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2023 UFS Thought-Leader Webinar Series
Prof Adam Habib, Director: School of Oriental and African Studies at the University of London and former Vice-Chancellor of the University of the Witwatersrand (Wits), and Dr Max Price, former Vice-Chancellor of the University of Cape Town (UCT), took part in the University of the Free State (UFS) Thought-Leader webinar titled, Student protest action, politics, and higher education. Prof Francis Petersen, UFS Vice-Chancellor and Principal, was the facilitator.

The crisis in South African universities is a crisis of the faction fighting in the ANC. 

This is according to Prof Adam Habib, Director: School of Oriental and African Studies at the University of London and former Vice-Chancellor of the University of the Witwatersrand (Wits), who was a panellist on Tuesday (21 November 2023) at the University of the Free State (UFS) Thought-Leader webinar titled, Student protest action, politics, and higher education.

Dr Max Price – former Vice-Chancellor of the University of Cape Town (UCT) – was the other panellist, and Prof Francis Petersen, UFS Vice-Chancellor and Principal, was the facilitator. This webinar was part of the 2023 Thought-Leader Webinar Series.

The two academics discussed their respective experiences in leadership positions during the #RhodesMustFall and #FeesMustFall student protest movements, the lessons learnt during these tumultuous times, and how these events continue to influence the current landscape in the higher education sector in South Africa and further afield. The discussion also reflected on their respective books – Rebels and Rage: Reflecting on #FeesMustFall, and Statues and Storms: Leading through change. 

Failed to achieve free education

Prof Habib said the social movements were successful in some areas but failed to achieve free education. “There was a big story about concessions around NSFAS. I would argue that it has as much to do with the protests as it has with the faction fighting within the ANC and the character of the former president.”

“We knew that the concessions made by President (Jacob) Zuma will not resolve the financial challenges, the missing-middle challenge remains and the fact that we have continued protests every year is a sign of that. The university crisis is a crisis of the faction fights of the ANC and until we call it out, we will not be able to deal with it,” said Prof Habib.

Rethink student governance 

He also talked about social struggles turning violent and said there is a romanticisation of violence in South Africa. A hard line against violence needs to be taken, said Prof Habib, and the only way to deal with it is to get the balance right in terms of acculturation and accountability, and proactive behaviour to engage with students and management, staff, and unions about what is acceptable practice and what is not. 

Prof Habib further said that there is a need to rethink student governance: “I don’t mean politics; I mean party politics. Too much of student governance is about the ANC competing with the DA, competing with the EFF. They are fighting universities on policies their political parties created the policies on. Their political parties created the policy infrastructure for the crisis in universities and then they are protesting against it.” 

“I want to be clear – student politics is important; however, student party politics is paralysing our institutions and there is something to be said about how we get student governance to represent the views of students as opposed to representing the views of the political parties. I don’t think we will sort out the problem of student governance until we get political parties out of the student governance of universities.”

Dr Price agreed that ideally, political parties should not contest student government elections. “National party politics neglects the real agenda. It seems that the real agenda of students is to advance the interests of national party politics and sharpen the ANC.”  He also reflected on how national party politics and the split within the ANC played out within the campuses through canvassing to sharpen the ANC, neglecting the real agenda of representing student issues. Nothing the vice-chancellors or management of universities could offer was satisfying, because the main purpose of students was to show up by shutting down universities.

“One cannot stop students from forming a slate representing common interests. However, it is difficult to determine if students form a slate as a front for the interest of political parties,” said Dr Price.

According to Prof Habib, compared to five years ago, R35 billion more is spent on universities, and if universities are not more stable and produce better graduates, this will be happening annually. 

Proactive on strategic issues

Dr Price reflected on whether being proactive as institutions can prevent protest actions, with reference to the Rhodes statue and the fallist movement. According to him, although Rhodes – for example – was on the agenda a year or two prior to the #Rhodesmustfall fallist movement, there was no agreement on taking down the statue, as their judgment was that it would not only be controversial, but also divisive. “The fallist movement tipped the balance and, largely through social media, educated a much larger audience than was ever interested in Rhodes.”

According to Prof Habib, a diverse understanding was and is required about reimagining statues – this is not just about the Rhodes statue, but about many things in South Africa. “Leadership is possible not only when people are on the streets; some kind of proactive movement is possible on big strategic questions. One of them that was long possible was the rethinking of financing universities, which we should not be surprised about. The failure was not that of universities, but instead the failure of the political class who refused to recognise that we were heading for a crisis, although they were told multiple times,” Prof Habib said.

Prof Habib concluded by emphasising that the indulgence of violence is destroying society. “Until progressives and those who claim to be progressives start developing a pragmatic and principled understanding of violence and not romanticising it, we will be in trouble. Structural and physical violence breaks the social pact that underlies democratic societies.”

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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