21 research outputs found
The Appellate Division has spoken – Sequestration Proceedings do not Qualify as Proceedings to Enforce a Credit Agreement under The National Credit Act 34 of 2005: Naidoo v ABSA Bank 2010 4 SA 597 (SCA)
No full textThis case note aims to analyse the decision of the Supreme Court of Appeal in Naidoo v ABSA Bank 2010 4 SA 597 (SCA) and to spark some debate as to whether being under debt review in terms of the National Credit Act (NCA) should bar sequestration proceedings in the form of an application for the compulsory sequestration of a consumer’s estate. This decision held that a credit provider does not need to comply with the procedure provided for in section 129(1) of the NCA before instituting sequestration proceedings against a debtor, as such proceedings are not proceedings to enforce a credit agreement. The main issues discussed in this article are whether the court was correct in its interpretation of the relevant provisions of the NCA and whether this decision that allows a creditor to sequestrate a debtor who is attempting to meet his/her obligations under debt review, without informing him/her, is consistent with the principle urging consumers to satisfy all of their financial obligations under the NCA. It is submitted by the author that the court was correct in its interpretation of the relevant provisions of the NCA, but may have overlooked how this decision may impact the principle of satisfaction by the consumer of all of his/her financial obligations. It is suggested by the author that amendments be made to force the creditor to give a section 129 notice to the debtor before seeking sequestration of his/her estate. The author also suggests that once debt restructuring has been granted, credit providers should not be allowed to proceed with sequestration proceedings against the debtor
The Appellate Division has spoken – Sequestration Proceedings do not Qualify as Proceedings to Enforce a Credit Agreement under The National Credit Act 34 of 2005: Naidoo v ABSA Bank 2010 4 SA 597 (SCA)
No full textThis case note aims to analyse the decision of the Supreme Court of Appeal in Naidoo v ABSA Bank 2010 4 SA 597 (SCA) and to spark some debate as to whether being under debt review in terms of the National Credit Act (NCA) should bar sequestration proceedings in the form of an application for the compulsory sequestration of a consumer’s estate. This decision held that a credit provider does not need to comply with the procedure provided for in section 129(1) of the NCA before instituting sequestration proceedings against a debtor, as such proceedings are not proceedings to enforce a credit agreement. The main issues discussed in this article are whether the court was correct in its interpretation of the relevant provisions of the NCA and whether this decision that allows a creditor to sequestrate a debtor who is attempting to meet his/her obligations under debt review, without informing him/her, is consistent with the principle urging consumers to satisfy all of their financial obligations under the NCA. It is submitted by the author that the court was correct in its interpretation of the relevant provisions of the NCA, but may have overlooked how this decision may impact the principle of satisfaction by the consumer of all of his/her financial obligations. It is suggested by the author that amendments be made to force the creditor to give a section 129 notice to the debtor before seeking sequestration of his/her estate. The author also suggests that once debt restructuring has been granted, credit providers should not be allowed to proceed with sequestration proceedings against the debtor.
The Appellate Division has spoken - Sequestration Proceedings do not Qualify as Proceedings to Enforce a Credit Agreement under The <i>National Credit Act</i> 34 of 2005: <i>Naidoo v ABSA Bank</i> 2010 4 SA 597 (SCA)
No full textThe appellate division has spoken - sequestration proceedings do not qualify as proceedings to enforce a credit agreement under the National Credit A ct 34 of 2005 : Naidoo v ABSA Bank 2010 4 SA 597
No full textThis case note aims to analyse the decision of the Supreme Court of Appeal in Naidoo v ABSA Bank 2010 4 SA 597 (SCA) and to spark some debate as to whether being under debt review in terms of the National Credit Act (NCA) should bar sequestration proceedings in the form of an application for the compulsory sequestration of a consumer's estate. This decision held that a credit provider does not need to comply with the procedure provided for in section 129(1) of the NCA before instituting sequestration proceedings against a debtor, as such proceedings are not proceedings to enforce a credit agreement. The main issues discussed in this article are whether the court was correct in its interpretation of the relevant provisions of the NCA and whether this decision that allows a creditor to sequestrate a debtor who is attempting to meet his / her obligations under debt review, without informing him / her, is consistent with the principle urging consumers to satisfy all of their financial obligations under the NCA.
