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02 January 2025 | Story Edzani Nephalela | Photo Lethabo Machabaphala
Prof Allan Boesak
From the left are, Prof John Klaasen, Dean of the Faculty of Theology and Religion; Prof Vasu Reddy, Deputy Vice-Chancellor: Research and Internationalisation at the UFS; Prof Anthea Rhoda, acting Vice-Chancellor and Principal of the UFS; Prof Allan Boesak; Prof Nico Koopman, Deputy Vice-Chancellor: Social Impact, Transformation and Personnel at Stellenbosch University; and Dr Eugene Fortein, Senior Lecturer: Historical and Constructive Theology at Prof Boesak’s book launch.

In a world increasingly defined by the stark contrasts of power and vulnerability, the concept of democracy often reveals itself as a double-edged sword. For the children of struggle – those who have grown up amid the chaos of inequality and conflict – democracy can feel like a distant promise, an ideal often outmanned by the realities they face. The deception of hope lingers in the air as aspirations clash with systemic barriers, leaving many to navigate a landscape where a harsh daily existence obscures the principles of freedom and justice. This exploration seeks to uncover the intricate dynamics between hope and disillusionment, shedding light on the lived experiences of those who yearn for a brighter future yet grapple with the weight of unfulfilled promises.

This was the essence of the public lecture titled Outmanned by Democracy: Children of Struggle, Deception, and Hope, presented by Prof Allan Boesak, a theologian and political activist, on the Bloemfontein Campus.

Prof Boesak confronted the continuous socio-economic challenges faced by South Africa and other nations, including racism, narrow ethnic nationalism, and the revival of tribalism. He emphasised the role of churches in tackling these issues. “The responsibility of churches is to articulate what politicians are often afraid to say,” he stated. “Put your ideologies into practice and leverage your power as ministers of the Word to shape the future and reclaim the dignity of your people. This is where unity transcends colour and stature. Consider the various roles that churches could play in reconciling communities, as seen in the Gaza crisis.”

During his visit to the UFS Faculty of Theology and Religion, Prof Boesak also launched a four-volume set titled The Fire, The River and the Scorched Earth: Fifty Years of Black Theology Through the Lens of Allan Boesak. The first three volumes include his lectures and responses from various theologians, while the fourth contains his sermons. This body of work aims to document, critique, and celebrate the contributions of black theology, highlighting its role in the struggle for justice and liberation and underscoring Prof Boesak’s unwavering commitment to freedom, liberation, and democracy.

In a time when hope and disillusionment coexist, Prof Boesak’s insights remind us of the transformative power of faith and activism in the continuing fight for a more equitable world

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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