elderly neighbour. Tristan knew that he did not have much time to live with the neighbour and decided to move to the street at the age of 10. This is where he crossed paths with KCT. Tristan was part of a group of street children who begged at the traffic lights near Mimosa Mall in Bloemfontein during peak times. While he found refuge with this group of children, he started sniffing glue and smoking cannabis (dagga). He battled the cold, faced starvation and violent attacks while on the street. Tristan moved into the KCT Child and Youth Care Centre when he was 12 years old, initially struggling to adapt to the rules and routines of the centre. As a result, he got into a lot of altercations with other boys at the centre. His issues with substances (glue and cannabis) and claiming that he felt like a failure due to his challenges at school, led to him running away from the centre a number of times. The children’s court then ordered Tristan to attend Jimmie Roos School. As things started to improve, he turned 18 and the system no longer had room for him. He couldn’t find employment and decided to move in with a friend in a township which was when he was revisited by his previous challenges with substance abuse. Eventually, unable to cope, he contacted KCT and they decided to include him in their youth programme – where he was taught cooking, gardening, cleaning and work etiquette skills. After acquiring his identity document, Tristan was enrolled for an in-service training programme at Kopano Nokeng Conference Centre. The person who assisted him was so impressed by his performance and ambition to succeed that Tristan was later offered part-time employment as a waiter and to assist with organising events. Today, Tristan has full-time employment as a caretaker and also takes care of his 93-year-old grandfather.

This is one of many stories KCT can share with pride – showing that a rough start does not always mean a rough ending. On days such as this it is important to reflect on the struggles that led to the celebration of Freedom Day and to remember what freedom truly means and that it should be a reality for all.

“Be kind, for everyone you meet is fighting a battle you know nothing about” ~ Wendy Mass.

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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