bluuebunny/crossref_metadata_2025 huggingface dataset:
Effect of a sports recreation programme to reduce the psychological pressure of prisoners of the Iraqi rehabilitation Department for ages (25-30) Year
Authors: Maher Mohammed,  Hussein Alaa, Mohannad Nassif Hilmi
Published: April 2024

aim of research: 1. Design a proposed sports recreation programme suited to the category of prisoners.2 .identify the efficacy of the proposed recreational programme in alleviating the psychological pressure of the prisoners of the Iraqi reform Department; The researcher used the experimental approach because it fits with the nature of the search problem and the design of the trial group and the security group (the experimental approach is that of a method that focuses on experience and field testing, guided and informed by means of observation. The research community is composed of Iraqi prisoners and the age of 25-30 years, who are sentenced to short sentences, including robbery, bribery, forgery and other cases, except murder and terrorism. They are in the sixth (100) prisoners ' prison in the Rusafa/Baghdad section, as shown in table 1 by statistical and the survey conducted by the researcher and the information obtained from the Directorate of the Sixth Monitoring prison, dated 15/12/2016, so the search community was chosen in the intentional way of Ages (25-30) years There are 100 inmates, who are prisoners of the Iraqi Reform department — Baghdad, the Sixth monitoring section. The researcher adopted the Random Search sample (lottery), representing the age group (25 – 30) years of the research community and represented 20 inmates they were divided into two groups of officers and tested by the method of polling, with 10 prisoners per group and the equivalent of the two groups.The researcher presented the statistics with tables and was discussed scientifically and supported by scientific sources.Conclusions and recommendations: through the results of the research, the following can be deduced: 1. The study found that there are statistically significant differences in the telemetry between the pilot group and the group in the psychological pressure of the pilot group.2. The study found that there are statistically significant differences in the experimental group between tribal measurement and dimensional measurement in psychological pressure, in favour of telemetry.3. The study found that there are no statistically significant differences in the psychological pressure of the group in the tribal and physical measurement.4. There is a positive tendency for inmates to engage in recreational sporting activity.5. The Sports recreation programme has a positive impact in alleviating the psychological stress of 0inmates.The recommendations were: in the light of the findings of the researcher, it is recommended that: 1. Use the proposed recreational programme in all special prisons for the research sample. 2. The researcher recommends that sports fields should be provided in all sections of the Iraqi Correctional Service.3. Increased attention to and development of recreational programmes.Words key-recreation-program -psychological pressure.
Effect aqua means in educational development skill mailing tennis ground for beginners (6-10) years
Authors: Mona Abdel Sattar Hashem, Ali Abdul Salam Wahib
Published: April 2024

Aim of Research: 1-prepare aqua means educational development skill mailing tennis game ground for players schools care talent with ages (10)-12 years. 2-identify effect exercise by educational means to develop skill mailing tennis game ground for players schools care talent with ages (10)-12 years. That nature of the problem and goals search two determine who methodology search Appropriate so chose researcher curriculum demo in line with the nature of the problem concerning search. and represent society search players national centre for care talent sports tennis ground s ministry of youth and sports for year (2017-2016) were selected players centre tennis ground to make search them by road Baptized because availability requirements search all of playground and kits and players, reached number (12) player aged (10)-12 years, was divided group formed to experimental (7) players, chosen (3) players to experience reconnaissance, were excluded for two players who if available including conditions appropriate line started learning have (who own advanced skills).And concluded researcher: 1-that to exercise innovative by means of educational has developed level performance press for skill transmitter. 2-that means educational has affected by a positive image on learning skills upgrading performance press for skill transmitter for Jerusalem tennis game ground aged (10)-12 years. were recommendations: 1-use means educational modern education beginners in tennis game ground. 2-innovation and diversify exercises used in educational units for its importance improve and develop skills have players beginners. 3-interest in small ages for its importance in future composition kernel national teams for posterity.
The effect of using Albulaaometruc exercises to develop muscle power of the arms and legs and achievement for the 50-meter freestyle swimmers
Authors: Ahmed M. Farhan, Rayad mazher
Published: April 2024

