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21 August 2023 | Story André Damons | Photo André Damons
Minister Noxolo Kiviet
Minister Noxolo Kiviet, minister of Public Service and Administration, addresses the students and guests during the ceremony.

Noxolo Kiviet, Minister of Public Service and Administration, says well-trained, capable and ethical public servants and senior management can go a long way in stemming the tide of corruption, maladministration and malfeasance.

Kiviet addressed the certificate ceremony of Executive Development Programme (EDP) participants on 16 August. This is a certificate programme offered by the University of the Free State (UFS) in partnership with the National School of Government (NSG). A total of 25 participants received their certificates. 

Time well-spent to change the society for the better

She said the programme is one that can address the need to build uniform skills and competence across the entire public service as envisioned in the national framework towards the professionalisation of the public sector. 

In congratulating the participants, Kiviet said they set the tone for many others for self-discovery, transformations and for great achievements. “The time was well-spent in ensuring that you will change the society for the better. Remember it’s a constitutional injunction, which we all in the public service strive for. 

“The time you spent and the knowledge that has been instilled in all of you, will remain forever in your memories. It is now time to pursue your dreams and make a positive impact on society through the skills and knowledge you have gained. You have displayed the necessary commitment to learn, to acquire and produce knowledge and develop expertise,” she said.  

Flagship leadership and development interventions

Kiviet told the graduates they had the honour to study at a special and distinctive university – an institute that deservingly commands an invaluable academic reputation, nationally and internationally. 

“We further take pride that this university is committed to the pursuit of equity and excellence as a cosmopolitan institution with many students from other countries. It is one of the leading research institutions on the continent.”

Kiviet said the programme is one of the flagship leadership and development interventions by the NSG. Its aim is to enhance the capacity of public service leaders in a dynamic, democratic and developmental state. South Africa can realise these goals by drawing on the energies of its people, growing an inclusive economy, building capabilities, enhancing the state’s capacity and promoting leadership and partnership throughout society. 

With programmes such as this in place, the minister continued, the public service can build the capacity through research, analysing and applying research results, while preparing these managers for challenges. To achieve this, the government must implement key interventions, including professional, meritocratic and ethical public administration, improved leadership, good governance and accountability. 

“You are amongst the talented people in the country. It is you who lead, reimagine and reshape the future of the country through fostering just and humane ways of conducting the affairs of the country to ensure human development and social justice at the heart of our conduct and actions. We look upon you to exercise with humility, leadership whenever you are given an opportunity.”

Kiviet said she expects the graduates to proceed and enroll for post-graduate qualifications so that they can advance their knowledge, sharpen their abilities to serve people with care and due diligence. To the leadership of the university, she said, they want to see more public servants return to the UFS and other universities for programmes in advanced project management, contract management, performance management, financial management and conflict resolution. 

“Design more bespoke programmes that address the specific skills deficit, not just generic programmes designed to credentialise people. It must be knowledge, know-how to do it, know-how to manage people, know-how to manage money without being tempted. Know-how must be at the core of what we do.”

Enhancing knowledge and skills

Prof Philippe Burger, Dean of the Faculty of Economic and Management Sciences, said the graduates have shown their commitment and dedication to enhancing their knowledge and skills in the service of the people of South Africa. The UFS and the NSG have a fruitful partnership that aims to provide quality education and training for public servants in different fields and disciplines.  

“Through its Vision 130, the university is a leading institution for higher learning in South Africa that creates opportunities for growth through its focused research, its engaged impact, engaged scholarship, and the character of caring, inclusion and diversity. 

“So dear students, by enhancing your capabilities as public servants, you have also contributed to the vision of building a capable state as outlined in the National Development Plan. A capable state is one that has the capacity to formulate and implement policies that serve the national interest and address the root causes of poverty, inequality and unemployment,” said Prof Burger. 

According to him, this also stands key to the mandate of the NSG and in pursuing that, the NSG will always have a partner in the UFS. The short-learning programme is one of the many initiatives on which the UFS and the NSG have partnered to address the needs and challenges of the public sector, a sector where we need to live the ubuntu principle: ‘I am, because you are’. 

Prof Burger said the programme is designed to equip students with the relevant knowledge, skills and competencies that will enable them to perform their duties more efficiently and effectively and advance their career prospects in a way that says ‘I am because you are’. 

“The programme also fosters a culture of ethical and professional conduct as well as citizen-centred service delivery. We are proud of your achievements, and we welcome and hope that you apply what you have learned in your respective workplaces.” 

Programme to sharpen practice

Busani Ngcaweni, Principal of the NSG, told the graduates regardless of what they might have achieved, they understood that to sharpen practice, they have to take the bold step to come into a programme like this. “You understand that the world of serving the public is changing and that you can no longer serve the public the same way we did years ago.”

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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