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29 June 2023 | Story Dr Ina Gouws | Photo Supplied
Dr Ina Gouws
Dr Ina Gouws is a Senior Lecturer in the Department of Political Studies and Governance

University of the Free State

We find ourselves on the other side of another Youth Day in South Africa. I acknowledge the importance of this anniversary, although I recognise that it is not for me to fully comprehend the profound significance of commemorating the events of 16 June 1976. I therefore refrain from presuming to address the depth of pain, both enduring and otherwise, that this commemoration signifies.

Let me then stay with the broader significance of Youth Month in my deliberations.

Cabinet approved the theme for Youth Month 2023 to be: “Accelerating youth economic emancipation for a sustainable future”. In 2022 the theme was: “Promoting sustainable livelihood and resilience of young people for a better tomorrow”, and, in 2021 the theme was:  “The Year of Charlotte Mannya Maxeke: Growing youth employment for an inclusive and transformed society”.

Cooperation and partnership between government and the youth is fractured

For a government known for abject failure especially regarding education and economic policy, these are lofty ambitions for which we have not seen positive results. I fear that most of our country’s youths are not aware of these themes or else take note with understandable cynicism.  The trust they should have in our government to expect positive outcomes for policies and plans simply does not exist. The cooperation and partnership that needs to be forged between government and the youth in South Africa is therefore fractured to say the least. Consequently, a sense of disillusionment has taken hold.

Feelings of marginalisation and being unheard have bred disengagement, apathy, and even resentment. It appears this government can only talk a great game. None of this is news, is it? The problem is that the breakdown in trust undermines the foundation of a healthy democracy, hindering the government’s ability to effectively represent and address the needs of our youth. The effect of this failure has disastrous consequences for young people to the very core of their dignity.

It is therefore crucial to recognise the profound human consequences that come with unemployment and dire prospects. The impact of unemployment on young individuals is not to be underestimated or only boxed into aspects of economics, as it significantly disrupts their sense of self and place in the world way beyond that. I believe the approach in South Africa should therefore also recognise the intrinsic value and dignity of the youth beyond their economic productivity. As it is,  I fear they have ended up finding their self-worth in only ever being prone to confrontation and protest, instead of constructive problem-solving. It is then no surprise that a grim view of the future can hinder the formation of new social connections and limit opportunities for networking, further exacerbating the isolation experienced by unemployed youth which feeds this apathy and disinterest the majority seem to have in the political process.

What is to be done?

I don’t see any purely political drive or approach to provoke widespread youth participation being successful in this context. What is to be done? We must start with ways to create ‘willingness’ first. For that, purpose beyond politics, in which they have lost trust and interest, is necessary. I have no doubt that the country’s youth care about their communities even if they feel disconnected and have little to offer to assist because of their dire socio-economic realities. We must create spaces for dialogue, storytelling, and collective reflection to challenge societal narratives surrounding work and success, promoting alternative measures of value and worth. Emphasising the importance of empathy, compassion, and community solidarity can help combat the stigmatisation and isolation faced by unemployed youth.

Moreover, recognising the agency and potential of young people is essential for the nation's future development and prosperity. It would be best to first focus on independent initiatives and collaborations outside of the government’s sphere of influence. Emphasising grassroots movements, civil society organisations, and community-led efforts that can drive change from the bottom up, could get the youth involved without focusing on politics alone. By focusing on initiatives that bypass or work independently of the government, youth can still actively participate and work towards their goals, and I believe that willingness to participate lies just below the surface.

Change will take time

The challenge, and perhaps frustration, is to recognise that long-term perspective and focus on building a sustainable foundation for youth political engagement will be necessary. With the damage that has been done, change will take time and involve continuous efforts beyond any specific government’s tenure. And relying so heavily on any community’s resilience should be seriously questioned, especially when it comes to the youth. There must be a more positive outcome than what they have thus far lived, after showing such perseverance. I believe we can help recover a willingness in our youth to again or for the first time participate in constructive ways to promote necessary change for themselves and their communities beyond a day or a month; for a lifetime.

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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