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27 March 2024 | Story Valentino Ndaba | Photo Sonia Small
Human Rights 18 March 2024
Vanessa Rose September, Chair of the Albie Sachs Trust, hands over donated books to Prof Serges Kamga, Dean of the Faculty of Law at the University of the Free State.

Echoing the words of Nelson Mandela, Prof Francis Petersen, the Vice-Chancellor and Principal of the University of the Free State (UFS), emphasised the profound significance of human rights. “To deny people their human rights is to challenge their very humanity,” he said during his opening address at the Human Rights Celebration held by the UFS Faculty of Law on 18 March 2024.

Acknowledging the pivotal role played by stalwarts such as Emeritus Justice Albie Sachs and Sir Sydney Kentridge, Prof Petersen delved into the strides made since the inception of South Africa’s contemporary constitution.

Underlining the university’s unwavering commitment to human rights, Prof Petersen added, “For universities, it remains critical that every aspect of academic life is viewed through the lens of human rights. The principle of equality lies at the centre of our purpose and operations.”

Furthermore, Prof Serges Kamga, Dean of the Faculty of Law, highlighted the institution’s vision encapsulated in Vision 130, striving to produce graduates who embody excellence and contribute to societal transformation.

Panel discussion: Sir Sydney Kentridge’s enduring legacy

Former Justice Zak Yacoob, renowned for his tenure at the Constitution Court of South Africa, paid tribute to Sir Sydney Kentridge in a panel discussion focusing on Kentridge’s contributions to human rights both nationally and internationally.

Reflecting on his personal experiences working alongside Sir Kentridge, Justice Yacoob highlighted the practical essence of human rights advocacy. He recounted Sir Kentridge’s seminal role in shaping the constitutional court’s early judgments, particularly emphasising the incorporation of human dignity into the constitutional framework.

Justice Yacoob’s insights shed light on the profound impact of Sir Kentridge’s jurisprudence on society, particularly in shaping notions of dignity, equality, and freedom. “The contribution he made was absolutely amazing. He wrote the first-ever judgement delivered by that court in April 1995. It was the first judgement that brought forth the issue of human dignity and its importance.”

Joining the discussion were esteemed panelists including Honourable Madam Justice Yvonne Mbatha and Dr Adri Du Plessis, who provided expert commentary on Sir Kentridge’s contributions to the legal fraternity. The discussion was moderated by Prof Elsabe Schoeman, Dean of the Faculty of Law at the University of Pretoria.

Honouring legal icons

Vanessa Rose September, Chair of the Albie Sachs Trust, presented books donated by the trust. The biography titled Arthur Chaskalson: A life dedicated to justice for all chronicles the life of Chaskalson, a towering figure in South Africa’s legal landscape.

Emeritus Constitutional Court Justice Albie Sachs delivered a thought-provoking lecture, pondering the question of whether there is cause for celebration on the 30th anniversary of human rights in South Africa.

With a rich history of activism and legal scholarship, Justice Sachs reflected on the evolution of South Africa’s judiciary and the enduring legacy of the Constitutional Court. Despite acknowledging prevailing challenges, Justice Sachs remained optimistic, citing the country’s constitutional framework as a beacon of hope and progress. “There’s lot to be angry about, there’s lots to complain about, there’s lots that has to be renounced, but there’s lots to celebrate. We’ve got a country, we’ve got a constitution, we’ve got rights, we’ve got instruments that we can use,” he said.

In conclusion, the Human Rights Celebration served as a poignant reminder of the ongoing struggle for dignity, equality, and justice, reaffirming the university’s steadfast commitment to upholding these fundamental principles in academia 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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