Abstract The aim of sports training is to prepare the individual athlete to get him to the highest level of his abilities and aptitudes in the kind of activity that specializes in it and who exercised his own free will. And sports training depends on the subjugation of the individual athlete to the types of physical and psychological different pressures that lead in the end to be adapted to the individual with them make it able to meet the challenges during training and competitions in order to achieve the desired goal and reach According to the high level of scientific foundations of modern sports training and advanced training concepts to achieve the feat during the competitions and sports tournaments.The importance of research in identifying the effect of training in the development of ballistic muscle strength of the arms and legs and its impact on the achievement of the 50-meter freestyle swimmers.After presenting and analyzing the results and discussion of the most significant conclusions is that the ballistic exercises a positive influence in the development of muscle strength of the arms and legs and achievement of the 50-meter freestyle swimmers.Among the recommendations interest in the use of ballistic exercises in the sport of swimming and conducting similar research on age groups, events and other methods of swimming.
Kinetic balance and some physical qualities and their relationship to the performance of the skill of short-range defensive moves handball in Karbala sports club players
Authors: Abdelnaser Merza Hamza
Published: April 2024

The aim of the research is to identify the type of relationship between the kinetic balance and the physical characteristics of the research sample of Karbala players in handball, as well as the type of relationship between the physical qualities and the performance of the skill of the short-range defensive moves in handball.The researcher used the descriptive method in the style of associative relationships and conducted a research on a sample of (9) young players in Karbala Sports Club. The researcher used a number of physical tests and testing of motor equilibrium and skill testing. After the tests were implemented, Hypotheses developed by the researcher, the researcher concluded the following conclusions:- There is a significant relationship between the speed of the transition and the balance of motor.- There is no significant relationship between the fitness and explosive force of the two men and the balance of motor- There is no significant relationship between the physical characteristics studied and the accuracy of the correction of the jump.
Effect of exercises by means of aids in learning some of the complex skills of basketball for first stage students
Authors: Mohammed Saleh, Sabah Nouri Hafez, ayea Haitham Khazal
Published: April 2024

That nature of the problem and goals imposed on researcher use curriculum demo, being features ability to control and exactly in various factors in entering search, groups experimental and control so be and in all except variable demo which affects group experimental for shows difference between groups. were identified society of search and with students first stage in college physical education and science sport--university Mustansriya for year (2016-2017) and adult greatly (33) freshman and proportion (100%) as chosen society search way Deliberately. and concluded researchers little most important: 1-that to exercise used means educational has helped offer level performance press for students to skills group experimental among test tribal after. 2-method that followed by teacher in teaching students latest difference in offer performance press for students to control group among test tribal after. 3-that means to help educational used has affected by a positive image in education performance press group experimental compared to group control. recommended researcher including most important recommendations: 1-use means educational modern in teaching skills basketball for students college physical education and science sport for early stages. 2-diversify exercises used in lessons process for its importance in education and improve skills have students. -3enter means educational as element music-thrill-vision essential in curriculum for educational purpose benefit them in teaching students in general
A Comparison of Practical Exam Anxiety between the Students of the College of Physical Education and Sport Science and the Students of the College of Basic Education – Department of Physical Education in Diyala University
Authors: Udei Abdul Hussein Kareem,  Nazar Ali Jabbar
Published: April 2024

AbstractPhysical education is an integrated approach that focuses on all the physical, mental, social, and emotional aspects of individual's development through different physical activities. Thus, the meaning of physical or sport education is far more deeper than games or physical exercises. As practical exams approach, the students live in a state of anxiety and confusion which leads to a period of nervousness, losing focus, low self-esteem, fear of losing and not achieving desirable result. Anxiety of not performing the required skill is a case that affects most of the students, yet with different degrees. The present study aims at investigating the level of variation in anxiety before practical exams between some male and female students from College of Physical Education and Sport Science and College of Basic Education- Department of Physical Education in Diyala University. The researchers used descriptive methodology as it fits the nature and problem of the study. The sample of the study consisted of 60 male and female students from both colleges. The researchers found that the male students of the second year did not get positive results in practical exam anxiety test while the female students of the same year got positive results of the same test. It was recommended to pay attention to the psychological aspect during conducting practical exams and the need to conduct other studies on other psychological scales.
Building a measure of the administrative obstacles facing the trainers of the Department of Student Activities at Al-Mustansiriya University from the point of view of its employees
Authors: Nour Jassem  , Zainab Hassan Falih
Published: April 2024

The research aims to build a measure of the administrative obstacles facing the Department of Student Activities at Al-Mustansiriya University. The researcher adopted the descriptive approach because it is compatible with the research problem and its objectives. The researcher chose the research community through an intentional method. The research sample represents the trainers of the Student Activities Division, numbering 25 trainers. To achieve the aim of the research, means must be available to measure the administrative obstacles facing the Department of Student Activities at Al-Mustansiriya University Therefore, the scientific foundations of the scale were extracted.

