Academy of Science of South Africa (ASSAf): Open Journal Systems
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ALTERNATIVE ACCOMMODATION OF AN UNLAWFUL OCCUPIER’S CHOOSING: SOME REFLECTIONS ON Grobler v Phillips [2022] ZACC 32
No full textAn abundance of case law dealing with eviction has emerged. Clear rules for evictions exist in the eviction context and a solid body of law is being developed in this regard. For many years, little attention was given to the issue of unlawful occupiers refusing to be evicted based on preferences or wishes to remain in the same house or land under the Prevention of Illegal Eviction From and Unlawful Occupation of Land Act 19 of 1998 (PIE). However, in recent years disputes around the choice of alternative accommodation in terms of the Extension of Security of Tenure Act 62 of 1997 (ESTA) have increased significantly
Evaluating the establishment of a new water hyacinth biological control agent in South Africa
No full textMegamelus scutellaris Berg (Hemiptera: Delphacidae) is the most recent of nine biological control agents developed to manage invasive water hyacinth, Pontederia (=Eichhornia) crassipes Mart. (Pontederiaceae), in South Africa. More than a million M. scutellaris have been mass-reared and released since the first introduction of the agent into South Africa in 2013, successfully establishing overwintering populations at 32 sites in seven of the nine provinces. Establishment has also been recorded at seven of these sites through natural dispersal from sites where they had established. Inundative releases, where large numbers of M. scutellaris are released regularly, have resulted in excellent establishment, and caused a significant reduction in water hyacinth cover in areas where, historically, biological control seemed unlikely due to excessive eutrophication. Although M. scutellaris has established well throughout South Africa through classical biological control methods, this study also showed that inundative releases of biological control agents over multiple seasons results in the most effective control of the weed, especially at cool temperate and eutrophic sites
Tacit Choice of Law in International Commercial Contracts. An Analysis of Future Instruments of Developmental Organisations
No full textThis article examines the various regional and supranational organisations of emerging countries that could benefit from a codification of private international law rules. They include the Organisation for the Harmonisation of Business Law in Africa (OHADA), the African Union (AU) and the Association of Southeast Asian Nations (ASEAN). In addition, the article analyses the envisaged instruments that may be especially relevant in the context of the abovementioned organisations. These include the Preliminary Draft Uniform Act on the Law of Obligations in the OHADA Region, the proposed African Principles on the Law Applicable to International Commercial Contracts and the Asian Principles of Private International Law. More specifically, the article focusses on the provisions regarding the determination of the law applicable, particularly those rules relating to a tacit choice of law in international commercial contracts
The Influence of Reasonableness in Determining Delictual or Tort Liability for Psychological or Psychiatric Harm in South African and English Law
No full textDue to a lack of authority in Roman-Dutch law in respect of claims for psychological harm, our courts in South Africa relied on English law for guidance, in particular the tort of negligence where emphasis is placed on reasonable foreseeability of harm. The courts in both jurisdictions generally face challenges with who exactly is entitled to claim, the quantification of the damages that should be awarded and how to limit delictual or tort liability emanating from these types of claims. South African law also followed English law in making the distinction between primary and secondary victims and as will be shown in this contribution, limiting liability in respect of secondary victims is problematic. The courts generally tread with caution in awarding damages for pure psychological or psychiatric harm and several policy considerations are taken into account when deciding to award damages or not. Nevertheless, as will be shown in this contribution, the courts in South Africa and the United Kingdom acknowledge these claims and have been developing the law around the cases that have come before them. What is rather interesting and prevalent though with regard to primary and secondary victim claims for psychological or psychiatric harm in these jurisdictions, is the implicit and explicit influence of "reasonableness" in determining delictual or tort liability for these types of claims. This will be explored further in this contribution.
