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Prof Francis Petersen
Prof Francis Petersen, Vice-Chancellor and Principal of the University of the Free State.

Opinion article by Prof Francis Petersen, Vice-Chancellor and Principal of the University of the Free State. 


The 16 Days of Activism Against Women and Child Abuse campaign has over the years raised valuable awareness around the pervasive scourge of gender-based violence that continues to plague our country in general – and our institutions of higher learning in particular. But, as with any campaign around an issue of such importance, it is vital that awareness evolves into real action. And in the higher education sphere, there is much that universities can do to make a real difference, says Prof Francis Petersen.

South Africa’s levels of violence against the more vulnerable sectors of our society remain alarming. The United Nations Children’s Fund (UNICEF) recently expressed grave concern over the latest crime statistics released by the South African Police Service. It revealed that more than three children and twelve women were murdered daily in South Africa over a 90-day period between October and December last year – while another 21 434 women and children suffered attempted murder or grievous bodily harm.

Such staggering levels of abuse can simply never be accepted as the norm. On our university campuses in particular, the rate of gender-based violence remains unacceptably high. As university authorities, it is essential that we never lose the impetus to combat this, and that we keep on dedicating resources, time, perspectives, skills, and insights to help bring about real change. 

Creating safe spaces 

It starts by ensuring that our campuses constitute physically safe spaces for our students – with all the necessary security measures in place to ensure a living and learning environment free from risk or fear. Here, special attention should be paid to ensuring safety at on-campus and off-campus accommodation, and while commuting to and from them. Policies around gender-based violence need to be developed and regularly reviewed, and the necessary support structures should be established and empowered – not only to provide aftercare, but also to work towards prevention. Universities should treat all incidents of gender-based violence in a serious light, consistently responding with swift and thorough investigations and appropriate disciplinary action. The ultimate aim is to create environments where all students and staff feel secure and respected, regardless of their gender and sexual orientation.

But our campuses should also be intellectually safe spaces, where students feel free to speak out about issues that concern them, and where archaic ideas around masculinity can be exposed, challenged, and contested without fear of humiliation or retribution. Platforms for discourse and discussion need to be deliberately created for this, with the university leadership setting the tone by speaking out against issues that work against a culture of social justice on our campuses.

Creating a safe, caring environment for our students includes listening to them, responding in an appropriate and timely way, and working with them towards co-creating real workable solutions. An important part of this is to include students in university governance structures, where they can actively influence policy and decision making around issues that affect them.

Changing harmful gender stereotypes

As centres for innovation, research, dissemination, and application of knowledge, it is essential that universities use their society-focused role to speak out against harmful gender stereotypes and outdated perceptions around gender roles. In the process, we play an important part in influencing a new generation of leaders and helping to reshape societal norms and expectations.  Our curricula should include a comprehensive focus on principles of gender parity, incorporating GBV awareness and prevention – which is why curriculum renewal remains so important. And why curricular and co-curricular programmes should all be underscored by a value system of equity, care, and social justice. 

As microcosms of what an ideal society should look like, it is of course equally essential that this equity is reflected in universities’ own human resources policies, staff complements, and hiring procedures. 

Mental health support

Universities are ideally placed to provide professional mental health support to victims of abuse – many of whom would otherwise not have easy access to it.  This support extends to cultivating assertiveness and resilience in our students. Through individual therapy, as well as the various self-awareness programmes offered on our campuses, we empower potential victims to realise their own worth. It also equips them with knowledge on how to avoid an abusive situation, and how to act when they find themselves in it. 

Combating economic abuse 

Economic abuse is a manifestation of gender-based violence that is too often overlooked. This silent and insidious form of abuse traps women in a cycle of dependency and can prevent them from pursuing employment prospects and attaining personal growth. Education remains one of the most potent weapons in the fight against economic abuse. But it needs to go even further than that. As hubs of research and critical thinking, universities should use their resources towards understanding the dynamics of economic abuse – its prevalence, consequences, and the most effective interventions to address it. As part of our society-focused role, we should also use our knowledge and skills to provide counselling, legal aid, and economic advice. 

Harnessing technology to fight abuse

The digital sphere has become a critical battleground in the fight against gender-based violence. Not only does it provide access to online platforms where survivors of gender-based violence can speak out, share experiences, and create a support network – it also enables counsellors and caregivers to reach victims who would otherwise not be able to make use of their services.

On top of that, online platforms offer a safe and discreet way for survivors to report incidents and access legal and other aid. Part of our teaching and learning as well as our community engagement functions as universities is to educate our staff and students and also the wider community about these possibilities, equipping them with digital competencies, and helping to facilitate access to online resources.

Driving a collaborative approach

I believe it is abundantly clear that institutions of higher learning have an important and meaningful role to play in the fight against gender-based violence on a variety of fronts. It is a role we should embrace, develop, and refine with growing determination. What is equally clear is that it is a fight we cannot win on our own. A collaborative approach by higher education, the private and business sector, and government is needed – to reinforce anti-abuse discourse from various angles and to escalate it into real, sustainable, and effective action.

Creating a culture of responsibility 

This much remains clear: The responsibility of preventing gender-based violence lies not only with the potential victims, but with every member of society. Universities should establish clear and mandatory reporting protocols for staff and students who witness or are aware of instances of abuse. But even more important – create a culture of responsibility, where information sharing, support, and assistance are a natural outflow of a caring, cohesive institution. 

Establishing such united university communities, based on equity, inclusivity, and social justice, is the only way we can hope to eradicate gender-based violence from our campuses – and in turn, from our society as a whole. 

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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