It is submitted by the author that the court was correct in its interpretation of the relevant provisions of the NCA, but may have overlooked how this decision may impact the principle of satisfaction by the consumer of all of his / her financial obligations. It is suggested by the author that amendments be made to force the creditor to give a section 129 notice to the debtor before seeking sequestration of his / her estate. The author also suggests that once debt restructuring has been granted, credit providers should not be allowed to proceed with sequestration proceedings against the debtor.http://www.puk.ac.za/fakulteite/regte/per/index.htm
Soil nitrogen dynamics and relationships with maize yields in a gliricidia–maize intercrop in Malawi
No full textMany soils of southern Africa are severely N deficient, but inorganic fertilizers are unaffordable for most sub-
sistence farmers. Rotations and intercrops of legumes with crops may alleviate N deficiency through biological N 2
fixation and redistribution of subsoil N to the surface. We monitored soil inorganic N dynamics for two seasons in a
gliricidia [Gliricidia sepium (Jacq.) Walp.] – maize (Zea mays L.) intercrop in the unimodal rainfall area of southern
Malawi. One maize crop per year was grown with or without interplanted gliricidia, in factorial combination with
three rates of N (0, 24 or 48 kg N ha −1 ). Application of gliricidia prunings increased (p < 0.001) topsoil (0 to
20 cm) inorganic N at the end of the dry season and during the early rains. Differences between plus and minus
gliricidia treatments were less when total inorganic N to 1-m depth was summed. A greater proportion of the
total inorganic N to 1-m depth occurred in the topsoil (0 to 20 cm) when gliricidia was present, suggesting that
redistribution of subsoil N to the surface accounted for part of the N increase by gliricidia. Gliricidia lowered (p <
0.05) subsoil water content during drier periods. Gliricidia plots accumulated more (p < 0.01) ammonium-N during
the dry season. Nitrate-N remained constant during the dry season but rose rapidly in gliricidia plots after the onset
of rains. A 2-factor model including preseason inorganic N and anaerobic N mineralization potential accounted for
84% of the variability in maize yields for the two seasons’ data combined. The combination of preseason inorganic
N and potential N mineralization appears to provide a good estimate of N supply to maize in systems receiving
both organic and inorganic sources of N
Prevalence and Determinants of Obesity among Primary School Children in Dar es Salaam, Tanzania.
No full textChildhood obesity has increased dramatically and has become a public health concern worldwide. Childhood obesity is likely to persist through adulthood and may lead to early onset of NCDs. However, there is paucity of data on obesity among primary school children in Tanzania. This study assessed the prevalence and determinants of obesity among primary school children in Dar es Salaam. A cross sectional study was conducted among school age children in randomly selected schools in Dar es Salaam. Anthropometric and blood pressure measurements were taken using standard procedures. Body Mass Index (BMI) was calculated as weight in kilograms divided by the square of height in meters (kg/m2). Child obesity was defined as BMI at or above 95th percentile for age and sex. Socio-demographic characteristics of children were determined using a structured questionnaire. Logistic regression was used to determine association between independent variables with obesity among primary school children in Dar es Salaam. A total of 446 children were included in the analysis. The mean age of the participants was 11.1±2.0 years and 53.1% were girls. The mean BMI, SBP and DBP were 16.6±4.0 kg/m2, 103.9±10.3mmHg and 65.6±8.2mmHg respectively. The overall prevalence of child obesity was 5.2% and was higher among girls (6.3%) compared to boys (3.8%). Obese children had significantly higher mean values for age (p=0.042), systolic and diastolic blood pressures (all p<0.001). Most obese children were from households with fewer children (p=0.019) and residing in urban areas (p=0.002). Controlling for other variables, age above 10 years (AOR=3.3, 95% CI=1.5-7.2), female sex (AOR=2.6, 95% CI=1.4-4.9), urban residence (AOR=2.5, 95% CI=1.2-5.3) and having money to spend at school (AOR=2.6, 95% CI=1.4-4.8) were significantly associated with child obesity. The prevalence of childhood obesity in this population was found to be low. However, children from urban schools and girls were proportionately more obese compared to their counterparts. Primary preventive measures for childhood obesity should start early in childhood and address socioeconomic factors of parents contributing to childhood obesity
Soil nitrogen dynamics and relationships with maize yields in a gliricidia–maize intercrop in Malawi
No full textMany soils of southern Africa are severely N deficient, but inorganic fertilizers are unaffordable for most sub-
sistence farmers. Rotations and intercrops of legumes with crops may alleviate N deficiency through biological N 2
fixation and redistribution of subsoil N to the surface. We monitored soil inorganic N dynamics for two seasons in a
gliricidia [Gliricidia sepium (Jacq.) Walp.] – maize (Zea mays L.) intercrop in the unimodal rainfall area of southern
Malawi. One maize crop per year was grown with or without interplanted gliricidia, in factorial combination with
three rates of N (0, 24 or 48 kg N ha −1 ). Application of gliricidia prunings increased (p < 0.001) topsoil (0 to
20 cm) inorganic N at the end of the dry season and during the early rains. Differences between plus and minus
gliricidia treatments were less when total inorganic N to 1-m depth was summed. A greater proportion of the
total inorganic N to 1-m depth occurred in the topsoil (0 to 20 cm) when gliricidia was present, suggesting that
