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18 July 2023 | Story André Damons and Samkelo Fetile | Photo Stephen Collett
UFS Thought-Leader Series
The 2023 Thought-Leader Panel. From left: Prof Bonang Mohale, Dr Lindie Koorts, Prof Francis Petersen, Dr Sipho Pityana and Prof Piet Croucamp.

Panelists at the University of the Free State’s (UFS) Thought-Leader Panel discussion disagreed whether South Africa has a culture of acceptance, with one panelist claiming “it is absolute nonsense”.

Prof Piet Croucamp, who teaches politics at the North-West University (NWU), answered the question whether South Africans just accept things as if they were normal because they do not know anything different with a frank: “It is absolute nonsense”. 

Prof Croucamp was one of four panelists who took part in the panel discussion titled: “A Culture of Acceptance – South Africa’s Greatest Threat?” as part of the 2023 Thought-Leader Series on Thursday (13 July 2023). The other panelists were Prof Bonang Mohale, President: Business Unity South Africa and UFS Chancellor; Dr Sipho Pityana, Founder and Chairman: Izingwe Capital; and Dr Lindie Koorts, Research Fellow: International Studies Group (ISG), UFS.

Prof Francis Petersen, UFS Vice-Chancellor and Principal, was the facilitator. 

Biggest motion of no confidence 

Prof Croucamp said only 47% of registered voters turned up to vote during the 2021 elections and only 12% of eligible voters voted for the ANC, while 88% voted for other political parties or stayed away.

“The reason why the ANC dipped below 50% is because people stayed away and by staying away, they were saying something. They were saying ‘we have lost confidence in this particular system’, but more so in this political party. It is the biggest motion of no confidence that I have seen in this country.

“Only 12% could identify with that narrative. So do not tell me people are passive and have nothing to say and that they have just accepted things. It is simply not true,” Prof Croucamp said.

According to him, black entrepreneurs who have benefited from black economic empowerment and who operate mostly in the informal economy, are responsible for the recent burning of trucks. They are now seeking to enter the value chain of the formal economy, in this case, the logistics economy.

“They compete with each other through the use of violence. Bheki Cele (minister of police) said the burning of trucks is business-related and I agree with him. It spilled over from the mining industry in Mpumalanga. These are economically empowered entrepreneurs who use violence and crime as a way to establish themselves in the value chain. Do not for one moment believe it has something to do with the violence of July 2021.”

Culture of acceptance 

Prof Mohale said the timing of the recent truck burnings is interesting because it happened on the second anniversary of the violence that occurred in July 2021. These attacks on the trucks are clearly coordinated. By Thursday morning (13 July this week) 21 trucks had been burned. There is no way this was spontaneous, he said. 

“The timing is important. Look at the data; from 9 July 2021 – two weeks which are referred loosely to as a failed insurrection with rampant looting – Minister Bheki Cele at that time talked about the “Dirty Dozen” because 12 people were identified as responsible and he said they would be arrested soon. 

“Yesterday (Wednesday 12 July) he tells us about the Dirty Dozen again. Look how easily we accept this number. The same way that we accepted a report in 2003 from the Truth and Reconciliation Commission which said those people who did not get full amnesty because they did not disclose must be charged. Twenty years later nobody has been charged,” said Prof Mohale.

According to him, there is a culture of acceptance of everything we are promised. We are told they were going to do “A”. Nothing is done and there are no consequences.

The two weeks in July 2021 are important, he said. There were two components, part of it was highly organised and orchestrated via WhatsApp messages. Then the other half was spontaneous.

“Look at the economic consequences.” They were not helping black people but were plunging them further into poverty. More than 350 people were killed and 200 malls burned and 5 000 businesses destroyed. Some 40 000 jobs were put at risk, eight warehouses and 11 factories were gutted and 1 400 ATMs were destroyed and R160 million was stolen. More than 1.5 million rounds of ammunition were stolen which later found their way to cash-in-transit robberies, Prof Mohale said. 

Constitution an empowering tool in the hands of citizens

Dr Pityana said the most urgent threat facing this country today, is that of becoming a failed state and the acceleration towards that failure. The questions that citizens have to ask is what can be done to stem that acceleration?

“My reference point when I think about this nation is the constitution because the constitution is a fantastic tool in the hands of each and every citizen. It is a very empowering tool. There are two things we did when we adopted the constitution; two very important pieces of legislation were passed. The first was the Promotion of Administrative Justice Act. The next is the Promotion of Access to Information Act (PAIA).

“The constitution enjoins us to drive a value-based society. A value-based society as distinct from a majoritarian society. The importance of that, is that it is a tool that is about saying to each and every one of us as South Africans what is the vision of the country that we want to build. The value of the constitution is that we must build an inclusive society and it does not matter what our station is. For as long as there is a poor person somewhere, we are exclusive. For as long as there is somebody somewhere who feels they do not belong, they do not have access to health, education, they do not have access to a range of things, it is not good enough to say that at least I get it,” said Dr Pityana. 

Elites feeding off the people 

Dr Koorts, who often writes on the links between current affairs and history, agreed with Prof Croucamp that the stay-away vote was a huge vote of no confidence in the ANC. But, she continued, it is keeping the country where it is. The ANC suffers from what she calls the “broad-church disease”. 

 “We need transition. Does the answer lie with our opposition parties? I would say they suffer from the same ‘broad-church disease’, unfortunately, because you trying to find as many votes as possible and you accommodate as many as possible, which is very laudable. But again, contradictory forces mean you are not getting anywhere. Unfortunately, if there's one party that does not suffer from broad-church disease, I would say it’s EFF who really know what they stand for,” Dr Koorts said. 

She also said elites are feeding off the people because people are doing things for themselves. 

“If people are doing things for themselves, for example, fixing potholes themselves – great, that money can be pocketed. Getting refuse to the dumps by ourselves, more money to be pocketed, solar panels, water tanks, etc. But tax collection does not stop. You have an elite feeding off people. ‘Do-it-yourself’ cannot go without accountability. Because otherwise you will just be doing more and more for yourself”.

Watch the series below:

                                                 

 

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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