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07 May 2024 | Story Valentino Ndaba | Photo Supplied
South African Democracy
Back (from left) Dr Brand Claassen (Head of the Department of Private Law), Dr Jacques Matthee (Vice-dean Faculty of Law), Dr Marianne Sèverin (Institute for African Studies at Bordeaux University, France), Dr Marda Horn, Dr James Faber, Dr Lerato Ngwenyama. Front (from left) Dr Caroline Müller-Van der Westhuizen, Dr Anthea-lee September-Van Huffel and Portia Senokoane.

The University of the Free State’s Department of Private Law in the Faculty of Law recently hosted an enlightening seminar titled 30 years of democracy in South Africa on 26 April 2024. Dr Marianne Sèverin, from the Institute for African Studies at Bordeaux University in France, graced the event with her expertise. Her doctoral research delved into the Political Networking of the African National Congress (ANC), providing a rich backdrop for her discussion on South African democracy with the faculty’s esteemed staff and eager students.

Navigating the adolescent years

In her engaging discourse, Dr Sèverin likened South African democracy to that of “a teenager”, acknowledging the strides made since the advent of democracy in 1994. However, she astutely pointed out that despite the country boasting a robust Constitution, the pervasive issues of corruption and poverty remain significant hurdles. Drawing from her deep knowledge of the ANC, she shed light on the party’s overwhelming dominance in politics, which, unfortunately, provides fertile ground for corrupt practices to flourish unchecked.

The perspective of the ‘born free’ generation

Of particular interest to Dr Sèverin were the perspectives of the young attendees, affectionately known as the ‘Born Free’ generation, who never experienced the apartheid era firsthand. Their casual acceptance of democracy struck a chord with her. Dr Marda Horn, Senior Lecturer in the Department of Private Law noted, “She found through her discussions that they seemed to take democracy for granted and did not appreciate how lucky they were to live in a democracy.”

Lessons from across the continent

Throughout her presentation, Dr Sèverin artfully weaved in anecdotes from other African nations, such as Zimbabwe, Congo-Brazzaville, and the Democratic Republic of the Congo, where democracy has faltered. Her passion for South Africa was palpable as she recounted the emotional moment she experienced during the Rugby World Cup in France in 2023 when the national anthem resonated. Expressing her admiration for the ethos of “ubuntu” demonstrated by the Springboks, she confessed that this philosophy has become her guiding principle in life, a testament to the profound impact of South African culture on her.

A call to cherish and safeguard

The seminar provided a platform for deep reflection on the progress and challenges of democracy in South Africa, urging participants to cherish and safeguard the hard-won freedoms of the nation. As South Africa approaches the elections scheduled for 29 May 2024, the seminar serves as a timely reminder of the importance of youth engagement in shaping the country’s democratic future.

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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