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18 March 2024 | Story VALENTINO NDABA | Photo SUPPLIED
RIGHT TO VOTE 2024
Expert speakers dissecting South Africa's political landscape at the University of the Free State’s recent panel discussion on the 2024 elections.

The University of the Free State's (UFS) Centre for Gender and Africa Studies (CGAS), in collaboration with the South African Institute of Race Relations (IRR), recently organised an Africa Dialogue Series panel discussion titled ‘Elections 2024: South Africa’s Changing Political Landscape’. The event, held on 6 March 2024, brought together distinguished speakers and experts to dissect the evolving dynamics of South Africa's political landscape as the nation gears up for the 2024 elections.

The panel featured prominent figures including former Tony Leon, Makone Maja, Michael Atkins, and Terence Corrigan, who provided valuable insights into various aspects of the upcoming elections. Prof Heidi Hudson, Professor at the CGAS, expertly moderated the session, ensuring a robust exchange of ideas and perspectives.

Importance of informed dialogue

Prof Hussein Solomon, Senior Professor at CGAS and planner of the dialogue session, reflected on the success of the event in achieving its objectives. He emphasised the importance of informed dialogue in navigating the complex issues surrounding the 2024 elections. "The idea is to inform people of the issues at stake, but also to focus on key issue areas from an academic perspective," Prof Solomon said.

He expressed concerns about voter registration and the need for heightened awareness among youth, underscoring the significance of addressing societal challenges to ensure peaceful elections.

Unprecedented uncertainty in election outcome

Leon, former leader of the Democratic Alliance and a seasoned political analyst, opened the discussion by highlighting the unprecedented uncertainty surrounding the outcome of the 2024 elections. Contrary to previous elections where the victory of the African National Congress (ANC) was almost a given, Leon pointed out that the current political landscape presents a different scenario.

"In all the previous elections we were able to predict an ANC win. This time round it is not that simple," he said. "The ANC will not clear 50 and that’s going to be a big game-changer."

Leon underscored the fragmentation within the ANC itself, noting the emergence of multiple versions of the party with no clear ideological distinctions. He also raised concerns about voter turnout and the implications of a potential government controlled by parties representing a mere fraction of the voting population.

Declining youth political participation

Maja, Campaign Manager at the IRR, shed light on the decline in political participation by youth in South Africa. Drawing from statistical data, she emphasised the need to address the disillusionment among young voters, particularly regarding corruption and unemployment.

"I've been particularly curious about youth for their behaviour," she said. "A lot of the youth... did not align with political parties in South Africa, much more likely in the youth than in the older age categories."

Maja highlighted socioeconomic factors that are contributing to youth disengagement from the political process, and stressed the importance of political engagement in shaping democratic outcomes.

Upholding electoral integrity

Atkins, a seasoned political analyst and independent observer in South African elections, focused on the imperative of upholding electoral integrity. He criticised the flaws in the Electoral Amendment Bill and highlighted concerns about the accuracy of election results.

"We have seen a complete disrespect or even disdain for meaningful electoral reform through these last three years," he said. "Spurious claims of rigging must be objectively and speedily met and countered."

He called for increased transparency and accountability within the electoral process to ensure the legitimacy of election outcomes.

Political dynamics and future scenarios

Corrigan, a Project Manager at the IRR, delved into the changing political dynamics of South Africa and contemplated potential future scenarios. He questioned the sustainability of the dominant party paradigm and examined the possibility of coalition politics in the aftermath of the elections. Corrigan highlighted the emergence of new political players and the implications of coalition politics for stability and governance in South Africa.

The Africa Dialogue Series panel discussion provided a platform for robust debate and critical analysis of South Africa's political landscape, offering valuable insights into the challenges and opportunities that lie ahead in the 2024 elections and beyond.

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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