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01 November 2023 | Story Leonie Bolleurs | Photo Francois van Vuuren
UFS empowers through Human Settlements Training Programme
At the graduation ceremony for the Free State Provincial Department of Human Settlements, were from the left, front: Caren Somiah, Director: Housing Capacity, Building and Partnerships in the Free State Department of Human Settlements; Kagisho Motlhanke, Housing Coordinator at the Mangaung Metro; back: Thomas Stewart, Senior Lecturer in the UFS Department of Urban and Regional Planning; Dr Kgosi Mocwagae, Head of the UFS Department of Urban and Regional Planning; Adv Moferefere Dhlamini, Chief of Staff in the Office of the MEC; Sello Senoge, Matjhabeng Municipality; and Cyril Monyela, Deputy Director-General in the Free State Department of Human Settlements.

The Department of Urban and Regional Planning at the University of the Free State (UFS) hosted a certification ceremony for the Free State Provincial Department of Human Settlements on the Bloemfontein Campus on 30 October 2023.

A group of 40 officials from municipalities and the Provincial Department of Human Settlements were awarded certificates for completing four short learning programmes (SLPs) in Human Settlements, offered by the Department of Urban and Regional Planning. The training was conducted between November 2022 and May 2023.

Sustainable human settlements

“The overall aim of this training was to equip the participants to play a constructive role in human settlements in their respective places of employment,” said Dr Kgosi Mocwagae, Head of the Department of Urban and Regional Planning at the UFS. 

This is in line with the mission of the department to deliver – through excellent teaching and scholarship – competent urban and regional planners who will contribute to the creation of sustainable human settlements and improve the quality of life, particularly in Africa.

Dr Mocwagae reflected on the training presented, stating that it aimed to achieve several key objectives, including enhancing participants' understanding of the institutional framework governing the development and management of human settlements. It also sought to nurture a sensitivity to the principles of sustainable human settlement development, considering factors such as climate change, the Sustainable Development Goals (SDGs), local legislation, and best practices. Additionally, the training placed significant emphasis on the importance and processes involved in upgrading informal settlements. Furthermore, it aimed to empower participants with the necessary skills to structure a proposal for the enhancement of informal settlements within the current legislative and administrative frameworks applicable in South Africa.

Building capacity

Cyril Monyela, the Deputy Director General in the Free State Department of Human Settlements, delivered the keynote address, congratulating the cohort of officials on their remarkable achievement.

In his address, he referred to the various pieces of legislation that have emerged over the years and emphasised the need for capacity to implement human settlement sector programmes, ensuring that millions of informal households in South Africa have access to decent shelter. Enhancing sector capacity by developing the skills of staff is one of the department's primary institutional objectives.

“It is the first of many skills courses designed to enable and ensure that practitioners in the Free State Department of Human Settlements execute the department’s mandate,” he stated.

The event concluded with an address from Advocate Shirly Hyland, Director of the Kovsie Phahamisa Academy. According to her, it is important to remember where one comes from, but it is also key to focus on our future. “Witnessing plans that originated in the 1950s coming to fruition, while not perfect yet, is encouraging and instils hope in South Africans regarding the progress being made,” she remarked. 

Adv Hyland referenced a quote from a corporate giant, ‘You are not your work, and your work is not you.’ “For you, this is not the case. Those of you who work in human settlements – your work literally follows you home. Human settlements affect every person from every sphere of life. The right to adequate housing is enshrined in the Bill of Rights, and with the expertise you have learned in these programmes, you have been equipped with the knowledge and power to bring this human right to life.”

“In completing this short learning programme, you have been entrusted with a critical task. You get to contribute to an environment in which citizens live and thrive. The environment where a veggie garden can feed a community; the environment in which the Protea or Bafana Bafana national teams can nurture their talents; and the environment in which the leaders of tomorrow are born and raised,” she said. 

In her final remarks, Adv Hyland referred to a quote from former President Nelson Mandela about education being the most powerful weapon one can use to change the world. “And this is exactly what you are doing. You have worked hard,” she said, urging the group of practitioners to change the world, one human settlement at a time. 

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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