Academy of Science of South Africa (ASSAf): Open Journal Systems
Not a member yet
8651 research outputs found
Sort by
CLAIMS FOR A STATEMENT AND DEBATEMENT OF ACCOUNT: PRINCIPLES AND PROCESS
No full textWhere a party is owed a sum of money by another party but is unable to quantify the claim because the relevant information and documentation is in the hands of the debtor, the first-mentioned party will in certain circumstances be entitled to demand, and if necessary institute legal proceedings to compel, the alleged debtor to furnish a statement of account, followed by engagement in a debatement of the account. However, creditors have no general right to demand that a debtor either provide a statement of account or engage in a debatement. This article examines the circumstances in which a creditor has such a right and the powers of the court in this regard
A CRITICAL EVALUATION OF WHETHER BENEFITS PROVIDED FOR IN COIDA FALL WITHIN THE AMBIT OF THE CONSTITUTIONAL RIGHT TO ACCESS SOCIAL SECURITY PROTECTED IN SECTION 27(1)(c) OF THE CONSTITUTION
No full textThe right to access social security is a constitutionally entrenched right. Section 27(1)(c) of the Constitution provides that everyone has the right to social security, including, if they are unable to support themselves and their dependants, appropriate social assistance. Apart from the concept of social security being inclusive of social assistance, neither the term “social security” nor the term “social assistance” is defined. Conventionally, social security has been regarded as a broad term comprising two primary pillars, namely social insurance and social assistance. Social insurance takes the form of earnings-based insurance schemes, which provide protection against risks such as unemployment and employment injuries. On the other hand, social assistance is synonymous with social grants, which are non-contributory and are provided by the State to categories of society that are in need. Notwithstanding this conventional understanding of social security, the recent Constitutional Court decision in Mahlangu v Minister of Labour found it necessary to engage with the question of whether compensation payable in terms of the Compensational for Occupational Injuries and Diseases Act (COIDA) fell within the ambit of the constitutional right to access social security. The majority and minority judgments differed in this respect. The majority found that COIDA benefits constituted a form of social security, but that they fell within the ambit of social assistance. The minority contrarily held that such benefits were not encompassed within the constitutional right to access social security. As both the majority and minority deviated from the conventional understanding of the definition of social security, the focus of this article is to evaluate the ambit of the constitutional right to social security, specifically whether it encompasses benefits payable in terms of COIDA. The conclusion reached is that COIDA benefits are encompassed within the constitutional right to access social security, as it constitutes a form of social insurance. Therefore, as highlighted in this article, the legal principles articulated by both the majority and minority were flawed
Justice Delayed but not Denied: The Prosecution of Thomas Kwoyelo for International Crimes in Uganda
No full textThis article investigates the challenges of the application of international law in a domestic setting as depicted in the ongoing trial of Thomas Kwoyelo. Kwoyelo, a former child soldier and commander in the Lord's Resistance Army, is being prosecuted for the commission inter alia of murder, kidnapping with intent to murder, and pillaging, all as war crimes and crimes against humanity under International Humanitarian Law, Customary International Law and the Penal Code Act of Uganda. He is currently standing trial at the International Crimes Division of the High Court of Uganda. This trial is a unique test for the Ugandan judiciary, as it is faced with its first prosecution of an individual charged with crimes under international law. In a bid to apply international law domestically the Court has faced several challenges which have disabled the progress of the trial on many levels, arguably at the expense of the accused and the victims at large. The article primarily seeks to analyse the capability of the court to prosecute Kwoyelo for the commission of international crimes as well as to examine the challenges faced by the Court. The history of the conflict will be examined. This will be followed by an overview of the judicial hurdles faced by the Ugandan State in eventually charging Kwoyelo. The article will then analyse the present challenges faced by the Court. Finally, several recommendations are offered
Land cover change in marginalised landscapes of South Africa (1984–2014): Insights into the influence of socio-economic and political factors
No full textRural landscapes in South Africa experience high conversion rates due to intense land use; however, the changes are site specific and depend on the socio-economic and political history of the area. Land cover change (LCC) was assessed in response to socio-economic and political factors in uThukela Municipal District, KwaZulu-Natal, using Landsat imagery from 1984 to 2014, while making comparisons to other studies in South Africa. Socio-economic/political data were used to gain insights into the observed LCC patterns. Land cover was classified using a random forest classifier, and accuracies ranging from 87% to 92% were achieved. Systematic and intensity analysis methods were used to describe patterns, rates, and transitions of LCC in Imbabazane (ILM) and Okhahlamba (OLM) local municipalities. The results showed a reduced rate of change intensity from 3.4% to 0.9% in ILM and from 3.1% to 1.1% in OLM between 1984 and 2014. Grassland was persistent, covering over 70% in both local municipalities between 1984 and 2014. Although persistent, grassland experienced respective losses of 3.7% and 14.3% in both observation periods in ILM and of 10.2% and 13.3% in OLM. During the analysis period, settlements and cropland gained actively in both local municipalities. The changes represent a degree of population, local authority, and people’s perception as influencers of land use and LCC. It is therefore argued that socio-economic and political changes can potentially influence land use and LCC; however, natural ecosystems can persist under those conditions, and this requires more research efforts.
