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“Shattering Academic Barriers for Gender Equality"

As we reflect on the significance of Women's Month, which occurred last month, it is worth noting that the Gender Equality and Anti-Discrimination Office (GEADO) at the University of the Free State (UFS) organised a thought-provoking seminar titled, "Bridging the gap: Exploring the Intersection of Traditional African values and Modern Perspectives in Achieving Gender Equality." This event, featuring distinguished guest speakers Prof Nokuzola Mndende and Dr Munyaradzi Mushonga, delved into the historical context of traditional African values and their impact on gender roles and norms. Their primary objective was to discern strategies for fostering dialogue, understanding, and collaboration between traditional and modern stakeholders, all in the noble pursuit of advancing gender equality in Africa.

Tradition versus Modernity

Prof Nokuzola Mndende, an adjunct professor in the Department of Sociology and Anthropology at Nelson Mandela University, as well as the President of We Come Back Spirituality and Founder of Icamagu Heritage Institute, emphasised the importance of African scholars embracing their roots. She stated, "It is important that young African scholars must be bold and change direction and start from home using African tools. In their endeavour to decoloniality, they must not forget their past." She also stressed the need to discard Western theories and spectacles that have been imposed, highlighting the scarcity of literature that portrays the positive aspects of African customs.

Dr Mushonga, the Programme Director for Africa Studies at the UFS Centre for Gender and Africa Studies, drew attention to the impact of modernity on a global scale. He referred to the 1500s when the world was pluricentric, as opposed to the current Eurocentric world order. Dr Mushonga cautioned against the seductive allure of modernity, which tends to cast African traditional perspectives as regressive while promoting Eurocentric ones as progressive.

Fostering equality in Africa

Siyanda Magayana, Senior Officer at the Gender Equality and Anti-Discrimination Office, shed light on the webinar's purpose. She explained, "the webinar intended to critically engage whether there is a gap between African traditional perspectives and values of gender equality against modern perspectives. In addition, we wanted to examine the emergence of modern perspectives and their influence in challenging gender inequality in an African context." She further highlighted the need for African institutions to adopt context-specific approaches to gender equality, rather than relying on Eurocentric models.

Magayana also echoed Prof Mndende's preference for the term "gender equity" over "gender equality," as the latter can inadvertently reinforce a perception of male superiority. Magayana emphasised that achieving gender equity in African contexts should deviate from Eurocentric perspectives, considering the unique histories, understandings, and people in the Global South.

Breaking the glass ceiling

As a prelude to the seminar, GEADO also hosted a webinar in honour of Women’s Month titled "Breaking the Glass Ceiling in Higher Education.” This webinar shed light on the unique challenges women face in academia, addressing implicit biases, stereotypes, and gender-based discrimination. It provided a platform for women to share their triumphs and experiences. Together, these initiatives propel us towards a future marked by diverse leadership and empowered strategies, ultimately promoting gender equality on the continent. 

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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