The measure of administrative obstacles facing the Department of Student Activities at Al-Mustansiriya University consisted of 38 items distributed over four fields, and after verifying the validity and stability of the measure, the researcher applied it in the final form with its paragraphs on his research sample using statistical methods, using the statistical analysis program (SPSS). Finally, the researcher reached the following conclusions:

1.1: It was achieved to build a measure to identify the administrative obstacles facing the trainers of the Department of Student Activities at Al-Mustansiriya University from the point of view of its employees.

2–4 fields were extracted to measure the administrative obstacles facing the trainers of the Department of Student Activities at Al-Mustansiriya University from the point of view of its employees, based on the statistical results as follows:

The scale consists of 40 items, as follows:

The first area was called Financial Obstacles and contained ten paragraphs.

The second area was called Legal Obstacles and contained eight paragraphs.

The third area was called (Technical Obstacles) and contained eight paragraphs.

The fourth field was called (psychological obstacles) and contained 10 paragraphs.
The effect of special exercises on developing some visual abilities and the most important basic skills in youth football
Authors: Haider Hussein Saleh
Published: April 2024

The problem is determined by the fact that there is a discrepancy in the level of visual abilities between players, which resulted in many errors in skills during changing situations in the match. The researcher was not satisfied with the observation and resorted to using testing and measurement on a reconnaissance sample outside the main sample. The results showed weakness in some visual abilities and the most important basic skills for football. For young people, so the researcher wanted to conduct this study. The research aims to prepare special exercises to develop some visual abilities and the most important basic skills in football. The experimental method was used with two control and experimental groups, and the sample was chosen randomly. The most important conclusions are that special exercises have a positive effect in developing some visual abilities and skills. The basics for youth football. As for the recommendations, it is necessary to pay attention to activating the role of visual exercises in developing football skills in general.
The contribution of some kinematic manifestations of the strength characteristic of speed to improve the technical performance of some handball skills of young players
Authors: Sakinah Abdul Razzaq Taresh
Published: April 2024

The research aimed to identify the values of some kinematic manifestations (kinetic transfer between body parts, and kinetic flow in terms of the change in momentum of the force characteristic of speed) and the values of performance skills (delivery and receipt, movement towards the ball line, and defensive movements front side back) for young handball players, and to identify the relationship and contribution of each of the kinetic transport between parts of the body and the kinetic flow in terms of the change in momentum of the force characteristic of speed by performing each of the skills (delivery and receipt, movement towards the ball line, and defensive movements Front side back) for young handball players, and the descriptive approach was adopted in the style of correlation relations on the research sample (20) players by (76.923%) deliberately selected from their original community The community represented by the handball players in the two clubs (Army and Police) in Baghdad participating in the sports season competitions (2023-2024), numbering (26) players, Tests were conducted to photograph the technical performance of each player and presented it to three evaluators, and from this same imaging, measurements of momentum transfer between parts of the body, and kinetic flow were taken by the kinetic analysis program (Dart fish-Team Pro 5_full version), in synchronization with the main section with each of the three skills, as the survey continued over two consecutive days corresponding to the date (15-16/12/2023), and the researcher verified the processing of the extracted data using the (SPSS) system to be the conclusions and applications that the kinetic transfer Between the parts of the body of the force characteristic of speed is associated with and contributes to improving the technical performance of each of the skills (delivery and receipt, moving towards the ball line, and defensive movements front side back) and affects them directly, The kinetic flow in terms of the change in momentum of the force characteristic of speed is related to and contributes to improving the technical performance of each of the skills (delivery and receipt, movement towards the ball line, and defensive movements front side back), and it is necessary to pay attention to the planning and application of training curricula that take into account the integration of harmonization in the positive impact of the relationship and the contribution of kinetic transport between parts of the body, and kinetic flow in terms of the change in momentum of the force characterized by speed by performing each of the skills (delivery and receipt, movement towards the ball line, and defensive movements). front side back) for young handball players.
The effect of exercises accompanying some recovery methods on some of the physical abilities of young volleyball players
Authors: Mona Hamid Jassim
Published: April 2024

The study aimed to identify the effect of exercises accompanied by therapeutic methods on players injured in the ankle joint of volleyball players, and the speed of their recovery, as most therapeutic methods take a long time during the treatment period, which negatively affects the players’ results. The researcher used the experimental approach in treating Research problems، As for the research community, the research community was identified with injured young players of Baghdad clubs participating in the Iraqi volleyball league for the 2022-2023 sports season who suffer from a minor sports injury to the players, according to the statements of the Sports Medicine Department, in addition to the diagnosis by a specialist doctor, which is numbered(12) players, and the research sample was chosen from them by (8) players, with a percentage of (66.66%) from the total research community. After the researcher completed the field research procedures using the scientific method of writing research, and after processing the obtained data statistically, she concluded several conclusions, including:

- The exercises associated with recovery methods had an effective role in improving the speed of recovery

- The exercises accompanying recovery methods played a major role in developing the strength of motor abilities.

