Latest News Archive

Please select Category, Year, and then Month to display items
Previous Archive
22 February 2024 | Story EDZANI NEPHALELA | Photo LETHABO MACHABAPHALA
Theological Day 2024
From left to right: Prof Lodewyk Sutton (Acting Dean of the Faculty of Theology and Religion), Prof John Klassen (Dean Designate), Prof Heinrich Bedford-Strohnm (Moderator at the World Council of Churches) and Prof Henco van der Westhuizen (Associate Professor at the Faculty of Theology and Religion) participated in the Theological Day event held at the UFS Bloemfontein Campus.

South African democracy, born from the crucible of struggle, stands as a beacon of hope on the African continent. Rising from the shadows of apartheid, it has evolved into a vibrant, pluralistic society with inclusive governance and constitutional protections. However, as the nation approaches its forthcoming elections and enters its fourth decade of democracy, persistent challenges such as inequality, corruption, and unemployment continue to test the resilience of the citizens.

On 12 February 2024, the Faculty of Theology and Religion at the University of the Free State hosted an event themed “The end of democracy? theological perspectives” on the Bloemfontein Campus, commemorating Theological Day with intellectual discussions and celebrations. 

Associate Professor Prof Henco van der Westhuizen, from the Department of Historical and Constructive Theology, introduced the keynote speaker, Prof Heinrich Bedford-Strohnm, leader of the World Council of Churches, who shared insightful thoughts during the event. 

Prof Heinrich Bedford-Strohnm articulated, "Dignity might be mere words, but it carries profound meaning. We must question whether the principles inscribed in the South African Constitution are genuinely upheld. Democracy, according to the Bible, is about treating everyone equally, showing respect, and fostering understanding. It transcends mere power; it entails using power to safeguard the weak and more vulnerable, mirroring the ideals of the South African Constitution."

Addressing the impact of digitalisation on society, he noted that while it unites the world, it also poses challenges for democracy. Despite its potential to enhance participation, transparency, and accountability, the digital landscape, saturated with social media platforms, inadvertently fuels the commercial realm. Countless hours are spent disseminating unverified information, and fake news, and fostering hatred to benefit algorithms and the commercial sphere.  

While the South African Constitution grants the right to freedom of expression, Prof Heinrich Bedford-Strohnm advised churches to carefully navigate their involvement in political issues. “It's crucial to be mindful of the context, manner, and openness of communication for effective public discourse. While supporting political views is acceptable, active participation should be avoided.”

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

We use cookies to make interactions with our websites and services easy and meaningful. To better understand how they are used, read more about the UFS cookie policy. By continuing to use this site you are giving us your consent to do this.

Accept