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05 April 2024 | Story ANTHONY MTHEMBU | Photo SUPPLIED
Vibrant performance at the Mthonyama Arts Festival
Vibrant performance at the Mthonyama Arts Festival.

In a concerted effort to revive and celebrate indigenous knowledge and traditions, both Zabesutu Mpiti a Lecturer and Sikhuthali Bonga an Academic Facilitator, in the Drama and Theatre Arts Department at the University of the Free State (UFS), presented two groundbreaking theatre productions: Macgam and Ijoloba. These productions, which premiered at PACOFS on 15-17 February 2024 and the Mthonyama Arts Festival on 15-17 March 2024 in the Eastern Cape, mark a significant milestone in the institution’s embrace of cultural heritage.

Established in 2022 by Mpiti and Bonga, the Mthonyama Arts Festival is an annual celebration aimed at showcasing and revitalizing indigenous creative practices, including plays originating from the rural areas of the Eastern Cape. Attendees at the festival were treated not only to theatrical performances but also to cultural experiences such as stick-fighting tournaments.

Both Macgam and Ijoloba received enthusiastic responses from the audience at the festival, signifying a hunger for narratives that resonate with African heritage and spirituality.

Exploring the productions

Ijoloba, conceived by Mpiti, is a three-part production inspired by Credo Mutwa’s seminal work, “Indaba, My Children.” The narrative revolves around Ijoloba, a deity sent to restore harmony among humans. Gifted with elements crucial to survival and prosperity, such as water and fertility, humanity’s misuse of these gifts, leads to conflict and the departure of Ijoloba along with her gifts. The subsequent narrative explores humanity’s quest to regain her favour.

Bonga’s Macgam delves into the migration of the Nguni people from central Africa to South Africa, drawing inspiration from Mutwa’s works as well. It also examines the tradition of female initiation schools, through the lens of divine intervention. Conflict arises as characters question traditional practices, reflecting tensions between old and new ways of life. Both productions intertwine themes of ritualism and the role of deities in African culture.

Significance of the productions

Bonga and Mpiti view these productions as pioneering efforts within the institution, breaking away from conventional Western narratives. They incorporated indigenous techniques, such as Dr Obakeng Kgwasi’s Bosophytrics, into their creative processes, emphasising the importance of diverse storytelling methods.

By bringing indigenous stories to the forefront, Bonga and Mpiti aim to foster a culture where such narratives are embraced and celebrated. The benefit in this regard is that students who are starting within the department can see that it is possible to create such work. “Bringing these stories to the forefront is a form of representation and a departure from Eurocentric ideologies allowing space for African spiritual practices to be integrated into the study and practice of drama and theatre.’’

Continuing the journey

Following its successful debut, Macgam has been showcased on various stages, including PACOFS, where it garnered positive feedback. Both productions are set to embark on a tour, with their next stop being Makhanda in the Eastern Cape, as part of the ongoing Mthonyama Arts Festival. 

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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