According to these conclusions, the researcher made several recommendations, including:

- Paying attention to exercises that accompany the recovery methods for the body’s active muscles, as they have an effective role in improving the speed of recovery.

-It is recommended to perform various exercises to prepare the body for rest, in order to avoid fatigue and stress. Relaxation and meditation exercises can be included to help restore calm and relaxation after strenuous training.
Psychological endurance and its relation to the performance of high jump efficiency In the arena and field activities
Authors: Naseema Abbas Saleh
Published: April 2024

The research aimed to identify the psychological endurance among students of the first stage - College of Basic Education - Department of Physical Education and Sports Sciences - University of Diyala, as well as to identify the differences in the phenomenon of psychological endurance and its relationship to the performance of the high jump event in arena and field events. The researcher used the descriptive approach in general The research reached (70) male and female students from the first stage - College of Basic Education - Department of Physical Education and Sports Sciences - University of Diyala, for the academic year 2023-2024, As for the research sample, it was randomly selected by lottery from the research community, which numbered (63) male and female students, and represents (90%) of the research community. At the conclusion of the study, the researcher concluded that there was a difference between the sexes to a high degree and in favor of males. The reason is that female students suffer from poor performance tolerance, which affects their psychological state. The study came out with a number of recommendations.
The effect of special exercises according to the biomechanical indicators in improving the explosive power and rotational movements of gymnasts and juniors on the horse handles
Authors: Ja'far Jabbar Ali
Published: April 2024

The horse device with handles for men is one of the most difficult devices for players, which requires special skill and strength, specifically in rotation movements, that strength exercises, especially according to biomechanical indicators, are part of studies that focus on analyzing movement under specific mechanical conditions, which contributes to understanding the internal and external forces affecting the movement and its conditions, and the importance of research in organizing training lies in the selection of certain exercises for specific periods of time, while ensuring the achievement of the objectives of the exercise. As for the problem of the research, there is a gap between the performance of our local players compared to the world champions did not live up to the level of ambition, especially in the device of the horse handles, which requires an ideal balance between strength and skill and accurate biomechanical control in the movements of the body, so he worked on the use of strength exercises, especially according to the biomechanical indicators in improving explosive power and weighted movements and used the experimental approach in the manner of two equal groups on a sample of players (5) players and conduct the tribal test and use strength exercises, especially according to the indicators Biomechanical The application of special exercises took eight weeks, at a rate of (2) training units per week .
Mental health and its relationship to psychological adjustment and cognitive achievement for second-year female students in rhythmic gymnastics
Authors: Shaima Abdel Matar
Published: April 2024

The research aimed to identify the level of mental health, psychological adjustment, and cognitive achievement for second-stage female students. As well as to identify the relationship of mental health with psychological adjustment and cognitive achievement in rhythmic gymnastics for second-stage female students in the College of Physical Education and Sports Sciences. The research sample consisted of (20) female students from the second stage. The study relied on a measure of mental health and psychological adjustment, as well as cognitive achievement. The data was processed statistically using th arithmetic mean and the Pearson correlation coefficient .the results showed that there is a significant correlation to mental health and psychological adjustment among the study sample. There is significant correlation in mental health and the level of cognitive achievement for female students in the second stage in rhythmic gymnastics
Massive amounts of training (TABATA) in developing the body's physical fitness and endurance of the footwork Second degree in Babylon Governorate
Authors: Saddam Fakhri Berto, Hossam Kazem Jawad
Published: April 2024

The development that has happened  at  football l due to  the development of   science of training  and its connection with other sciences ,which established  greatly in the development of the training theories in terms of setting and making the plans and the training programs and making the  solution for the (psychological and physical) problems and here lies the importance of looking for knowing the development that takes place on the cardio and respiratory   fitness and enduring the action ,and through that the arrangement of ,the training loads are done in trainings  so as to get the best adaptation of the members of the sample in some physical changes and enduring the physical activity through their  leading football match referees ,a sudden drop happens in the  physical activity especially in the last one third of time of the match ,which leads to early and the lack of focus in making decisions and the reduction of the physical  performace  like as running and taking the suitable situations that help making the right decisions.                  ,

   The researchers hypothesized that:

-There's a positive impact of (TABATA) preparing in creating the cardiorespiratory wellness and physical continuance of second-class football arbitrators in Babil Governorate.

