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28 February 2023 | Story Edzani Nephalela | Photo Edzani Nephalela
Dr Luyanda Marhaya
Dr Luyanda Marhaya, Director of Academic Planning and Quality Assurance at the UFS.

Dr Luyanda Marhaya, Director of Academic Planning and Quality Assurance at the University of the Free State (UFS), has been selected by the Department of Higher Education and Training (DHET) to join the Foundation Provision Reference Group (FPRG). His primary role in this position is to assist the Department in assessing applications for foundation programmes submitted by universities, ensuring compliance with the current Foundation Provision Guidelines. 

As the author of the book Does Extended Programme Provision Work in South Africa?, Dr Marhaya is a recognised expert in the field. 

The Department of Communication and Marketing (DCM) at the UFS recently interviewed Dr Marhaya to understand his responsibilities better:

Can you tell us more about your appointment as a member of the FPRG?

Over and above the supportive role, one of the major issues I will be involved in will be to provide input into the revision and finalisation of the Extended Curriculum Programme Policy Framework for the higher sector in South Africa.

What kind of projects or initiatives do you see being a priority?

One of the significant ongoing projects will be evaluating applications for foundation programmes of the different universities in South Africa, so one will have to allocate time, as many universities currently offer these programmes.

What do you hope to bring to the table as a group member?

Interestingly, I started as an academic about 15 years ago in the foundation programmes. I spent a good five years of my teaching at a university level dealing with students who gained entry through foundation programmes. I completely understand their purpose, intentions, and significance, especially concerning student access and success. 

How will the Foundation Provision Reference Group benefit students and the education system?

Student access is a serious issue in South Africa, especially regarding the preparedness of many university students. So, I believe if we develop guidelines that can assist universities in coordinating these programmes in a well-structured manner, there could be many benefits.

What challenges do you anticipate facing in this role, and how do you plan to address them?

I think the major issue will be time constraints. My role is very demanding, and I am already involved in several other external committees, such as the Council on Higher Education, so I think my time management has to be very good.

How do you plan to work with other group members to achieve the group’s goals?

I believe in lifelong learning. I will certainly contribute, but the value of these interactions comes from learning from others.

Can you discuss any past experiences that have prepared you for this role?

I also wrote a book, titled Does Extended Programme Provision Work in South Africa?, in which I explored all the intricacies around these programmes. As Director: Academic Planning at the UFS, I also oversee the quality and provision of foundation programmes, so you could say I bring some expertise.

What are your long-term goals for the foundation programmes, and your role as a reference group member?

I foresee this as a long-term service that will benefit the country as a whole, so I suppose the Department will keep up so that we can provide capacity development to all universities that offer foundation programmes.

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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