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28 June 2024 | Story Carmenita Redcliffe-Paul
Global Citizen Invitation Prof Thuli Madonsela 4 July 2024

The University of the Free State (UFS) and the South African Chamber of Commerce United Kingdom (SACC UK) are pleased to present a Global Citizen Series conversation, South Africa’s Future in Focus: the post-election impact on social justice, service delivery, higher education, and the economy, from the perspective of Prof Thuli Madonsela, Director of the Centre for Social Justice in the Faculty of Law at Stellenbosch University and Professor of Law in the Law Trust Research Chair in Social Justice Studies.

As part of the Global Citizen Webinar Series, Prof Madonsela – a member of the International Anticorruption Advisory Council and Global Justice Leaders – will join UFS Vice-Chancellor and Principal, Prof Francis Petersen, and SACC UK Chairperson, Sharon Constançon, for a conversation that explores what the future holds for social justice, service delivery, higher education, and the economy in South Africa.

After thirty years of democracy, South Africans once again made their mark on 29 May 2024 in one of the most pivotal elections since 1994. Join us in person during the Free State Arts Festival or online as we explore South Africa’s Future in Focus: The post-election impact on social justice, service delivery, higher education, and the economy.

Date: Thursday 4 July 2024
In-person event SA time: 18:00-20:00 SAST, Centenary Complex, UFS Bloemfontein Campus
Webinar SA time: 18:30-19:30 / UK time: 17:30-18:30

The livestream link will be shared with those who RSVP

Enquiries: Tebello Leputla - leputlatb@ufs.ac.za +27 51 401 3966

About Prof Thuli Madontsela

Prof Thuli (Thulisile) Madonsela is the Director of the Centre for Social Justice (CSJ) in the Faculty of Law at Stellenbosch University and Professor of Law in the Law Trust Research Chair in Social Justice Studies. She is the founder of the Thuma Foundation for Democracy Leadership and Literacy and a member of the African Academy of Sciences. She was recently appointed to the UN Scientific Advisory Board and as Chairperson of Cities Alliance. She is a member of the International Anticorruption Advisory Council and Global Justice Leaders.

The former Public Protector of South Africa and full-time Commissioner in the South African Law Reform Commission was one of the 11 technical experts who helped draft the South African Constitution, and is a co-architect of several constitutionally mandated laws, including the Equality Act, Employment Equity Act, and the Promotion of Administrative Justice Act. She has an extensive background in applied constitutional, social justice, and administrative law principles, mainly based on her years of public service and her investigation of improper conduct in state affairs as Public Protector. A regular sought-after keynote speaker, Prof Madonsela has written, taught, presented papers, and published on these matters and ethical leadership, good governance, and gender mainstreaming for decades.

Prof Madonsela helped draft several international human rights instruments at UN, AU, and SADC levels, as well as country reports on such matters. She currently teaches Constitutional Law, Social Justice Law, Administrative Law, and Constitutional Governance and Ethical Leadership. She holds eight honorary law doctorates, in addition to two law degrees, a Harvard Advanced Leadership Certificate, and other postgraduate qualifications.

Named one of Time’s 100 most influential people in the world in 2014, Prof Madonsela’s global recognition includes more than 70 awards, including Rotary’s Paul Harris award, the Commonwealth Lawyers Truth and Justice award, and the global ACFE’s Cressy award. Prof Madonsela is a mother of two, a philanthropist, and an avid mountaineer who has summited Mt Kilimanjaro twice under the #Trek4Mandela-#Caring4Girls anti-period poverty campaign and the Musa Plan for Social Justice, and regularly hikes for the #Action4Inclusion campaign, a quest to end student debt.

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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