-There's an advantage for the exploratory bunch over the control bunch in terms of cardiorespiratory wellness and physical perseverance within the coordinate for football officials.   

    The researchers utilized the exploratory strategy for its reasonableness and the nature of the inquire about, and taken after the plan of two bunches (exploratory and control) with pre- and post-tests. As for the investigate populace, it comprised of (25) second-class football officials for the season (2023-2024). 3 officials were prohibited as the test number come to (22) officials were separated into two bunches, and each gather had (11) arbitrators. The works out were connected for a period of (6) weeks within the uncommon arrangement stage to create cardio wellness and continuance of refereeing execution
Are We Alone? One Question, One Scientist, Two Harvard Initiatives
Authors: Sosa Andres
Published: April 2024

In the vast expanse of the universe, humanity has long pondered one fundamental question: are we alone? Historically, the search for extraterrestrial life has focused on the passive detection of electromagnetic signals from distant starts. However, Professor Abraham “Avi” Loeb, leader of Harvard’s Galileo Project, has taken a more proactive approach: searching for physical objects associated with extraterrestrial technologies. Professor Avi Loeb is the Frank B. Baird Jr. Professor of Science and former Chair of the Department of Astronomy. THURJ Original Content Writer Andrés Muedano recently had the opportunity to meet with him to discuss his work and motivations.
Qualitative Histopathological Analysis of Bleomycin-Induced Lung Injury
Authors: Gao Emily
Published: April 2024

Recent evidence has suggested that the accumulation of cholesterol-laden “fatty macrophages” in the lung may play a key role in the presentation of ALI 1, a condition that affects nearly 200,000 people per year in the United States. Studying the pathways of these cells suggests that preventing the formation and build-up of these macrophages could prevent many of the characteristic symptoms of acute lung injury. Specifically, this experiment aims to explore the effect that ACAT1 inhibition by K604 has on fatty macrophage formation and outcomes of ALI. To test this, different groups of mice were administered either PBS (as control), ITB (intratracheal bleomycin), PBS + K604, or ITB + K604. After the mice were sacrificed, the left lung lobes were extracted, inflated, embedded, and sectioned for microscopic scanning and analysis with the ImageJ software. The lung tissue was characterized using 3 unbiased parameters: alveolar wall thickness (µm), cell infiltration (number of nuclei), and percent white space. Simultaneously, a cholesterol assay was performed using cells extracted from mouse bronchoalveolar lavage (BAL). The results show that K604 was successful at preventing ITB-induced increases in cell infiltration, consolidation, and alveolar thickening as well as lipid accumulation in macrophages by limiting the formation of cholesterol esters through ACAT1 inhibition. In this respect, this experiment shows that K604 might be a viable pharmaceutical target in the treatment of ALI.
Climate Change, Pandemics, and the Quest for Environmental and Social Justice
Authors: Sundar Saketh
Published: April 2024

Heat waves, wildfires, and unprecedented hurricanes. Never more than in the past year has our world grappled with the unprecedented challenges induced by the modern climate crisis. The extensive consequences of a progressively warming planet have not only affected our economies and ecosystems but have also profoundly impacted individual and global health. Climate change, as an increasingly imminent threat, has triggered a se- ries of interconnected health concerns that are becom- ing ever more challenging to address as the crisis con- tinues. These issues of global health require expedient action to minimize the risks of disease, disability, and death caused by our changing world.
Economic Assimilation of Asian American Immigrants by Nationality: Aging and Cohort Effects, and the Model Minority Myth
Authors: Wang Shang
Published: April 2024

This paper examines the income profiles of Asian American immigrants from six major Asian countries of origin, disaggregated, relative to U.S. natives between 1970 and 2020. We observe more recent cohorts to experience either higher or similar levels of relative entry wages compared to older cohorts for all six Asian countries. Further, while the “model minority” stereotype often suggests that Asians collectively work tirelessly to achieve success, leading to smoother economic assimilation into American society compared to immigrants from other backgrounds, our findings challenge this notion. We discover that economic assimilation among immigrants from these six Asian countries of origin follows distinct patterns, and there is no overarching narrative that supports the idea of a collective “model minority” among them.
The Sins of Memory in the Digital Age: An Interview with Professor Daniel Schacter
Authors: Tobel Theo
Published: April 2024

