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03 June 2020 | Story Lacea Loader

On 1 June 2020, the University of the Free State (UFS) received confirmation from the Member of the Executive Council (MEC) for Sport, Arts, Culture and Recreation, Ms Limakatso Mahasa, that the relocation of the statue to the War Museum in Bloemfontein has been endorsed. The university was also informed that a permit will now be issued by the Free State Provincial Heritage Resources Authority (FSPHRA) for the dismantling, temporary storage, and relocation of the statue to the War Museum.

The notice from MEC Mahasa comes after the Appeal Committee of the FSPHRA decided on 20 August 2019 to uphold appeals from interested parties and to keep the statue at the UFS. Subsequently, the Special Task Team appointed by Prof Francis Petersen, Rector and Vice-Chancellor of the UFS, to develop and implement a framework to engage with a review process on the position of the statue in front of the Main Building on the Bloemfontein Campus, submitted an urgent request to MEC Mahasa to appoint a tribunal and refer the university’s appeal in terms of and in accordance with the provisions of Section 49(2) of the National Heritage Resources Act (NHRA), No 25 of 1999.

“The university’s executive appreciates the endorsement by MEC Mahasa and is satisfied with the findings of the Tribunal Committee, which supports the relocation of the statue. The University Council approved the relocation of the statue on 23 November 2018, after which an extensive process was followed to obtain a permit from the FSPHRA to relocate the statue. The Special Task Team went to great lengths to demonstrate the thoroughness of the public participation process and other supportive steps taken by the university,” says Prof Petersen.

“As there is no precedent for such a public participation process under the current South African law, the Special Task Team was at all times guided by the principles of fairness, inclusivity, and objectivity. It was not an easy process, but the outcome is a significant milestone,” says Prof Petersen.

The findings of the Tribunal Committee include, inter alia, that the university has followed the correct application procedure for the permit, that a proper public participation process was followed that was more comprehensive than required by law, and that no procedural unfairness took place during the public participation process. The Tribunal Committee furthermore found that the decision by the FSPHRA on 30 April 2019 to issue the permit was correct, and that the Appeals Committee appointed by the FSPHRA erred in its decision to uphold the appeal. As a pre-condition, the Tribunal Committee also determined that a conservation plan must be prepared by the university in order to address the process of relocating the statue.

According to Prof Petersen, the university welcomes the findings of the Tribunal Committee as it is in line with the Heritage Impact Assessment Report (HIA) and conservation plan initially submitted to the FSPHRA as part of the application for a permit.   

“While we await the issuing of the permit by the FSPHRA, we will now proceed with the necessary arrangements for the relocation of the statue, such as appointing a team for the dismantling, temporary storage, and re-assembly of the statue at the War Museum and appointing a heritage architect to oversee the process. The wishes of President Steyn’s family will be accommodated during the relocation process, as per the findings of the Tribunal Committee,” he says.  

Released by:
Lacea Loader (Director: Communication and Marketing)
Telephone: +27 51 401 2584 | +27 83 645 2454
Email: news@ufs.ac.za | loaderl@ufs.ac.za

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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