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Dr Peet van Aardt
Dr Peet van Aardt is the head of the UFS Writing Centre and the Coordinator of the Initiative for Creative African Narratives (iCAN).

Opinion article by Dr Peet van Aardt, Centre for Teaching and Learning and Head of the UFS Writing Centre, University of the Free State. 


The use and permittance of artificial intelligence tools such as ChatGPT at the University of the Free State (UFS) should be discouraged, writes Dr Peet van Aardt.

A decade ago, academics were encouraged to find ways to incorporate social media platforms like Facebook and Twitter in their teaching. Seeing as students were spending so much time on these platforms, the idea was that we need to take the classroom to them. Until they found out young people do not use social media to study, but rather to create and share entertainment content.

During the late 2000s, News24.com, the biggest news website in Africa, went on a mission to nurture and expand what was known as “community journalism” because everybody started owning smartphones, the news outlet’s leadership thought it was the opportunity to provide a platform for people to share photos, videos and stories of news events that took place around them. Until they realised that the vast majority of people didn’t want to contribute to journalism; they merely wanted to consume it.

Lest we assume students will use AI in a responsible and productive manner, at the UFS Writing Centre we find that students over-rely on ChatGPT in their assignments and essays. We should do everything in our power to discourage its use because it threatens what we do at a university on three levels.

It’s an educational issue

There are five main academic literacies we want to teach our students: reading, writing, speaking, listening and critical thinking. When students prompt ChatGPT to write their essay for them, immediately the reading and writing literacies are discarded because the student does not write the essay, nor do they read any source material that would help them form an argument. Critical thinking goes out the window, because it is merely a copy-and-paste job they are performing. And speaking? We see in the Writing Centre that students who use ChatGPT cannot discuss their “work”. The student voice is being killed.

There are lecturers who take the approach of motivating students to use prompted content from ChatGPT in order to critique and discuss the AI output. This is fine, should the students be operating at a level where their academic literacies have been established. In short: for postgraduate use it might be acceptable. Undergraduate students need to go through the process of becoming scholars and master their subject matter before they can be expected to critique it. It is basic pedagogy, and our duty as staff at the UFS, because it aligns with the Graduate Attribute of Critical Thinking.

It’s a moral issue

In addition to the academic literacies we attempt to instil in our students are attributes of ethical reasoning and written communication. The fact that AI tools “scrape” the internet for content without any consent from the content creators means that it is committing plagiarism. It is theft – “the greatest heist in history” as some refer to it. Do we want our students to develop digital skills and competencies on immoral grounds? Because often this is the reason given when students are encouraged or allowed to use AI: “The technology is there, and therefore we must learn to go with the flow and let the students to use it.” By this reasoning one can make the argument that the UFS rugby team (go, Shimlas!) must use performance-enhancing substances because it will make the players faster, stronger and “the technology is there”.

Academics also face a moral dilemma as there seems to brew a view that fire should be fought with fire: that AI can assist and even lead in tasks such as plagiarism detection, assessment and content development. But fighting fire with fire just burns down the house. Let us not look to AI to lessen our workload.

It’s an economic issue

Technology in education should be used to level the playing field. Companies develop online tools with a primary goal of making money – despite what the bandwagon passengers in the East and West promise us. Their operations cost a lot of money, and so they release free versions to get people hooked on it, and then they develop better products and place them behind a paywall. What this then means is that students who can afford subscription costs get access to the premium product, while the poor students get left behind. How can we assess two students who cannot make use of the same version of a tool? This will widen the gap in performance between students from different economic backgrounds. And consider the deletion of the authentic student voice (as alluded to earlier), these AI tools just represent a new platform for colonisation and therefore have no place in our institution.

OK, so what?

Lecturers who want advice on how to detect overreliance on AI tools can have a look at this video, which forms part of the AI Wayfinder Series – a brilliant project by the UFS’s Interdisciplinary Centre for Digital Futures and the Digital Scholarship Centre. These centres also have other helpful resources to check out.

But as an institution we need to produce a policy on how to deal with the threat and possibilities of AI. (Because in society and in certain disciplines it can make a contribution – just not for undergraduate studies in a university context.) Currently, a team that includes staff from the Faculty of Law and that of Economic and Management Sciences is busy drafting guidelines which departments can implement. Then, after a while, a review of these guidelines-in-practice can be done to lead us on the path of establishing a concrete policy.

If we as educators consider the facts that the use of AI tools impede the development of academic literacies (on undergraduate level), it silences local, authentic voices and it can create further economic division among our student community, we should not promote its use at our institution. Technology is not innovative if it does not improve something.

Dr Peet van Aardt is the Head of the UFS Writing Centre and the Coordinator of the Initiative for Creative African Narratives (iCAN). Before joining the UFS in 2014 he was the Community Editor of News24.com. 

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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