As heat waves scorch, wildfires rage, and unprecedented hurricanes strike, our planet is sounding a desperate alarm. Never more than in the past year has our world grappled with the unprecedented challenges induced by the modern climate crisis. The extensive consequences of a progressively warming planet have not only affected our economies and ecosystems but have also profoundly impacted individual and global health. Climate change, as an increasingly imminent threat, has triggered a series of interconnected health concerns that are becoming more challenging to address as the crisis continues. These issues of global health require expedient action to minimize the risks of disease, disability, and death caused by our changing world.
Financial expenditure, financial friction, and coal consumption for energy efficient environment: Role of financial inclusion
Authors: Iqbal Nadeem , Akmal Zeeshan
Published: April 2024

This research investigates the crucial role that adaptability and ongoing evaluation have in implementing sustainable energy and economic development strategies in China. It emphasises the need for collaboration between enterprises, governmental organisations, and academic institutions in order to achieve these goals. The study also discusses how financial inclusion impacts economic growth and stability and how energy-intensive companies might use the Logarithmic Mean Divisia Index (LMDI) approach to evaluate energy decomposition. The findings indicate that different provinces in China’s high energy-intensive (EI) economic sectors have different degrees of energy efficiency, with certain regions possibly having inefficiencies. The research underscores the need for targeted strategies to address these inefficiencies and disseminate efficacious approaches in new settings. The research also offers useful data that may be used to promote sustainable energy consumption and economic growth, with implications for policy-making and strategic initiatives. In summary, this paper presents specific policy recommendations and highlights the need for ongoing evaluation and collaboration to support China’s sustainable energy initiatives and economic growth.
The Political Economy of Land Ownership Rights: Lessons from Nigeria, South Africa and Zimbabwe
Authors: Ajala Taiwo
Published: April 2024

The nature of land ownership rights in pre‐colonial African countries implies a myriad of customary land holding systems under which families and communities had collective ownership and equitable access to land use. However, colonialism disrupted the customary systems, confined land ownership rights to privileged minority groups, and established dualistic agrarian systems that discriminated against local populations and impoverished their livelihoods. Since the dawn of post-colonialism, there has been an assortment of policies and laws to either redefine or re-assign land ownership rights in African countries with histories of colonial emasculation of pre‐existing land rights and expropriation of native lands. However, there is yet to be a fundamental reform of land ownership rights that clearly shifts access to land use in favour of the poor majority. The legacy of colonialism persists and has been perpetuated in post-colonial land laws and policies, and are further entrenched by contemporary economic ideologies of market capitalism and neo-liberal globalisation. This article examines an aspect of the land question in Africa; how to adequately achieve equity in access to land while resolving colonial legacies which suppressed indigenous land ownership rights, displaced communal land administration structures and marginalised the poor majority in access to land. This article recommends a new policy approach that is driven mainly by the broad imperatives of ensuring equitable access to land for the vulnerable majority group of rural poor, and not influenced by politico-economic considerations that yield narrow outcomes for privileged minority groups.
An Analysis of the Petroleum Industry Governance Bill in Nigeria: Prospects and Challenges
Authors: Ayodele Oladiran Akinsola
Published: April 2024

The importance of oil and gas to the growth of the Nigeria’s economy cannot be over­ emphasised. This article appraises the key provisions of the Petroleum Industry Governance Bill (PIGB) and its potential contribution to the Nigerian petroleum industry. The Nigerian government has embarked on policy reforms, which have led to a compilation of the document referred to as Petroleum Industry Bill (PIB). This was presented to the National Assembly in 2012. The PIB was divided into logical smaller pieces amongst which are the Petroleum Industry Governance Bill (hereinafter “the Bill”). The Bill is expected to unbundle the Nigerian National Petroleum Corporation (NNPC) into various independent institutions like the Federal Ministry of Petroleum Incorporated, the Nigerian Petroleum Regulatory Commission (NPRC), Nigerian Petroleum Assets Management Company and National Petroleum Company (NPC). This is to ensure transparency in the administration of petroleum resources. The Bill has been observed to be fraught with some challenges, as the minister still possesses substantial powers. The minister possesses pre‐emptive power over all petroleum and related products. He or she may increase the fine imposed by the Bill through regulation. The Bill dispossesses Ministry of Environment of power over environmental affairs which is its area of expertise and gave it to the NPRC. These and other challenges are investigated in this article. The researcher employs qualitative research methods and as well conducted few interviews. The main purpose of the qualitative review was to investigate the prospects and challenges of PIGB a segment of the PIB in Nigeria. The personal interviews were conducted face to face. Purposive sampling technique was used in identifying the interviewees because these are the stakeholders in matters of exploration and exploitation of oil and gas in Nigeria.
Editorial
Authors: Nyane Hoolo
Published: April 2024

