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01 March 2024 | Story VALENTINO NDABA | Photo SUPPLIED
Prof Geo Quinot and with Ntando Ncamane
Prof Geo Quinot from Stellenbosch University, pictured with Ntando Ncamane, a Lecturer in the UFS Department of Mercantile Law.

The Department of Mercantile Law at the University of the Free State (UFS) recently spearheaded a Legal Education Colloquium, marking the genesis of a groundbreaking book project with the vision of revitalising legal education across South Africa. Attended by luminaries from academia, legal practitioners, and students, the event featured Professor Geo Quinot from Stellenbosch University, a distinguished figure renowned for his profound insights into legal education, as the keynote speaker.

Ntando Ncamane, a Lecturer in Mercantile Law, provided a comprehensive overview of the colloquium’s objectives, outcomes, and future trajectory. "The dynamic evolution of legal frameworks, notably the promulgation of the Constitution, statutes, and landmark cases, has necessitated a reformation in South African legal education,"  Ncamane remarked. He underscored the pivotal role of digital transformation, particularly in the context of the pandemic, and emphasised the joint commitment of regulatory bodies and academic institutions towards fostering an ethos of engaged scholarship. The colloquium served as a platform to dissect and explore transformative trends, inviting stakeholders to deliberate on novel perspectives and navigate emerging challenges in legal education.

Insights from Prof Geo Quinot and eminent experts

Reflecting on the invaluable insights garnered from deliberations, Ncamane highlighted Professor Quinot's keynote address, which advocated for a reimagining of collaborative endeavours, particularly involving students. Discussions spanned an array of topics including innovative methodologies, enhancing assessment frameworks, leveraging digital platforms for education, integrating competition law into curricula, promoting engaged scholarship, nurturing emotional intelligence among students, and addressing complexities within modules such as civil procedure. Stimulating dialogues on decoloniality, decolonisation, and ubuntu ethos also permeated the discourse. 

The forthcoming book, a culmination of the colloquium, will traverse themes encompassing Digital Education, Student Engagement, and Decolonisation. Ncamane elucidated, "Contributors will be aligned with one of the themes based on the relevance of their contributions…A call for papers was issued, eliciting abstract submissions from prospective contributors."

Scholars hailing from diverse academic institutions including the UFS, University of the Witwatersrand, University of Limpopo, University of Fort Hare, North-West University, Varsity College, and Stellenbosch University, have been enlisted for participation. Each chapter will undergo a peer review process, ensuring scholarly rigour and academic excellence. 

Role and impact of the book

Articulating the envisioned role of the book, Ncamane underscored its potential to reshape legal education and curriculum development. He said, "The book offers key approaches that can be adopted by legal scholars to improve teaching methods, ultimately benefiting students, academics, and society at large."

With regards to timelines, Ncamane indicated that the publication is slated for release in late 2024 or early 2025, contingent upon the duration of the blind review process and editorial refinement. The Legal Education Colloquium and its ensuing book project exemplify a concerted endeavour to address the evolving imperatives of legal education, foster scholarly discourse, and contribute meaningfully to the enhancement of legal praxis in South Africa.

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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