redistribution of subsoil N to the surface accounted for part of the N increase by gliricidia. Gliricidia lowered (p <
0.05) subsoil water content during drier periods. Gliricidia plots accumulated more (p < 0.01) ammonium-N during
the dry season. Nitrate-N remained constant during the dry season but rose rapidly in gliricidia plots after the onset
of rains. A 2-factor model including preseason inorganic N and anaerobic N mineralization potential accounted for
84% of the variability in maize yields for the two seasons’ data combined. The combination of preseason inorganic
N and potential N mineralization appears to provide a good estimate of N supply to maize in systems receiving
both organic and inorganic sources of N
Dry-season sesbania fallows and their influence on nitrogen availability and maize yields in Malawi
No full textNitrogen deficiency is widespread in southern Africa, but inorganic fertilizers are often unaffordable for
smallholder farmers. Short-duration leguminous fallows are one possible means of soil fertility restora-
tion. We monitored preseason topsoil (0 to 20 cm) ammonium and nitrate, fallow biomass production
and grain yields for three years in a relay cropping trial with sesbania [Sesbania sesban (L.) Merr.] and
maize (Zea mays L.). Sesbania seedlings were interplanted with maize during maize sowing at 0, 7400
or 14,800 trees ha –1 , in factorial combination with inorganic N fertilizer at 0 or 48 kg N ha –1 (half the
recommended rate). After maize harvest, fallows were allowed to grow during the seven-month dry season,
and were cleared before sowing the next maize crop. Both sesbania fallows and inorganic N fertilizer
resulted in significantly greater (P < 0.01 to 0.05) preseason topsoil nitrate-N than following unfertilized
sole maize. In plots receiving no fertilizer N, preseason topsoil inorganic N correlated with maize yield
over all three seasons (r 2 = 0.62, P < 0.001). Sesbania fallows gave significantly higher maize yields
than unfertilized sole maize in two of three years (P < 0.01 to 0.05). Sesbania biomass yields were
extremely variable, were not significantly related to sesbania planting density, and were inconsistently
related to soil N fractions and maize yields. Short-duration fallows may offer modest yield increases under
conditions where longer duration fallows are not possible. This gain must be considered against the loss
of pigeonpea (Cajanus cajan L. Millsp) harvest in the similarly structured maize-pigeonpea intercrop
common in the region
Dry-season sesbania fallows and their influence on nitrogen availability and maize yields in Malawi
No full textNitrogen deficiency is widespread in southern Africa, but inorganic fertilizers are often unaffordable for
smallholder farmers. Short-duration leguminous fallows are one possible means of soil fertility restora-
tion. We monitored preseason topsoil (0 to 20 cm) ammonium and nitrate, fallow biomass production
and grain yields for three years in a relay cropping trial with sesbania [Sesbania sesban (L.) Merr.] and
maize (Zea mays L.). Sesbania seedlings were interplanted with maize during maize sowing at 0, 7400
or 14,800 trees ha –1 , in factorial combination with inorganic N fertilizer at 0 or 48 kg N ha –1 (half the
recommended rate). After maize harvest, fallows were allowed to grow during the seven-month dry season,
and were cleared before sowing the next maize crop. Both sesbania fallows and inorganic N fertilizer
resulted in significantly greater (P < 0.01 to 0.05) preseason topsoil nitrate-N than following unfertilized
sole maize. In plots receiving no fertilizer N, preseason topsoil inorganic N correlated with maize yield
over all three seasons (r 2 = 0.62, P < 0.001). Sesbania fallows gave significantly higher maize yields
than unfertilized sole maize in two of three years (P < 0.01 to 0.05). Sesbania biomass yields were
extremely variable, were not significantly related to sesbania planting density, and were inconsistently
related to soil N fractions and maize yields. Short-duration fallows may offer modest yield increases under
conditions where longer duration fallows are not possible. This gain must be considered against the loss
of pigeonpea (Cajanus cajan L. Millsp) harvest in the similarly structured maize-pigeonpea intercrop
common in the region
An application for debt review does not constitute an act of insolvency: First Rand Bank Ltd v Janse Van Rensburg
No full textThe Insolvency Act 24 of 1936 ('the Insolvency Act') and the National Credit Act 34 of 2005 ('the NCA') both regulate, amongst other things, matters concerning debtors who are unable to pay their debts. Due to this overlap, there is an ever present danger that tensions may arise in the application of the two Acts in any given case. In the past few years the courts have had to resolve disputes touching on the inter-relationship between the two Acts in the context of sequestration and debt review (see the case of Investec Bank Ltd v Mutemeri 2010 (1) SA 265 (GSJ) as well as Ex Parte Ford 2009 (3) SA 376 (WCC); see also A Boraine & C van Heerden 'To sequestrate or not to sequestrate in view of the National Credit Act: a tale of two judgments' (2010) 13(3) PELJ 19; N Maghembe 'The Appellate Division has spoken - sequestration proceedings do not qualify as proceedings to enforce a credit agreement under the National Credit Act 34 of 2005: Naidoo v ABSA Bank 2010 (4) SA 597' (2011) 14(2) PELJ 171). The High Court's decision in the case of First Rand Bank Limited v Janse van Rensburg [2012] 2 All SA 186 (ECP) is one of the latest judgments in this respect. The court had to resolve the question whether an application by a debtor to be placed under debt review in terms of s 86 of the NCA constitutes an act of insolvency in terms of s 8(g) of the Insolvency Act. The judgment is significant because it clarifies an important aspect of the inter-play between the NCA and the Insolvency Act.http://www.jutalaw.co.za/catalogue/itemdisplay.jsp?item_id=3601am201
