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13 May 2025 | Story Dr Francois Smith | Photo Supplied
Francois Smith
Dr Francois Smith, Head of Department: Afrikaans and Dutch; German and French, University of the Free State.

Opinion article by Dr Francois Smith, Head of Department: Afrikaans and Dutch; German and French, University of the Free State 




On 8 May 1925, the writer CJ Langenhoven introduced a bill in the parliament of the then Union of South Africa that led to Afrikaans being recognised as one of the country’s official languages, alongside English. It is this historic moment that marks the centenary being celebrated today. However, the language itself predates its official status by centuries. The roots of Afrikaans can be traced back to the 1500s, during the first interactions between European sailors and the indigenous Khoi-Khoi people. What makes the origin of Afrikaans particularly significant is that it developed on African soil, shaped by the contact and exchange between European colonists, enslaved people brought from Africa and Asia, and the local Khoi population. Afrikaans is, therefore, a uniquely South African creation – a rich tapestry of diverse influences. It is this diversity, this cultural and linguistic fusion, that is truly worth celebrating.

It is evident that Afrikaans did not begin as a fully developed written language. Some of the earliest recorded instances of written Afrikaans date back to the 1830s, when Muslim imams used Arabic script to communicate with their pupils in Afrikaans in religious schools. A more formal effort to establish Afrikaans as a written language emerged in 1875 with the founding of the Genootskap van Regte Afrikaners (Society for Real Afrikaners), which played a pivotal role in standardising and promoting written Afrikaans.

 

The Dutch language

During the Anglo-Boer War (1899-1902), the two Boer republics – the Zuid-Afrikaansche Republiek and the Orange Free State – were defeated by the British Empire. In the aftermath of this conflict, efforts were made to unite the two British colonies, the Cape Colony and Natal, with the former Boer republics into a single political entity. This led to the National Convention, where representatives negotiated the constitution for what would become the Union of South Africa. Given the dominant position of Britain, the prevailing influence of English-speaking authorities in the Cape and Natal, and the Anglophile stance of many British leaders, it would have been reasonable to expect the new Union to adopt English as its sole official language. However, due to the tireless advocacy of figures such as former President MT Steyn and General JBM Hertzog, the resulting South Africa Act of 1909 – passed by the British Parliament – stipulated that ‘the Dutch language’ would share official status with English in the Union. This was a significant victory for the preservation of Dutch (and later, Afrikaans) in the political and administrative life of the country.

The ‘Dutch’ used in South Africa at the time, particularly among ordinary people, was far from uniform and bore little resemblance to the Standard Dutch of the Netherlands. Very few South Africans were proficient in writing formal Dutch. Meanwhile, Afrikaans had only just begun the process of standardisation in the years following the formation of the Union. In many cases – especially in written contexts – the language appeared as a hybrid of spoken Afrikaans and formal Dutch, or what was loosely referred to as ‘Hollands’. Recognising this linguistic shift, figures such as CJ Langenhoven began advocating for Afrikaans to be recognised as a full-fledged language, particularly as a standardised orthography began to take shape. Langenhoven and his contemporaries likely understood that the continued use of Standard Dutch in South Africa was untenable. Thanks to their dedication, a joint session of the Volksraad and the Senate was held on 8 May 1925, during which Act No. 8 of 1925 was passed. This legislation clarified that the term ‘Hollands’, as used in South African legal and governmental contexts, also encompassed Afrikaans – marking a pivotal moment in the formal recognition of the language.

A necessary consequence of the 1925 legislation was that Afrikaans, now recognised as an official language, had to rapidly develop in areas such as orthography, terminology, and grammatical consistency. Subsequent constitutions – specifically those of 1961 and 1983 – further entrenched the status of Afrikaans by extending the use of both official languages to the provincial level. Because Afrikaans was now required to operate on equal footing with a global language such as English across all spheres of government, the development of a standardised variety became essential. This standard form enabled the state not only to fulfil its constitutional obligations but also to communicate effectively with a significant portion of the population.

 

Most South Africans not first-language English speakers

Today, South Africa officially recognises twelve languages, following the recent addition of South African Sign Language. While earlier constitutions explicitly outlined the functions and domains of the official languages, the 1996 Constitution is notably more open-ended. It mandates that the state must take "practical and effective measures" to elevate the status and promote the use of all official languages, and that they must be treated equitably and enjoy equal status. However, these provisions are vague and lack clear implementation guidelines or enforceable obligations. Unlike earlier frameworks that prescribed specific uses and provided mechanisms for accountability, the current constitutional language leaves much to interpretation. As a result, and in the absence of meaningful incentives or enforcement, English has become the de facto sole language of government, undermining the ideal of multilingualism and linguistic fairness envisioned in the Constitution.

The reality that most South Africans are not first-language English speakers means that a significant portion of the population has limited access to essential information, which in turn restricts their ability to fully participate in the country’s economic, educational, and social opportunities. This linguistic barrier perpetuates inequality and undermines the goals of inclusive development. One of the pressing challenges facing the current government is, therefore, strikingly similar to that which confronted the Union government a century ago with respect to Afrikaans: the need to actively develop all of South Africa’s official languages. Only through dedicated investment in their growth and functional application can these languages truly operate as instruments of democracy, equality, and social justice.

The development of human potential and the advancement of science and technology are among the foremost priorities of the current South African government. However, these goals are unattainable without language – spoken or written – as the foundation for communication. More specifically, the absence of well-developed scientific languages renders scientific and technical communication ineffective. This reality places increasing demands on South Africa’s official languages, requiring the creation and maintenance of robust, multilingual terminology across a wide range of disciplines. Ensuring that all languages are equipped to handle specialised knowledge is essential for equitable access to education, innovation, and national development.

Due to the dominance of English, South Africa’s other official languages face significant challenges in developing technical vocabulary and keeping pace with the demands of a rapidly evolving modern world. One notable achievement in Afrikaans is the Woordeboek van die Afrikaanse Taal (WAT), a comprehensive dictionary project that began in 1926 and, despite minimal state support, continues to progress toward its final volume, expected in 2028. This kind of initiative should serve as a model for all of South Africa’s official languages. Scientific and technological knowledge must be made accessible in every language, ensuring they are equipped to function effectively across all levels of society. When a language loses functional domains, its practical value diminishes, its cultural sphere contracts, and its speakers are more likely to shift towards a language perceived as more useful.

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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