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Human Rights Month reminds us to reclaim the promise of the right to vote

21 March 2024 Photo SUPPLIED

Opinion article Dr Ina Gouws, Senior Lecturer: Political Studies and Governance, University of the Free State.

In a year where at least 64 countries will hold elections, it is inevitable that we reflect on issues such as the right to vote, the importance of voting, and the role of elections in a democratic process. The truth is, since the earliest elections were held in Greece in around 508 BC, exclusions were part of the process. Only wealthy landowners were allowed to vote. Male landowners, that is. The first popular election where all citizens could vote, and the majority vote won, is believed to have taken place in Sparta in 745 BC. For many centuries, examples like these were very few.

The right to vote

The history of the right to vote is mostly depicted in the history of suffrage – defined as ‘franchise’, or the right to vote – and the exercising of that right. These movements are rooted in the plight of minority groups and generally disenfranchised groups (those discriminated against, such as the poor and the landless), and their fight for the right to vote. You can easily read up on the most chronicled movements in history, such as Women’s Suffrage. The bravery, determination, and suffering endured to secure the right to vote is legendary. And once they finally won the right to vote, this did not mean they could run for office. Another fight was ahead for this democratic right. The Civil Rights movement in America is another example of a movement where the disenfranchised fought for, amongst other civil rights, the right to vote. This included, of course, black women, who were discriminated against from within various Women’s Suffrage movements.

In South Africa, the history of the right to vote is entangled with our colonial history. After the two Boer Wars, decisions had to be made as to who would be the decision-makers going forward. In the Cape Colony, all races had the right to vote – but only if you were male and had the economic qualifications, which means only the male elite across races could vote. In the negotiations to unify the Boer republics with the Cape Colony and Natal at the time, black people’s right to vote came under scrutiny. When South Africa finally became a union, its Constitution was put forward to the British government for approval. The British government was not keen to allow voting rights for black people. Thus, in the 1909 Constitution, only black people in the Cape retained their right to vote. The prevalent racial intolerance in South Africa kept this issue very high on the agenda, and in the 1930s the South African Parliament finally had the two-thirds majority needed to remove voting rights for black people from the Constitution. Finally, in 1951, the Coloured Voters Roll was also scrapped. In resistance against the diminishing civil rights experienced by these groups in South Africa, liberation movements such as the ANC were formed. One of the civil rights they fought for, for many decades, was the right to vote; a right finally won and exercised for the first time in 1994.

The value of voting

So why am I providing this VERY brief look at history and the right to vote?

The value of voting has lost its lustre in South Africa. Despite all this history of the disenfranchised winning the right to vote, and the great enthusiasm for and faith in this aspect of the democratic process, South Africans look at voting with far less excitement only 30 years after the first democratic elections. Of course, we come by our growing indifference honestly. Those the majority have given their vote to have let us down greatly. And when we look at the candidate lists for the governing party for our upcoming elections, it doesn’t seem that we can expect better.

But this is still a democracy, dear voter! There will be more parties than ever on the ballot in 2024. We have a Constitution protecting this right to vote for any party you choose. What a notion! Looking back at history, especially from the vantage point of this current Human Rights Month, this right to vote is still at the centre of a system where the people have the final say. You must exercise this right with vigour, with determination, and with defiance against anything or anyone who wishes to weaken our country even further.

I mentioned decision-making earlier. This is what voting is. Look around you and decide if you are content with your circumstances. Look at your wider community and communities in your province and how they make an existence, and decide if you are satisfied with what you see and hear. The vast majority of people in this country can’t possibly be content or satisfied with what they see or what they LIVE through every day. Dear voter, neither are you, right?

So, VOTE in these elections if you are eligible. VOTE. It is your RIGHT.

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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