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27 June 2023 | Story Valentino Ndaba | Photo Charl Devenish
Discussing the Africa We Want
Discussing the Africa we want, were from the left: Shelton Makore (Senior Mercantile Law Lecturer), Prof Danie Brand (Director of the Free State Centre for Human Rights), Ntando Sindane (Private Law Lecturer), and Dr Isolde de Villiers (Senior Mercantile Law Lecturer).

“The Africa we want can only be achieved by promoting good governance, democracy, respect for human rights, justice and the rule of law, a peaceful and secure Africa with a strong cultural identity, common heritage, values, and ethics,” said Shelton Makore, Senior Law Lecturer in the University of the Free State Department of Mercantile Law.

He further remarked that, “Such an approach will enable Africa to have economic, political, and social development that is people-driven, relying on the potential offered by the people of Africa, especially its women and youth, caring for children, and an Africa that is strong, united, resilient, and an influential global player and partner.”

Makore's statement encapsulated a concise summary of the dialogue he moderated, which took place during Africa Month and was organised by the Faculty of Law. The main purpose of the dialogue was to delve into the African Union's Agenda 2063, titled ‘The Africa we want’, with a specific focus on advancing justice in Africa to achieve sustainable development. The discussions revolved around the idea of fostering a politically united and integrated continent that embraces the principles of Pan-Africanism and the vision of African Renaissance.

Looking back on Africa Month

The Faculty of Law hosted a two-tier Africa Day event on the Bloemfontein Campus on 25 May 2023. It included a round-table dialogue on 'Advancing Justice with a View of the Future: The 2063 Agenda for Sustainable Development' and a cultural exhibition titled: 'Appreciating Knowledge through Culture'.

Prof Danie Brand, Director of the Free State Centre for Human Rights at the UFS, Ntando Sindane, Lecturer in the Department of Private Law, and Dr Isolde de Villiers, Senior Lecturer in the Department of Mercantile Law, were part of the panel of experts who facilitated a discussion that looked through the lens of seven aspirational themes:

  • A prosperous Africa, based on inclusive growth and sustainable development
  • An integrated continent, politically united and based on the ideals of Pan-Africanism and the vision of African Renaissance
  • An Africa of good governance, democracy, respect for human rights, justice, and the rule of law
  • A peaceful and secure Africa
  • Africa with a strong cultural identity, common heritage, values, and ethics
  • An Africa whose development is people-driven, relying on the potential offered by African people, especially its women and youth, and caring for children
  • An Africa as a strong, united, resilient, and influential global player and partner

Africa’s futureEnvisioning

During the discussion, Prof Brand underscored the importance of fostering cultural diversity as a means to achieve inclusivity and a sustainable future. On the other hand, Sindane highlighted the necessity of engaging in self-reflection and adapting to the challenges posed by neoliberal and neo-colonial economic structures, aiming to address poverty, hunger, and deprivation in Africa. The panellists delved into a comprehensive exploration of the Sustainable Development Goals and their significant role in shaping the desired future for Africa. Dr De Villiers highlighted the impact of spatial injustice on people's lives, emphasising the need for fair and equitable distribution of resources and opportunities within cities and towns.

The dialogue generated valuable insights on repositioning Africa as a beacon of hope, inclusivity, justice, and prosperity, aligning with the UFS Vision 130 strategic plan. Additionally, the exhibition added to the dialogue's impact, featuring impressive displays of cultural attire, food, and artefacts by students representing diverse African countries.

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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