Justification for a new law journal The immediate question that dashes to any researcher’s mind when a new journal breaks into the research space is: why have a new journal? The question is natural because South Africa is comparatively endowed with many journals across disciplines, and law in particular. 1 There is no gainsaying that South Africa is home to some of the most prestigious journals across disciples globally. In the African continent, South Africa is doing relatively well with research output. Thus, it may be somewhat convincingly argued that perhaps South Africa does not need new journals; it needs new ideas.
Artificial Barriers that Prevent Underprivileged Law Graduates to Access the Legal Profession
Authors: Marumoagae Motseotsile Clement
Published: April 2024

This article highlights the plight of underprivileged law graduates in South Africa in relation to the difficulties they experience when they attempt to access the legal profession. It demonstrates that, in addition to legislated requirements that they need to meet, they are also met with artificial requirements which are meant to effectively prevent them from accessing the legal profession. This article argues that, while underprivileged law graduates are not entitled to receive practical vocational training by merely having graduated with a law degree, they are nonetheless entitled to be treated equitably when responding to invitations for practical vocational training from law firms. This article makes an argument that, while the Legal Practice Council (LPC) has attempted to deal with this issue, much still needs to be done to ensure that the dictates of social justice guide legal practitioners in South Africa to eradicate barriers that make it difficult for underprivileged law graduates to access the legal profession.
The Right of a Child to Care and the Involvement of the Family Advocate in the Sentencing of a Child’s Primary Caregiver
Authors: Nkosi Bongani
Published: April 2024

The landmark dictum in S v M has set a precedent that the sentencing of a child’s caregiver must consider his or her caregiving responsibilities. Amongst others, the guidelines require the court to take into account the care of the child in the event it imposes a custodial sentence on the child’s primary caregiver. One of the options available to the court is to place the child in alternative care. While caregiving responsibilities of the caregiver is mostly considered in sentencing, it appears that the court often assigns the care of the child, post-sentencing, to the Department of Social Development. Such an assignment has the potential of infringing the right of the child to alternative care. In the event that social welfare agencies have to put a child of an imprisoned caregiver in alternative care, the procedure is uncongenial for such a child. There is currently no established procedure for placing a child in alternative care. While the Children’s Act makes provision for alternative care, it does not make any specific stipulation regarding the placement of the child in alternative care. The survey of the orders made in some of the cases covered in this contribution shows that the care of the children involved was allocated to the Department of Social Development and none of the children were placed in alternative care. This contribution argues that the sentencing of a child’s caregiver still does not consider options available for the care of the child created by the Children’s Act adequately.
Shareholder Activism and Acting in Concert during Takeovers under the Companies Act 71 of 2008
Authors: Phakeng Madimetja
Published: April 2024

This article discusses the interaction between shareholder activism and the concept of acting in concert as applied under the takeover provisions of the Companies Act 71 of 2008. The takeover provisions are aimed at protecting minority shareholders during takeovers. Shareholder activism is on the increase throughout the world. It is viewed both positively and negatively. Shareholder activism is on a wide spectrum. Shareholder activists may seek to bring about a number of changes in a company, including better performance, change in management or even a takeover. This article discusses shareholder activism, focusing on the change of control transactions in companies – takeovers of companies. This is particularly relevant in view of the assertions that the application of acting in concert rules under the takeover provisions may deter shareholder activism. The article proceeds as follows: it provides an introductory remark on shareholder activism and its interaction with the takeover provisions; briefly deals with takeover transactions and defines the concept of acting in concert; as well as exploring how this concept is applied during takeovers, both in South Africa and in the United Kingdom. The article concludes by highlighting how acting in concert provisions seeks to strike a balance between shareholder activism and the powers of directors to manage the company’s affairs. Finally, it makes suggestions on how shareholder activists should proceed so as to avoid falling foul of the takeover provisions.
Defining the Future of the Immunity Ratione Materiae of State Officials in International Criminal Law
Authors: Masumbe Paul
Published: April 2024