Assessment of long-term water demand for the Mgeni system using Water Evaluation and Planning (WEAP) model considering demographics and extended dry climate periods
No full textThe Mgeni System is recognised as the main source of water supply for the Durban and Pietermaritzburg region in South Africa. This area is regarded as the primary economic hub of KwaZulu-Natal Province, and this brings about a high level of demographic pressure, with potential water supply problems in the future. This study investigates the water resource situation in the Mgeni System and evaluates future supply and demand accounting based on the (Water Evaluation and Planning) WEAP software. WEAP was used to analyse the study area for the period 2009–2050 to assess the impacts of various scenarios on future water supply shortfalls. Four scenarios were used, which take into account changing population growth rates and extended dry climates. The study found that the catchment is relatively sensitive to changes in population growth and extended dry climates, and this will alter the water availability significantly, causing a water supply deficit. In response to the projected future water demands, one technique to overcome the unmet demand is by introducing water conservation and demand management (WC/DM) strategies to reduce the water losses and shortfall encountered. By implementing adequate measures, water losses can be reduced, preventing water scarcity and giving decision makers time to provide further solutions to water supply problems
The effects of deficit irrigation on water use efficiency, yield and quality of drip-irrigated tomatoes grown under field conditions in Zimbabwe
No full textWater availability in the root zone directly affects the yield and quality of tomatoes yet in most cases in sub-Saharan Africa water is either expensive or scarce. It is therefore important to establish and utilise suitable irrigation strategies in order to produce the crop in a sustainable way. In this study the effect of conventional and deficit irrigation treatments on yield, fruit quality and water use efficiency (WUE) were determined. Four trials were conducted at the University of Zimbabwe Farm from 2014-2017 with four treatments per trial: T1 = 100%, T2 = 80%, T3 = 60%, and T4 = 50% of crop water requirements (ETc). Treatments had equal number of plants per trial with an in-row plant spacing of 0.3 m and 0.5 m between adjacent rows. ETc was determined daily for each treatment and the corresponding volume applied through one drip emitter per plant. Fruits from each treatment were gathered while ripening and the total yield obtained. WUE was calculated by dividing the total fresh yield by total irrigation water applied. Maximum yield was obtained where 100% ETc was applied, with no significant difference between yield of plants at 80% and 60% ETc, except in 2016. Yield decreased with 50% ETc in 2014, 2015, and 2017 with no significant difference in yield between 60% and 50% ETc treatments in 2016. The 2015 season recorded the highest yield when compared to other trials showing that we can save 40% of water resulting in high WUE with minimum loss in yield. Deficit irrigation reduced fruit water but increased fruit soluble solids (°brix), vitamin C and fruit acid concentrations. Firmness was best when 60% ETc was applied. These results show that deficit irrigation is feasible for crop water management options for the production of high-quality field-grown tomatoes without major yield reductions
Dental therapist job satisfaction and intention to leave: A cross-sectional study
Get PDFDental therapy is a mid-level oral health profession that was introduced to the South African health system more than four decades ago, during the apartheid era. The purpose for the introduction of this profession was to meet the oral health needs of the underserved majority population1,2,3. However, even with the dismantling of apartheid and the creation of a democratic state, disparities in access to basic oral healthcare persist.1 Local studies have reported limited access to oral health services, especially among the disadvantaged and vulnerable population groups where the highest burden of oral diseases has been reported.4,5,
Embracing technology for improving dental records and record keeping in the Republic of South Africa. A review.
Get PDFForensic odontology (FO) techniques are used to identify unknown remains and play an integral role in dental-legal cases. The utility of FO relies on accurate antemortem records – the creation and management of which continues to be a global challenge, albeit more acutely presenting in developing countries. Inadequate record keeping and management by the dental fraternity has made application of FO techniques for identifying unknown remains challenging. In addition, dental-legal cases such as in homicides, rapes, patient mismanagement and fraud are sometimes unresolved due to record keeping and health system shortcomings. This current status quo affects families and society: bereaved families are deprived of closure, and protracted litigations ensue, leading to various socioeconomic consequences
Farmers' Production Practices, Incidence and Management of Pests and Diseases, Extension Services, and Factors Limiting Cotton Production and Quality in South Africa
No full textCotton is one of the essential cash crops; however, several factors, such as low yields and pest and disease infestations, affect the production. In South Africa, cotton production has increased among small-scale farmers since the late 1990s. Although the crop is not new to South African farmers, no recent information reflects the current status of cotton production practices. A study evaluated farmers' production practices, the incidence and management of pests and diseases, extension services, and factors limiting cotton production and quality in South Africa. One hundred and forty farmers, mainly smallholder farmers, were interviewed during the 2017/18 growing season. Most farmers planted genetically modified (GM) cotton on less than 5 ha of cotton, with 96% planting under dryland. Most farmers neither practised conservation agriculture (95%) nor conducted soil analyses (87%). A mean cottonseed yield of 700 kg ha-1 was reported on dryland cotton, and 5 000 kg ha-1 was obtained from irrigated cotton. Most of the farmers (99%) harvested their cotton by handpicking. Farmers' pest knowledge was higher than their knowledge of different diseases. Most participants were unaware of nematodes (88%) or disease-resistant cultivars (74%), while 91% were aware of insect-resistant cultivars. Extension officers only mentored and supported many respondents (82%). Most farmers (93%) relied on pesticides to control cotton pests, and the rest (7%) used biological control. Climatic conditions (98%), labour costs (88%), and insect infestations (42%) were identified as the main constraints in cotton production. Although this study had a limited number of surveyed farmers, it gives some insight into their knowledge and challenges
Smallholder Maize Farmer’s Willingness to Join Index Insurance in Vhembe District: Limpopo Province
No full textOnly a negligible proportion of smallholder farmers in South Africa have crop insurance to mitigate production risks. This article analyses the demand for index-based crop insurance by smallholder farmers in the Vhembe district of Limpopo Province in South Africa based on their willingness to join a proposed insurance product. Questionnaires were used to collect once-off data from smallholder farmers. The contingent valuation method was used to analyse the willingness to buy a crop insurance product. Analysis revealed that 86% of the farmers were willing to purchase index-based crop insurance. Further analysis using the Probit regression model found that age, farm size, and risk management strategies such as government assistance and crop diversification influenced smallholder farmers` willingness to join the proposed crop insurance products. This study has shown that smallholder crop farmers` willingness to join crop insurance is high in the Vhembe district. The study recommends awareness and education concerning crop insurance purchases for smallholder farmers