Latest News Archive

Please select Category, Year, and then Month to display items
Previous Archive
31 May 2023 | Story Prof Anthony Turton | Photo Supplied
Prof Anthony Turton
Prof Anthony Turton is a water expert from the Centre for Environmental Management at the University of the Free State.


Opinion article by Prof Anthony Turton, Centre for Environmental Management, University of the Free State.


This week, our national sewage crisis really began to bite. A media storm has erupted over the cholera outbreak in Hammanskraal, while some families are now grieving for their dead relatives. It is important that we start this story by remembering the dead, because they were breadwinners in families, all doing their best to survive the tribulations of our times. They died unnecessarily, the victims of the slow onset disaster I spoke of in 2008 at a conference titled ‘Science Real and Relevant’.

At that conference, reference was made to three water quality challenges that we, in the dwindling aquatic sciences community, were all too aware of, but unable to speak about. We noted trends that data sets were showing us, and we felt a growing sense of alarm about the consequences of the trajectories on the graphs. We noted that our systems were failing rapidly, with much of our hard infrastructure in the water sector approaching the end of its useful design life. We noted with alarm the loss of skills, as the ravages of purging took its toll on our science, engineering, and technology core.  We noted the loss of dilution capacity in all our rivers after the first National Water Resource Strategy (NWRS), mandated by the National Water Act (NWA), indicated that we had allocated 98% of all the water in all our rivers and dams, as far back as 2002. We noted the migration of plumes of uranium moving into the headwaters of both the Vaal and Crocodile Rivers, both tributaries of the Orange and Limpopo respectively, driven by uncontrolled decant of acid mine water, as the gold mining industry started to collapse.

From these sets of data, a simple conclusion was drawn – SA was heading for a slow onset disaster unless we could convince our political leadership that we need to do things differently.

Here are some facts in the wake of the cholera crisis.

Fact 1 – The South African economy ran out of water in 2002 when the NWRS revealed that we had already allocated 98% of all the water we have legally available in terms of the NWA. This means that we cannot convince investors to have confidence in our future. We face an investment drought as a direct result of this startling but irrefutable fact.

Fact 2 – We produce more than 5 billion litres of sewage daily, all of which is discharged into our rivers and dams, only about 10% of which is treated to a standard that makes it safe for direct human contact.

Fact 3 – The Green and Blue Drop Reporting System was suspended by Nomvula Mokonyane when the data was showing trends in the failure of our sewage treatment works. This is like a pilot in a commercial airliner switching off the radar screen because the information being revealed was becoming uncomfortable to the poorly trained, but rapidly promoted cockpit crew. This is the undeniable genesis of the deaths we are seeing today.

Fact 4 – Because of Facts 1 and 2 combined, our tsunami of sewage can no longer be diluted in our rivers. In fact, more than 60% of all our large dams are now eutrophic, with highly enriched water breeding toxic cyanobacteria, all thriving off the warming water and growing flow of nutrients from sewage. In simple truth, we have lost our dilution capacity, and our rivers have been turned into hazardous sewers breeding harmful pathogens, including the flesh-eating bacteria that cost RW Johnson his leg. This means that cholera is only one of the risks we are facing from raw sewage in our rivers. For example, Hepatitis A is a waterborne pathogen directly related to sewage-contaminated rivers, but this is being reported separately in our slow onset disaster, so the penny has yet to drop.

Fact 5 – The current Minister of Water and Sanitation, Mr Senzo Mchunu, was brave enough to reinstate the Green and Blue Drop Reporting System, which has now shown that more than 90% of our wastewater treatment works are dysfunctional. He is a brave man in so doing, and I want to publicly support him as he tries to rebuild the trust that was destroyed by a previous minister.

So, this is where we are today. People are dying as a direct consequence of decisions made by a former minister, who clearly failed in her custodial role. She must ultimately be held to account for her dereliction of duty and blatant betrayal of public trust. Just this week, a spokesperson for the Presidency noted that his office was unable to intervene in another crisis, because the cooperative governance clause in our constitution prevented one sphere of government from intervening in the activities of another sphere. We must challenge this constitutional weakness and seek clarification from the appropriate court. How can a constitutional clause be so irrational as to prevent one part of government from intervening in another to avert a catastrophe? How many more lives must be lost to the absurdity of legal protection for those in power, while their activities are clearly not in the best interest of society as a whole? Surely a constitutional democracy is about empowering the citizens by protecting them against the consequences of failed service delivery.

From the depths of despair in the families of those whose lives have been lost to an entirely preventable illness, let us find the strength to rally as one and shout out, ‘enough is enough’. Our noble constitution grants all citizens rights to a better life in an environment that is safe from harm. Let us restore that dream by demanding that our sewage flows be brought under control. Surely this is the basis of modern civilization, irrespective of political persuasion or ideological preference.

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

We use cookies to make interactions with our websites and services easy and meaningful. To better understand how they are used, read more about the UFS cookie policy. By continuing to use this site you are giving us your consent to do this.

Accept