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Ambrose du Plessis
Dr Ambrosé du Plessis, lecturer in the Department of Public Administration and Management, at his graduation of the University of the Free State (UFS) April graduation ceremonies.

With coalition governments becoming more common in South Africa and proven to be unstable, a lecturer at the University of the Free State (UFS) devised an alternative contextual coalition-led framework towards a functioning political-administrative dichotomy. This instability adversely affects service delivery. 

The framework was devised by Dr Ambrosé du Plessis, lecturer in the UFS Department of Public Administration and Management, as part of his PhD research and focused on the City of Johannesburg Metropolitan Municipality. He hopes it can offer valuable lessons for the broader context of South Africa’s evolving political landscape, particularly in light of the 2024 national coalition-led Government of national Unity (GNU). 

Dr Du Plessis graduated with a Doctor of Philosophy with specialisation in Public Administration and management at the UFS April graduation ceremonies. Prof Liezel Lues, Professor of Public Administration and Management, in the Department of Public Administration and Management, was his supervisor. 

Dr Du Plessis is part of the newest cohort of the Emerging Scholar Accelerator (ESAP) mentoring programme for mostly lecturers who are less than five years post-PhD. This group falls within the Transformation of the Professoriate Mentoring Programme which aims to grow a critical mass of excellent emerging scholars at the university who are equipped to assume senior academic and research positions. 

 

Political-administrative dichotomy

With his thesis titled ‘The Political-Administrative Dichotomy in coalition-led metropolitan municipalities: A South African Perspective’, he focuses on the interface between politics and administration. Says Dr Du Plessis: “The political-administrative dichotomy discourse is unable to account for coalition politics in most of South Africa’s metropolitan municipalities. More importantly, political and administrative instability has become common in most of South Africa’s coalition-led metropolitan municipalities.

“What makes my research particularly interesting is that it transcends Public Administration by incorporating contributions from Political Science through critical discourse analysis. I also conducted interviews with political office-bearers, the South African Local Government Association in Gauteng province, as well as subject experts – both national and international – in public administration, political science, and constitutionalism, to uncover deeper nuances relating to local lived experiences and international perspectives,” says Dr Du Plessis. 

According to him, the increasing prevalence of coalition-led governments in South Africa’s metropolitan municipalities necessitates a reconceptualisation of the political-administrative interface. Traditional interpretations of the political-administrative dichotomy have proved inadequate in explaining the multifaceted and dynamic interactions characteristic of contemporary coalition governance. This study responds to that gap by proposing a nuanced, context-sensitive, and theoretically enriched framework that better reflects the realities of coalition-led metropolitan municipal governance in the South African context.

 

The findings of the research 

“Building on comparative and critical discourse analyses, this research advances a polychotomous framework – one that transcends mono-theoretical and discipline-bound approaches by integrating insights from Public Administration and Political Science. The framework acknowledges the existence of both formal and informal political-administrative relationships and interrogates how these configurations influence governance outcomes in coalition-led municipalities, with specific reference to the City of Johannesburg (CoJ) Metropolitan Municipality.

“The findings underscore the limitations of classical dichotomy theory, particularly in accounting for the intersectionality between coalition politics and the institutional architecture of local government. In contrast to the dichotomy discourse, which narrowly focuses on political principals and administrative office-bearers, this research situates the interface within a broader institutional and societal matrix that includes political parties, non-state actors, and citizen constituencies.”

Dr Du Plessis say although this study was confined to local government and the CoJ, he believes it makes a meaningful knowledge contribution with real-world impact, paving the way for continued exploration and innovation in both research and practice concerning the political-administrative interface in coalition-led metropolitan municipalities. “More importantly, I hope it sparks critical reflection on the central nervous system of government and governance in South Africa, highlighting the urgent need to reconfigure not only political and administrative arrangements, but also the broader governance frameworks required to manage coalition politics effectively.”

 

PhD journey 

Obtaining his PhD, Dr Du Plessis says, is extremely emotional as he hopes to have inspired the broader family and future generations of students. It is both a liberating and proud moment for him for which he is deeply grateful and extremely overjoyed. This is not only the achievement of a personal and academic goal, but also the fulfilment of a journey filled with perseverance, growth, and purpose.

Like most PhDs, his journey was characterised by challenges that not only tested his intellectual ability but also his drive to succeed. There were moments of “profound loneliness”, self-doubt and even an overwhelming sense of guilt and shame. He had to deal with mental health challenges and experienced the well-known imposter syndrome. However, the support from his wife, Natasha, and Prof Lues, as well as colleagues like Dr Marevé Biljohn, Head of the Department of Public Administration and Management, the Faculty of Economic and Management Sciences PhD support group under the leadership of Prof Tina Kotze and Mrs Igna du Plooy and the REAP programme under the leadership of Dr Henriette van der Berg and Dr Karen Booysen, were essential in completing his PhD. They guided him through the academic and emotional trials of this journey with unwavering compassion.

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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