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11 July 2023 | Story Dr Sunday Paul C Onwuegbuchulam | Photo Supplied
Dr Sunday Onwuegbuchulam
Dr Sunday Paul C Onwuegbuchulam is from the Centre for Gender and Africa Studies, University of the Free State.


Opinion article by Dr Sunday Paul C Onwuegbuchulam, Centre for Gender and Africa Studies, University of the Free State.


It has been more than a year since Putin declared his pogrom in Ukraine, which he termed a ‘special military operation’. The war – which Putin envisaged to last a few weeks – is now going into the second year, with lots of people killed on both sides, including civilians. It is also notable that the war has seen the destruction of several key civilian infrastructures in Ukraine, and different human rights abuses carried out by Russian soldiers and their Wagner Mercenary Group. It suffices to say that the bloodletting and destruction in Ukraine have been great, and up until now, there seems to be no solution at hand to stop this war. As the war drags on, with Ukraine engaging in counter-offensives to reclaim its stolen lands, the question on the mind of many is when and how this is going to end. Several countries, including China and South Africa, are making efforts to broker peace in Ukraine. China, for example, proposed a twelve-point political settlement framework, which, among other things, suggested that the Western countries relax their sanctions against Russia and called for a cease-fire and peace talks. In more recent times, South African President Cyril Ramaphosa led an African group to Ukraine on a peace mission in yet another effort to broker peace between Russia and Ukraine.

Brokering peace in Ukraine and Russia while their backyard is burning

My issue in the article concerns this move by African countries, especially South Africa. Firstly, I am wondering how these so-called African leaders can jet off to Ukraine and Russia to broker peace while their backyard here in Africa is burning with conflicts. One wonders why this delegation considers the Ukrainian conflict more serious than, for example, the ongoing war in Sudan. Secondly, I have a gripe against South Africa’s efforts to broker peace in Ukraine, when some of its leaders, politicians, and educated elites have come out categorically to enunciate the phrase, ‘We stand with Russia’. It is the same thing as China (which has clearly stated its alignment with Russia) now proposing a peace plan for stopping a war that Russia is complicit in starting. I am okay with countries aligning themselves with other countries. It is a norm in international relations and is good for cordial relationships among nations of the world.  My issue is with the double standards being played out by nations and that exist in the contemporary international relations arena.

The double standards being exhibited by countries around the world regarding Putin’s war against Ukraine will be an albatross that will ultimately lead to the failure of the peace talks and peace proposals. Notably, both China and South Africa have not been frugal with words against the West and have come short of blaming the whole war on the West and NATO, arguing that NATO’s expansionism agenda in Eastern Europe has led to the war. They further argue that Russia has the right to protect its territorial integrity (against the perceived NATO threat), hence the reason for Putin’s war. But these leaders also fail to condemn the fact that Putin invaded a sovereign country at peace, thereby going against the UN Charter (Article 2, 4) on sovereignty and the maintenance of territorial integrity of nations. They have not condemned Putin’s war, which is a threat to global peace and world order. Furthermore, the hypocrisy is evident in the condemnation of America and the West for the atrocities committed in Iraq, Afghanistan, and elsewhere in the world (rightly so), but these countries have not been vociferous in condemning Putin for doing the same in Ukraine. South Africa, for example, has been vocal against the plight of Palestinians under Israel’s ‘apartheid repression’, but the country and its leaders have been indolent in calling Putin out regarding the war crimes going on in Ukraine, in which he has been implicated personally. Hence, in my view, this war has revealed the double standards by different countries of the world when it comes to the issue of maintaining the values enshrined in international humanitarian law and the fundamental principles of human rights as encapsulated in different UN documents. In more recent times, there have been denied reports that South Africa is supplying Russia with arms to aid its war in Ukraine; if true, this is the highest form of hypocrisy from a nation that trumpets respect for human rights and the need to maintain international order.

War in Ukraine is a war of choice

Rather than telling Putin to get out of Ukraine as a way of ensuring a genuine cease-fire, China and South Africa, for example, are going around in circles using some diplomatic approaches such as peace talks that propose peace plans, which they know Ukraine will reject. It should not be forgotten that this war in Ukraine is a war of choice, and it was Putin’s choice to invade a nation he saw as helpless and thought he could conquer within weeks. One wonders whether Putin did not foresee that America and NATO – which supported Ukraine even before this war – would come to Ukraine’s aid. On this, I think it is rather disingenuous that some argue that America and NATO could stop the war by ending the supply of arms to Ukraine to defend itself. The insincerity in this proposal is that these people are saying – just fold your arms and allow Putin to have what he wants and grab as much land as he wants in Ukraine. The hypocrisy also plays out here; they assert that Russia has the right to engage in this war to protect its territorial integrity against NATO’s expansionism, but it is not right for Ukraine to engage in the war to defend its territorial integrity. This kind of thinking is what ultimately led to WWII, because world leaders at the time turned a blind eye to Hitler's first land grabs (Czechoslovakia and Austria for example) until it was too late.

It may sound rather simplistic, but there is truth in the proposal that those who want true peace in Ukraine and Eastern Europe should just advise Putin to withdraw from Ukraine and stop this NAZI-style land grab he has engaged in since the annexation of Crimea in 2014. In my view, this war in Ukraine is going on today because some countries did not condemn that first flaunting of the stipulation of international law on the sovereignty of nations. This, in my view, emboldened Putin, hence his engagement in this war against Ukraine. Putin started this war. He can easily stop it, and the nations that have aligned themselves with Russia (including China and South Africa, and other African countries) can genuinely assist in stopping the war by jettisoning the double standards that are rife in the international relations arena, advising Putin to withdraw from Ukraine. We must not forget that if they keep quiet and Putin’s expansionist move is allowed to stand, it is open season for such a scenario to replicate itself elsewhere in the world. The big elephant in the room remains China, with its eye on Taiwan.

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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