Significance:
This study contributes towards a growing knowledge and understanding of land cover change studies in marginalised landscapes in South Africa. The findings enforce the notion that natural vegetation systems can be altered by human-induced land use such as expansion of settlement and commercial agricultural. We show that in recent times there has been a decline in the overall rate of land cover conversion, and a high persistence of grassland amid global change, although the quality of the vegetation needs further research. We argue that the changes observed in marginalised landscapes are potentially driven by socio-economic and political dynamics
Studies into the reduction of domestic fuel burning emissions by means of facile catalytic abatement technology
No full textThe negative health and socio-economic impacts of emissions associated with domestic fuel burning are widely recognized. Although there has been much progress in the provision of electricity to households in South Africa, many still rely on solid fuel sources such as wood and coal. While various investigations have been done on reducing household emissions by reducing the use of polluting fuels and improvements in combustion efficiency, comparatively fewer studies have been conducted on the reduction of emissions through emission reduction using abatement technology. Catalytic oxidation could be utilized to oxidize particulate matter precursors such as volatile organic compounds and soot particles to reduce secondary particulate formation. Although catalytic methods have not been effectively utilized in practical domestic applications, studies have shown effective soot reduction during laboratory testing. This study investigated the synthesis and use of a manganese oxide based catalyst to reduce particulate matter from domestic fuel burning stoves. During field testing, the presence of the catalyst increased the mass of particulate matter collected, with Scanning Electron Microscopy (SEM) analysis showing spherical particles in the pores of the catalyst run filters. The baseline runs had very few of these particle clusters. Energy Dispersive X-Ray (EDX) analysis of the catalyst run filters did not detect manganese, revealing that increased particulate concentrations were not as a result of macroscopic particles of the catalyst being dislodged from the support. Dislodgement of very small metal particles from the catalyst could, however serve as nucleation nodes for particle growth which would have a non-metal coating leading to the non-detection of manganese. The increase in particulate matter could also be caused by the impingement of particulate matter precursors on the catalyst followed by particle growth and dislodgement into the flue gas. The testwork showed that an active catalyst can be synthesized onto a mesh catalyst support in a facile and cost effective manner, which can be utilized in domestic fuel burning devices. It is recommended that a range of optimized, potentially active catalysts be tested to improve the oxidation of particulate matter precursors to carbon dioxide
Tropospheric ozone (O3) pollution in Johannesburg, South Africa: Exceedances, diurnal cycles, seasonality, Ox chemistry and O3 production rates
No full textGround-level ozone (O3) is an air pollutant of major health and environmental concern. The Johannesburg-Pretoria megacity in South Africa is the industrial and economical capital of the country with more than 10 million inhabitants experiencing poor air quality. In 2004, the City of Johannesburg (CoJ) began monitoring trace gases to assess ground-level O3 pollution. Here, we use CoJ’s publicly available air quality data, and present the first long-term data analysis of O3, nitric oxide (NO), nitrogen dioxide (NO2), NOx and carbon monoxide (CO) in the City from 2004 to 2011 at three air quality monitoring sites: Buccleuch, Delta Park and Newtown. We quantified CoJ’s South African National Ambient Air Quality Standards (NAAQS) exceedances for O3 and NO2, and demonstrate the City’s substantial O3 and NO2 air pollution problem. O3 mixing ratios peak in the early afternoon as expected due to photochemical production. To estimate O3 production rates, we summed O3 and NO2 diurnal profiles to obtain Ox mixing ratios at each site. This analysis provided insight into missing volatile organic compound (VOC) reactivity as well as primary NO2 emissions information necessary for developing tropospheric O3 pollution mitigation strategies. Furthermore, CoJ experiences high O3 mixing ratios on weekends due to lower NOx traffic emissions titrating the O3, thereby providing evidence of a VOC-limited regime for O3 production. Seasonal peak O3 occurs in the austral spring, a maximum that we link to increases in water (H2O) concentrations which in turn increases radical chemistry leading to O3. In addition, wintertime VOC and aerosol emissions from biomass burning over the winter add important precursors for O3 formation once radical chemistry is initiated during the first rain events in early spring. In all, this study will help inform air quality modelling and policy work on air pollutants in the City of Johannesburg, South Africa.
Dear Managing Editor
No full textDental schools across the world aim to prepare and train dental graduates to be competent and fi t to practice independently. However, educators seem to differ in their objectives and ideals. Globally, offi cial documents on competencies for the new dental graduates were published – The American Dental Education Association (ADEA) approved competencies;1 the Canadian dental programmes adopted a national consensus for competencies in 1994;2 the General Assembly of the Association for Dental Education in Europe approved competencies for the European Dentist;3 and the Dental Council of New Zealand in 2012.