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19 October 2023 | Story Samkelo Fetile | Photo Stephen Collett
Public Management Memorial Lecture
From left; Prof Philippe Burger, Prof Francis Petersen, Premier Mxolisi Dukwana, and Dr Mareve Biljohn.

The University of the Free State (UFS), Department of Public Administration and Management recently hosted its Public Management Memorial Lecture, which was delivered by the Honourable Mxolisi Dukwana, the Premier of the Free State. This year's Public Management Memorial Lecture, titled 'Public Administration and Management as a Method and Tool of Delivering an Ethical, Capable, and Developmental State,' delved into crucial aspects of governance.

In his welcoming address, Prof Francis Petersen, Vice-Chancellor and Principal of the UFS, provided insight into the university's Vision 130 and the university’s strategy, emphasising values such as accountability, social justice, and care. The university’s commitment to engaging on matters of public significance was also highlighted.

Fostering collaboration

Prof Petersen emphasised the importance of collaboration and co-creation – particularly in the post-COVID-19 era – to achieve optimal outputs and outcomes. “The Public Management Memorial Lecture aims to foster collaboration between academia, students, and practitioners in the field of public administration and management.”

In his introduction of Premier Dukwana, Prof Philippe Burger, Dean of the Faculty of Economic and Management Sciences, highlighted Dukwana's role in various government positions, including as the ANC provincial treasurer and, more recently, as the Premier of the Free State.

Addressing challenges and opportunities

In his address, Premier Dukwana acknowledged the need for a collective effort to ensure an ethical, capable, and developmental state, emphasising the challenges faced in the current socio-political landscape. Premier Dukwana acknowledged the need for introspection regarding the state's foundations, values, and mechanisms of service delivery. “Understandably, this is quite an involved and extensive subject that interrogates not only the ethical and capable attributes of the democratic state, but also whether the democratic state is itself developing and evolving towards a horizon that is developmental in outlook.” He stressed the importance of upholding constitutional values and principles, accentuating the need for accountability, transparency, and adherence to the Batho Pele principles.

Premier Dukwana outlined key interventions in the Medium-Term Strategic Framework (MTSF), emphasising the need for a capable and honest government, improved leadership, good governance, and accountability. He called for modernised business processes, improved financial management capability, and participatory local governance mechanisms.

The importance of a social compact was also highlighted, as well as the need to set aside narrow interests for the common goal of long-term growth and development. He stressed the need for a vibrant civil society and underscored the role of public servants in effecting positive change in service delivery.

Reducing bureaucratic red tape

The Premier concluded his address by emphasising the importance of reducing bureaucratic red tape and initiating programmes to streamline service delivery. He expressed optimism for further collaboration with the UFS in strengthening governance and public administration practices. “I am looking forward to having further discussions with the UFS as it relates to the MOU between the UFS and the Free State Provincial Government. The UFS can play a crucial role in helping us to strengthen governance, and specifically improve on public administration and management approaches and practices with the aim of accelerated and improved service delivery.”

The Public Management Memorial Lecture served as a platform for robust discussions on the challenges and opportunities in public administration and management. Premier Dukwana's insights underscored the imperative for ethical, capable, and developmental governance, setting the stage for continued collaboration and engagement on these critical issues.

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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