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08 August 2019 | Story Leonie Bolleurs
Zama Zama
Michelle Goliath played a major role in establishing the first ethically sourced, fair, women-owned, artisanal diamond process.

Michelle Goliath, a PhD student in the Department of Urban and Regional Planning at the UFS, has a passion for helping the most vulnerable people in society who have run out of conventional employment options. 

“My research includes ‘Zamaism’ psychology, a philosophy which looks at the contestation of space and rules, how people navigate the illegal when they are faced with desperate choices,” she explains.  

Michelle has been working with approximately 3 000 diamond mining ‘Zama Zamas’ (criminal miners) over the past three years. Together, they negotiated an agreement with private sector mining and public sector stakeholders to include the Zama Zamas as legal artisan miners in the formal mining economy.

One of the highlights of her career so far was being part of a big first: the complete, ethically sourced, fair, women-owned, artisanal diamond process.

Michelle explains: “A rough stone includes the story of the women who dig it from the earth, legally (under permit), ethically sourced. Instead of being exploited, the same women now sell their diamonds for full value to a legal tender house through a legal buyer or directly to the cutter and polisher. The cutter and polisher also train the women to cut and polish the stones themselves. The women then sell the stones to jewellery gold- and silver-‘smiths’ who artisanally craft this into an engagement ring or ‘Wakanda gem spear’, to be sold in the open market locally and internationally.”

She believes these products will become priceless works of art. “Like Picasso paintings, they are each uniquely produced by hand with a story and Kimberley process certificates,” she adds.

The story of the women

This project had a big impact on Elisa Louw, a former street seller and domestic worker. She tells her story: “I was tired of domestic work and decided to work at the mines as a Zama Zama. I began with nothing and had to borrow tools and learn from others.”

Elisa started working in the mines in 2013; in 2014, she found her first 75-pointer diamond which she sold for R1 500 on the black market. “The black market was good then,” she said.

She later recruited other Zama Zamas to register and obtain legal permits for mining. Elisa mined from 08:00 to 12:00 and from 13:00 to 16:00 she recruited people to start a legal mining co-op. “It was difficult then. People did not understand what it meant to be legalised,” Elisa explains.

But she worked hard and at the end of 2016, the Batho Pele Primary Mining Cooperative was established.

However, it was a hard and difficult journey before they were given their permits early in 2017. The mines took their IDs and issued them with eviction letters. “They called us names – terrorists, robbers, rapists, etc. But in a meeting with the South African Police Service, the Department of Mineral Resources, the Sol Plaatje Municipality, and the international Swedish Housing Company, Michelle spoke for us.”

“She represented the Swedish Housing Company and we thank the Lord for sending her to us. She informed all parties that we did not want to fight, but that we were looking for a licence to work. She helped us to obtain our legal permit to mine.”

“It was such a relief when we received the permit. I could go home and sleep without worrying about the safety of the old people and children who are mining.

“The permit changed my life as a woman. My voice is heard; my words count. I am proud of myself,” says Elisa. 

The two cooperatives they created, Batho Pele Primary Mining Cooperative and the Women in Artisanal Scale Mining, have already signed agreements with Canada and the USA for the export of fair-trade-certified gem products.

Blood, sweat and tears

The journey towards this big achievement took two years of literally blood, sweat, and tears. “Society labels Zama Zamas negatively as terrorists. In a way, you become a Zama at heart once you live with people every day who are fighting for economic inclusion. You fight the illegal diamond trade that exploited people as digging slaves. You fight formal mining, which is a difficult sector to enter as a woman. You literally fight others with stones for territory. You fight political fights, land fights, the system at every level, to seek an existence,” Michelle explains.

She believes the mining industry can be a tough environment. “It is exploitative at many levels. It showcases rare talent, but under duress. At artisanal scale it is even worse. The only future women have, is to lead themselves, to create their own fairer system, to redesign a full value chain that allows broader participation,” states Michelle.

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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