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02 December 2019 | Story Leonie Bolleurs | Photo Leonie Bolleurs
Solomon read more
Poverty in the Thabo Mofutsanyana District (the poorest district in the Free State province) has implications for both the mountain environment and the people in the area. Pictured here is Prof Geofrey Mukwada, Associate Professor in the Department of Geography on the UFS Qwaqwa Campus, also affiliated to the Afromontane Research Unit (ARU).

Poverty, defined by Statistics South Africa as earning less than R300 a month, is a reality that many mountain communities struggle with.

Prof Geofrey Mukwada, Associate Professor in the Department of Geography on the UFS Qwaqwa Campus, also affiliated to the Afromontane Research Unit (ARU), published a number of articles on the mountain population in the Thabo Mofutsanyana District (the poorest district in the Free State province). In a research paper with postgraduate student Solomon Zondo, he specifically focuses on the value-chain analysis of the Witsieshoek conservation area and its environment. 

They looked at the inter-relationship between nature and the rural population and how the environment has changed as a result. For this largely poor community, the income generated from natural resources is an important source of livelihood. 

To earn a living, the community is pursuing several ways to generate an income. This has implications for both the mountain environment and the people in the area. 

Impacting the environment

Whether it is mining for sandstone, herding cattle or selling medicinal plants, all these activities have an ecological and socio-economic impact. 

A large percentage of the population in the Witsieshoek Community Conservation Area derives their income from livestock grazing. Cattle herding often leads to overgrazing – which results in soil erosion in the long term, preventing water from draining into the ground and depriving plants from much-needed moisture. Connected to the excessive removal of indigenous plants, is the spread of invasive species. As invasive trees and vegetation gulp up water, the severe impact of drought in the area is increasing.

Harvesting and selling medicinal plants to generate income for a sustainable livelihood also affect the surrounding environment. The mostly elderly ladies harvest and sell, among others, Arum lily and Pineapple lily for their medicinal properties and ornamental use. Harvesting these plants adds to the spread of invasive species, as they push away indigenous plants.

Small sandstone mining operations are another means to earn a living. Neither the customer, locally or outside the Witsieshoek area, nor the supplier, usually from Witsieshoek, is held accountable for the degradation of the environment. Careless mining not only results in a decline in ecosystem health, with scree from sandstone cutting littering the rangelands and the finer particles causing silt in rivers and dams (damaging any equipment used to extract water from rivers and dams); it also spoils pastures which locals depend on for their livelihood. 

Even with the 15% increase in tourism (2016), a living through the holiday industry is not always keeping the wolf from the door. According to Prof Mukwada, many literature sources have shown that tourism may fail to reduce poverty. During a study, respondents interviewed in the Clarens area indicated that they only receive wages during the busy months of the year (approximately 4–6 months). Many of the workers in Clarens and the Golden Gate Highlands National Park do not have easy access to chain stores, but only to small grocery stores where goods are much more expensive. Travelling to a town where they will pay less for groceries is costly, making it difficult to have the same standard of living as workers elsewhere.

“With the current situation, water insecurity is likely to worsen,” says Prof Mukwada.

Coming up with solutions

Is it possible to look for alternative livelihood sources? It is not easy to come up with simple solutions to the challenges. As Prof Mukwada explained, what might be a solution to one problem could have negative implications on another front. “One needs an integrated approach,” he says. 

In terms of tourism, one could consider training the locals in tourism-related skills, adequately equipping them with skills to increase their value. “Develop tourism that is inclusive and will benefit low-income earners who cannot invest in hotels and restaurants,” Prof Mukwada adds. 

And with a large number of people earning their income from herding, one can suggest that nearby, flatter land is made available to resettle communities, thus providing an alternative area for grazing. In flatter areas there is also less erosion. It is, however, key to determine whether the communities would be prepared to move to a new area.

Having a voice

He also believes that good relationships between industry, government, and the community are important to make a positive difference in the area. A platform is needed where the people’s limited voice will be heard in policy making. 

“The most effective way to find a solution is to listen to the people in the community. Give people the information and find out from them which of these options are possible within their local context. And do not prescribe. One needs to understand the community and its values,” he adds.

When there is understanding between the different role players and when the community has a voice, the park resources, if managed properly, have a chance to provide long-term sustainable benefits to the people of the area. 

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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