Academy of Science of South Africa (ASSAf): Open Journal Systems
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Taxation of Litigation Costs under Uniform Rule 70: Attorneys Acting as Counsel are Entitled to Equal Reimbursement for Equal Work by Advocates
No full textUnlike during the apartheid era, high courts are no longer the terrain of advocates solely. By law, qualifying attorneys have a right of audience there. When attorneys render services usually performed by advocates and they secure a party-and-party costs order for their clients, then a question arising is whether the unsuccessful litigant is liable to indemnify the successful litigant on the lower tariff ordinarily applicable to attorneys' fees under Uniform Rule 70, or the higher tariff of reasonable fees applied to advocates under Uniform Rule 69. This important issue in the law of costs forms the core subject of this article. It engages therewith through a critical analysis of the prevailing case law dealing with Uniform Rule 70(3) read with Uniform Rule 70 tariff item A(10), as well as an application of the mandatory interpretive directive in section 39(2) of the Constitution of the Republic of South Africa, 1996 taken with the tools of textual, contextual and purposive interpretation.
This article argues that Taxing Masters, as gatekeepers of fairness and practicality in determining the recoverability of litigation costs, cannot when taxing a party-and-party bill apply one standard or set of rules for assessing advocates' fees in relation to high court work and then apply another for assessing attorneys' fees for doing the same (or substantially the same) work. Such a situation would be inimical to the tenets of the rule of law promoting justice and equity which apply at a taxation, being a legal proceeding in a forum envisaged by section 34 of the Constitution. This article argues further that Taxing Masters must embrace the salutary principle that attorneys are entitled to equal pay for equal work done as counsel, and that a contrary approach would endorse the notion that advocates are more equal than attorneys, a view antithetical to the values of and fundamental rights to dignity and equality entrenched in the Constitution, all of which find application when a Taxing Master exercises his public powers under Uniform Rule 70(1)
One-pot hydrothermal green synthetic approach of fluorescent carbon dots as optical probes for 2-nitrophenol
No full textThe pursuit of a cost-effective and green synthetic approach to chemical sensors and their application in the sensing of toxic and harmful substances is a never-ending exercise for scientists and researchers. Preparation of fluorescent carbon dots (C-dots) from biomass using water as a solvent and a hydrothermal autoclave to provide the required synthesis temperature offers a cheap and environmentally friendly synthetic approach. Herein, we report a faster, less costly and ecofriendly hydrothermal synthetic approach of carbon dots from Citrullus vulgaris peels as a precursor. The as-prepared carbon dots exhibited hydroxyl, carbonyl and amide functional groups on the surface and an amorphous structure with a particle size distribution of 1.7–3.0 nm. Moreover, the carbon dots displayed intense blue emission fluorescence at 470 nm after excitation at 400 nm. The as-prepared carbon dots demonstrated effective application without further modification towards the selective and sensitive optical recognition of 2-nitrophenol used in the manufacture of explosives. A limit of detection of 2.28×10−7 M was achieved, and no fluorescence quenching was observed in the presence of other nitroaromatic and benzene derivatives indicating excellent selectivity towards 2-nitrophenol. Finally, further studies are required to investigate the potential for the as-prepared carbon dots to monitor nitroaromatic pollutants in real environmental systems.
Significance:
Terrorism is an ever-increasing problem, and law enforcement agencies are continuously searching for and detecting explosives hidden in travel luggage, mail packages, vehicles and aircrafts using sophisticated equipment which are not available in developing countries such as Botswana.
This work unveils a facile and environmentally friendly approach towards the detection of 2-nitrophenol used in the manufacture of explosives by employing highly luminescent C-dots obtained from locally available agricultural waste.
The utilisation of agricultural waste can help advance a sustainable waste management programme and promote a circular economy
Final-year oral hygiene and dental therapy students’ perceptions of teaching and learning at a South African university
Get PDFDental students may provide insightful course evaluation and feedback due to their direct engagement with theoretical and clinical instruction during their training. According to the literature, student feedback may enhance dental education. This study investigated students’ perceptions of teaching and learning, the various aspects of which will be discussed further.
Aims and objectivesThe study aimed to determine the perceptions of the final year dental therapy and oral hygiene students regarding teaching and learning at a South African university. Topics such as teaching methods, suitable attributes of academic staff, potential barriers to learning, clinical quotas, effects of the pandemic and recommendations to enhance teaching and learning were investigated.
MethodsA cross-sectional study was conducted during the 2021 and 2022 academic years. Quantitative and qualitative data was captured via an online questionnaire. Participants were asked to rate their perceptions of teaching and learning via a five-point Likert scale and respond to open-ended questions.
ResultsSixty-nine students participated in this study, yielding a response rate of 65.09%. The findings demonstrated students’ preference for contact teaching methods such as clinical observation (80%; n=55) and clinical demonstrations (78%; n=54) compared to online lectures (54%; n=37). Stress (78%; n=54) and insufficient feedback (88%; n=61) were identified as learning barriers. Increased clinical training was among the suggestions to enhance learning.
