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South Africa is facing increasing water stress due to a variety of factors.

South Africa, like the rest of Africa, is facing increasing water stress due to a variety of factors, including inadequate maintenance and investment in water and sanitation infrastructure, unequal access to water, poor water quality, and increasingly unsustainable water demand. Flooding and drought disasters and disruptions in water and sanitation services have become more frequent in recent years amidst a growing population in a semi-arid country.

In addition to the ongoing load shedding crisis we are facing, South Africa is rapidly approaching a situation where “water shedding” is becoming a tangible issue. Although it hasn’t reached a nationwide scale yet, the occurrence of disruptions in water supply systems due to shortages and a combination of other factors is growing significantly.

This situation is detrimental, not only to South Africa’s developmental goals but also to its socio-economic position within the Southern African development community region and the continent as a whole.

This is according to academics from the University of the Free State (UFS) and the University of Pretoria (UP) who were part of a group of academics and industry experts who did an independent assessment of Operation Vulindlela’s impact on South Africa. Pres Cyril Ramaphosa unveiled Operation Vulindlela – a joint initiative of the Presidency and National Treasury that aims to modernise and transform network industries – in 2020 as the vehicle to “fast-track the delivery of economic reforms”.

Prof Paul Oberholster, Director of the UFS Centre for Environmental Management and an expert in wastewater treatment, and Dr Yolandi Schoeman, his Postdoctoral Fellow, together with Prof Emma Archer, Professor in Geography and Environmental Studies at the University of Pretoria were asked by Rand Merchant Bank (RMB) to focus on water.

Bring about the structural change

RMB states in the report that it commissioned a body of work by academics and industry experts to independently evaluate whether the execution of policy initiatives set out by Operation Vulindlela, would bring about the structural change that is necessary to accelerate SA’s growth and employment. The subsequent parts of this report focus on three of the five network industries identified by Operation Vulindlela – electricity, water and transport (ports and rail).

“It was an honour to have been part of this project with RMB and to unpack and strategically assess the water sector in South Africa. We know that there are plenty of challenges, but there are also remarkable opportunities where we can implement solutions and demonstrate impact, bring about change and work hard in turning the situation around as a joint constructive collaborative approach.

“They are very keen on working with leaders in the water space with qualities of strategic thinking, innovation, collaboration, inclusivity, and a strong commitment to sustainable development. It is an impactful contribution indeed,” says Prof Oberholster.

In their sections of the report, under heading South Africa's Blue Revolution: Investing in a thriving water future South Africa, Prof Oberholster, Dr Schoeman and Prof Archer, focused on five themes, namely Water for planetary health, Water for development, Water for climate, resilience and the environment, Water for cooperation and The Water Decade of Action.

“We were asked to evaluate the viability of what is still left to be done in the water sector in South Africa. We were asked to contribute our thinking to the RMB handbook for the purpose of distribution to corporate and institutional clients. As part of our outcome we provided clear and unbiased direction to RMB’s clients on the joint initiative the likely impact of Operation Vulindlela on economic growth and what still needs to be done to turn the water sector around,” according to Prof Oberholster.

Guidelines to improve the country’s water situation

He says their aim was to give guidelines on how to improve the country’s water situation. He believes the work they have done with this assessment and on other occasions, will help the UFS in its goal to be a university that impactfully supports societal development as set out in Vision 130, which states: Our knowledge will continue to contribute to the development of the Free State, South Africa, and the African continent and to advance global knowledge and understanding.

As clean water and sanitation is Goal 6 of the 17 Sustainable Development Goals (SDGs), it is a further indication of the importance of this research and work.

According to Dr Schoeman, reports like these are important because they help raise awareness of the challenges and opportunities for achieving water security and sustainable development. They identify problems and bottlenecks within the industry, helping to target areas that require immediate attention and action. They provide potential solutions and enable dialogue to the problems identified, giving stakeholders a roadmap for action and providing essential background that can enable investment and further inform investment priorities.

“Such reports help to inform planning and decision-making processes by providing data, evidence, and recommendations based on research and analysis.  They encourage collaboration and coordination among stakeholders by providing a common understanding of the issues and potential solutions.

“They also provide guidance and recommendations for decision-makers to improve water resources management and governance. Water is a vital resource for human health, food security, energy production, environmental protection and more, so it is essential to recognise its worth and incorporate it into planning and policies,” says Dr Schoeman.

Blue Revolution

The academics also talks about the Blue Revolution – essential blue solutions – in supporting Operation Vulindlela which can enable a sustainable future for South Africa's water management system. The Blue Revolution in South Africa, write the academics, refers to a comprehensive strategy and functional implementation for modernising and transforming the country’s water sector. It aims to improve water management practices and enhance the water sector’s overall efficiency, effectiveness, and sustainability in enabling planetary health.

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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