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Union Building Pretoria
The University of the Free State presented its first webinar titled, The threats to South Africa’s domestic stability and security challenges, which is part of the 2023 Thought-Leader Webinar Series on Tuesday 4 April.

The biggest threat to South Africa’s domestic stability and the health of the country’s democracy is its leadership and the continuing political corruption of the ANC.

This is according to the panelists at the University of the Free State (UFS) first Thought-Leader webinar for the year. The webinar titled, The threats to South Africa’s domestic stability and security challenges, had as panelists Busisiwe Mavuso, Chief Executive Officer: Business Leadership South Africa; Palesa Morudu, Director: Strategy and Marketing Clarity Global Strategic Communications; Prof Hussein Solomon, Senior Professor: Centre for Gender and Africa Studies, UFS; and Dr Ivor Chipkin, Co-Founder and Director: New South Institute. Prof Francis Petersen, UFS Rector and Vice-Chancellor was the facilitator. 

Lawlessness is the problem

Mavuso said the essence of the country’s problems is lawlessness. 

“The conversation is not just about threats, but when you look at why these threats exist, it’s because we have a lawlessness problem as a country. South Africa has degenerated into a lawless country. And lawlessness is the symptom. If you want to get to the bottom of why we have a lawlessness problem, my view is that we need to start with the root – the culture issue.

“South Africa’s problem when it comes to corruption, is a culture problem. It is a culture that has been cultivated and set from the top. The political culture in South Africa is that being accused of a crime is not embarrassing. We have a culture conducive to theft, and if that is the culture at the top, what makes you think that as a country people won’t follow suit because the message is clear that crime pays and that nothing will happen to you and you can still hold political office. Better still, you can be the president of the country,” said Mavuso. 

According to her, the Global Initiative Against Transnational Organised Crime report last year shows that SA is witnessing a dramatic expansion and legitimisation of organised crime which is rising rapidly, with dire implications for the economy and the country’s stability.

Mavuso said countries fall apart when governance fails at government level because it is governments that set countries apart, not geography. Government is what separates good prosperous states from bad failing states. And it is unfortunately where we are as a country because our leaders are not what they ought to be. 

The focus for the country right now, said Mavuso, needs to be economic recovery, trying to attract investment as it is the only way to get out of this economic rut and deal with poverty, unemployment, and inequality crises.  

“I am worried that if we do not get this right, domestic stability is not going to get better. The threat to South Africa is bigger than we comprehend. It really is an issue of leadership. The solution is having the right leadership that is going to set the right tone. Let us agree and accept that South Africa is divorced from leadership which is why we are on the verge of becoming another failed African state.”

Not unique to South Africa

In her presentation, Morudu also focused on international policy and to what extent it may or not lead to negative developments on the domestic front. She said the topic is not unique to SA as the world is going through a deeply unsettling phase. From the threats to democracy, to climate change, to rising inequality, a bloody war in Ukraine, threatening economic recession as a result of COVID-19, and a growing mental health crisis among young people, especially in the US. 

“The world is quite a frightening place at the moment. I am not saying this to say that our problems are minor, but to help us understand the international context and that if we do not respond with some speed to our present challenges, not only will our backsliding economy and politics have very serious consequences for us, but it will also have major consequences for the part we play in the international system.

“I think it makes absolutely no sense for South Africa to align with Moscow over the conflict in Ukraine. Russia invaded a sovereign country; it came into that country with tanks and guns. It is very much like when the apartheid government invaded Angola in 1975 and pretty much stayed there until 1988,” said Morudu. 

According to her, South Africa’s backsliding democratic principles and foreign policy will also find expression in domestic policy. Nothing demonstrated this as keenly as the years of state capture that we lived through over the past 10 to 15 years. State institutions were hollowed out and rendered ineffective. Says Morudu: “The corruption of institutions took hold and thieves inside the state stole with impunity. The end result of that was there for all the world to see during the mass riots of July 2021. The state was literally unable to secure the safety of its own citizens. People had to organise themselves to stop the looting and to provide basic services to one another. It was an extraordinary moment for South Africa.”

Crises of democracy and the crisis of government 

Dr Chipkin said there seems to be a strong correlation in the crises of democracy in South Africa and the crisis of government. “There are questions around the role, integrity or value of democracy and I think a lot of that has to do with the crisis of government, the seeming inability of our public service, our state institutions, to deliver on the very ambitious programme of economic transformation that is part of constitutional promise.”

He said there has been a lot of work done to professionalise the public service in SA. “It is credible, intelligent, durable and I do believe that there is some appetite for change. There is an opportunity for the university to jump into that space, as activists or as academics, to claim and widen that space going forward.”

He believes that reforming the public service is going to close the door or at least narrow a pathway to the kind of corruption we have in SA. “As we make improvements in professionalising public services, I suspect organised crime is going to grow as it will be threatened by these progressive initiatives. It is going to resist. What is pertinent on the agenda is progressive moves towards modernisation in SA need to be accompanied by serious moves to reform and improve the capacity of the police to respond to the situation of interpersonal emergencies of organised crime in particular, and ultimately state capture.”

According to him, the situation [with the police] is not as dire as we think. He said the police as an institution is probably in a better state than we would like to think. “It is not full of incompetent policemen. I think it is full of a thousand capable, committed, honest and sincere policemen trying to do their jobs under circumstances which are terrifying difficult. I think challenges in the police are rather institutional.”   

Corporate sector reeling from criminal violence

Prof Solomon said the country’s security situation is rapidly deteriorating and he fears something really bad is lurking on the horizon for the country and its people. “Consider the following. It is estimated that more than 40% of women in South Africa will be raped in their lifetimes and that only one in nine rapes are reported. It is also estimated that only 14% of perpetrators of rapes are convicted in South Africa,” he said.

He stressed that beyond the level of personal violence, the corporate sector is also reeling from criminal violence. According to him, in 2019 already, 183 infrastructure and construction projects nationwide valued at more than R63 billion have been hindered by violent disruptions by the so-called construction mafia who euphemistically refer to themselves as business forums, typically demanding a 30% stake in projects.

“There has been little to no police intervention to stop this extortion economy and foreign investors flee in the face of the naked violence. As every first-year political science student knows, one of the characteristics of the state is its monopoly over coercive force within its territorial boundaries. The existence of these construction mafias and their ability to exert violence undermines this statehood, therefore South Africa is increasingly being referred to as a failed state.” 

He says this inaction begs the question as to what the state of our security services is. For 20 years terrorist financing in SA has been an issue. In July 2022 the problem of terrorism financing came to the fore when the United Nations Security Council experienced grave concern at how the Islamic State’s tentacles were spreading across the African continent and how SA has been used to fund Islamic State affiliates. 

“The bottom line is this. South Africa’s security situation is worsening. There are concrete recommendations which we can embark upon, but these will not work whilst the ANC is in power. The government lacks the capacity and legitimacy to rein in the forces of chaos which are about to envelop the country,” 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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