ConclusionStudents should be encouraged to provide feedback regarding teaching and learning as this may positively influence curriculum design and development
Civil War between the Ethiopian Government and the Tigray People's Liberation Front: A Challenge to Implement the Responsibility to Protect Doctrine
Get PDFHow does the 2020-2022 civil war in Ethiopia contribute to our understanding of the Responsibility to Protect (R2P) doctrine? This study seeks to revisit the debate over the effectiveness of the R2P doctrine in the wake of increased intrastate conflicts. The objective is to assess the dilemma that arises with the implementation of R2P when governments are involved in the conflict and the international community is reluctant or unable to intervene. The study adopts the systematic review approach (PRISMA) to identify the shortcomings, trends, and debates around R2P. It uses the Ethiopian civil war to contribute further to the existing body of literature. The paper finds that, indeed, the R2P doctrine is facing serious challenges with its implementation. It shows that when governments fail to acknowledge the other actors as legitimate combatants and instead describe them as terrorist groups, it becomes difficult to uphold the R2P doctrine. The paper also identifies a lack of leadership and coordinated efforts at regional and international levels as contributing factors, which further undermine the effectiveness of R2P. The paper concludes that the Ethiopian civil war exposes serious shortcomings in the R2P doctrine that need to be reviewed and reformed urgently. It proposes the adoption of a systems-thinking approach that can streamline the actors and processes of response during civil wars
Comparative Notes on the use of Commercial Litigation Funding in Insolvency: Australia and South Africa
No full textThis article explores the application of third-party litigation funding (TPLF), also referred to as commercial litigation funding, in insolvency litigation by way of a comparison of the legal position in Australia and South Africa. It proposes that TPLF could offer significant benefits by enabling liquidators of insolvent estates to pursue and enforce claims through civil proceedings with the aim of swelling the assets of the insolvent estate, ultimately to the advantage of the creditors. Since both jurisdictions share elements of English law, both were confronted with the English law doctrines of champerty and maintenance initially being regarded as impediments to the development and/or use of TPLF. Currently, and mainly due to developments in terms of case law, the concept of TPLF has in principle been accepted in both jurisdictions. However, in Australia the development originally transpired in the field of insolvency litigation. In South Africa the context was more in the confines of general litigation. It is submitted that the South African system could benefit by considering various aspects of the Australian system regarding the use of TPLF in insolvency litigation. It remains a question whether or not the respective systems would benefit by adopting comprehensive regulatory measures to regulate TPLF.
Tribute to Professor Willemien du Plessis: A Legacy of Excellence and Compassion
No full textA personal tribute to professor Willemien du Plessis
Occurrence of multidrug-resistant Escherichia coli and antibiotic resistance genes in a wastewater treatment plant and its associated river water in Harare, Zimbabwe
No full textWastewater treatment plants (WWTPs) have been identified as point sources of antibiotic-resistant bacteria (ARB) and antibiotic-resistance genes (ARG). Due to variations in antibiotic use and prescribing patterns in different countries, it is imperative to establish the presence of ARB and ARGs in water environments on a country-by-country basis. This study investigated the occurrence of 11 antibiotic-resistance genes (QNRB, DFR14, CTX-M, KPC, Sul1, QNRA, Sul2, ERMB, ERMA, SHV, NDM), and antibiotic-resistant Escherichia coli in a WWTP and its associated river water in Harare, Zimbabwe. 24 water samples were collected across 3 sites: upstream and downstream of the WWTP; final effluent of the WWTP. The samples were collected weekly for 8 weeks. Pure cultures of the E. coli isolates were obtained by membrane filtration (0.45 µm) and repeated streaking on Tryptone Bile X-glucuronide followed by biochemical tests (indole test; citrate test; motility, indole, and ornithine). Antibiotic resistance profiling was done for 12 antibiotics using the disc diffusion method. Total genomic DNA was extracted from the 21 water samples and the occurrence of 11 antibiotic-resistant genes investigated using conventional PCR. 86 E. coli isolates were obtained from the sampled sites: 28 from the upstream site, 26 from the WWTP effluent, and 32 from the downstream site. The results from chi-squared analysis showed a significant association (p < 0.05) between the sampling site and the percentage of antibiotic-resistant E. coli for all 12 antibiotics investigated. The percentage of E. coli isolates resistant to the tested antibiotics varied from 29% (ertapenem) to 80.2% (ciprofloxacin). 81 (94.2%) E. coli isolates were resistant to antibiotics from ≥3 classes. Eight (8/11, 72.7%) ARGs were detected in the WWTP effluent and river water samples. Results indicate that the investigated WWTP and associated river water are reservoirs of ARGs and antibiotic-resistant E. coli, which is a public health concern
Rural Community Perceptions on Land Use Change and its Effects on Their Agricultural Practices in Vulindlela Traditional Area, Kwazulu-Natal Province of South Africa
No full textThis study assessed the level of awareness among the Vulindlela rural community regarding land use and land cover changes occurring in their community. Additionally, this study sought to examine the effects of these land use and land cover changes on the agricultural practices of the Vulindlela rural community. The study employs a mixed-methods approach, combining qualitative and quantitative methods. Secondary data from Statistics South Africa and the Msunduzi Local Municipality were used to determine the relationship between population growth and housing unit expansion. Primary data were collected through semi-structured interviews to capture the community’s perceptions of land use change and its impacts on agricultural activities. The study results indicated a strong relationship (r = 0.81, t = 2.39, df = 3, p = 0.10) between population growth and an increase in housing units. Respondents also noted that land use and cover change has occurred in Vulindlela. The driver of this change is an increase in residential housing units built on land designated for agriculture (crop and pastoral fields). Residential development on agricultural fields is a result of the de-agrarianisation by the local community. De-agrarianisation drivers in Vulindlela include a lack of agricultural equipment, high costs (time and money) associated with agriculture, inadequate government support, increased dependence on government grants and lack of interest in the younger generation in agriculture