Latest News Archive

Please select Category, Year, and then Month to display items
Previous Archive
17 July 2024 | Story Prof Danie Brand

The University of the Free State, through its Free State Centre for Human Rights, is pleased to present an online panel discussion titled, The Gaza crisis: How should South African universities engage with ‘pressing and urgent injustices’?   


Click to view document Join the Panel Discussion

Following the killing of 1 143 people and the taking of 247 hostages by Hamas during an armed incursion in Israel on 7 October 2023, Israel mounted an invasion of the Gaza Strip. In the ensuing bombardment and ground offensive – which is continuing ten months after the Hamas attack – Israel armed forces have killed more than 38 000 people. Hamas’ killing and continued holding of hostages and Israel’s sustained offensive – described as an ‘unfolding genocide’ and a ‘massacre’ – confront universities with an enduring question: how to engage as institutions ‘with pressing and urgent injustices’?


Join us for an online panel discussion where pertinent questions emerging from the current crisis will be discussed. Should a university such as the University of the Free State formulate an institutional response to the Gaza crisis? If so, what form should it take? Is a statement, as has already emanated from several other South African universities, appropriate and sufficient? How to deal with current ties with Israeli universities, businesses, and individual academics? Can the UFS remain silent?

Event details
Date: Monday 22 July 2024
Time: 15:00-17:00
Venue: Ms Teams
Click to view documentClick here to RSVP before 22 July 2024. 
A Microsoft Teams link will be shared for the online event.

For South African universities, the Gaza crisis is a particularly apt lens through which to consider this question. Firstly, because Israel’s invasion of Gaza also manifested as a ‘scholasticide’: a large-scale destruction of schools, universities, and other places of learning in Gaza and the killing of Palestinian teachers and academics. Secondly, because of the strong historical and current links between South Africa, Palestine, and Israel: Israel’s past collaboration with the South African apartheid regime; the South African liberation movement’s enduring relationship with Palestinian liberation; and the many uncomfortable congruences between South Africa’s history of racially determined injustice and the current ethno-/racial social, political, and geographical segregation in Israel/Palestine.

Moderator

Prof Francis Petersen: Vice-Chancellor and Principal, UFS. 

 

Speakers
Prof Kistner has held teaching positions in Comparative Literature at Wits University, Modern European Languages at Unisa, and Philosophy at the University of Pretoria and is an extraordinary professor in the University of the Free State Department of Public Law. She is currently working on intersections between political philosophy, social theory, jurisprudence, and psychoanalytic theory.

Prof Nieftagodien is the NRF South African Research Chair in Local Histories and Present Realities and is the Head of the History Workshop at the University of the Witwatersrand, where he also lectures in the Department of History. He is the co-author – with Phil Bonner – of books on the history of Alexandra, Ekurhuleni, and Kathorus, and has also published books on the history of Orlando West and the Soweto uprising, and co-edited a book on the history of the ANC.

Prof Gillespie is a political and legal anthropologist with a research focus on abolition in South Africa, particularly concerned with the ways in which criminal legal processes become vectors for the continuation of apartheid relations. She joined the Department of Anthropology/Sociology at the University of the Western Cape in 2018, prior to which she worked for a decade at the University of the Witwatersrand (Wits). In 2008, she co-founded the Johannesburg Workshop in Theory and Criticism (JWTC), an experimental project tasked with recrafting the work of critical theory beyond the Global North. She writes and teaches about urbanism, violence, sexualities, race, and the praxis of social justice. 

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