The issue of the immunity ratione materiae of state officials before international criminal courts has been settled by both the International Criminal Court (ICC) and the African Criminal Court (ACC). Accordingly, these criminal courts do not recognise the immunity ratione materiae of state officials despite the official nature of the acts committed. Nevertheless, the issue of the immunity ratione materiae of state officials from foreign criminal jurisdictions remains uncertain, despite the intervention of the International Law Commission (ILC). Consequently, the view that the immunity ratione materiae of state officials covers only official acts performed by state officials does not amount to international crimes is legally justifiable. However, it is inconsistent with the rule of customary international law on the immunity of state officials from foreign criminal jurisdictions, and this view is consistent with the decision of the International Court of Justice (ICJ) in the Arrest Warrant case. This article examines the position of the immunity ratione materiae of state officials from foreign criminal jurisdictions as well as the position before modern international criminal courts. The article maintains that official acts should not be determined by their legality or nature, but by the purpose for which such acts were committed, and the responsibility may be attributed to the state despite their criminal nature. Accordingly, the article argues that the issue of the immunity ratione materiae of state officials and the Draft Article 7 international crimes exceptions could be resolved by a treaty, as was done before the ICC and the ACC, given the fact that this immunity is supported by state practice and is consistent with the customary rules of international law.
Siblings But Not Twins: The Oppression Remedy and the Derivative Action – Larrett v Coega Development Corporation (Pty) Ltd 2015 (6) SA 16 (ECG) in Retrospect
Authors: Muthugulu-Ugoda Shandukani
Published: April 2024

Although the oppression remedy and the derivative action are separate and distinct remedies, the boundary between the statutory shareholder remedies is often blurred. The derivative action and the oppression remedy are not mutually exclusive. This assertion is borne out by the fact that conduct which may result in harm to a company and may therefore be the subject of a derivative claim may also constitute oppression to minority shareholders. This aspect is even more daunting for an aggrieved shareholder, especially since one remedy will have to be pursued to the exclusion of the other. Determining the correct remedy to pursue has proven an eminently laborious exercise, and in some instances fatal to obtaining relief. The vexed questions concerning the oppression remedy and the derivative action are encapsulated in Larrett v Coega Development Corporation (Pty) Ltd 2015 (6) SA 16 (ECG), where the High Court held that section 165 and not section 163 of the Companies Act 71 of 2008 ought to have been followed from the onset by the aggrieved applicant shareholder.
The Re‐Establishment of the Corporate Affairs Commission under the Companies and Allied Matters Act of 2020 in Nigeria: A Critical Appraisal
Authors: Olatunji Olukayode
Published: April 2024

The Companies and Allied Matters Act 2020 (CAMA 2020) re‐established the Corporate Affairs Commission (CAC) as the apex regulatory agency for companies’ operations. Never in the history of Nigeria has the legislation on companies’ regulation and practice been criticised like CAMA 2020. Thus, this article examines the government agency created to implement CAMA 2020, the CAC. The article aims to show that the new CAC’s board composition gives the impression that it is poised to make ease of doing business a reality, but a critical evaluation of the composition of the board as is presently constituted reveals that it may not achieve that purpose. The article asserts that until the board is enlarged to accommodate other regulatory agencies in the corporate sector, the CAC cannot become stronger thann its predecessor, and effective performance of the enormous responsibilities bestowed on its shoulders by CAMA will not be fully achieved. The article concludes that there is a need to equip the CAC with more competent personnel from other related regulatory agencies on the governing board to ensure the success of the overall objectives of the Act.
Editorial
Authors: Nyana Hoolo
Published: April 2024

This is the second issue of the inaugural volume of the Turf Law Journal. The first issue published seminal papers that firmly launched the journal into the academic discourse. Hence, obtaining another set of quality contributions for the second issue has been relatively easy. Both senior and emerging academics have contributed to this inauguralvolume’s first and second issues. The articles published in the journal are not limited to any specialised area of law. The journal’s view of legal scholarship is that, jurisprudentially, the law is better studied within its broader socio-legal and transdisciplinary context. This approach is the antithesis of the positivistic and straight-jacketed study of law. It is the epitome of disenchantment with legal positivism as it applied in South Africa during apartheid. 1 The transition into the new era has not involved a move from one constitutional design to the other; it also represents a transition in the episteme – how the law is studied. One of the most evident consequences of coloniality is its damageto the episteme. This is captured crisply by Ndlovu-Gatsheni, who observes that there is an ‘urgent need for epistemic freedom, which restores to African people a centralposition within human history as independent actors.