bluuebunny/crossref_metadata_2025 huggingface dataset:
DESIGN OF THE COOLING LINER OF THE AFTERBURNER COMBUSTION CHAMBER OF THE MODERN TURBOFAN ENGINE
Authors:   Ufa State Aviation Technical University, Kishalov Alexander , Zolotukhin Anton ,   Ufa State Aviation Technical University
Published: October 2021

In this article, the design of the heat shield of the afterburner chamber of the aircraft turbofan engine is proposed, which allows to improve its characteristics. This design makes it possible to change the material of the heat shield from deformable al-loys to heat-resistant cast alloys with higher operating temperatures and lower density. Based on this, a 3D solid-state geomet-ric model of the afterburner with an upgraded heat shield was developed. The hydraulic calculation of the afterburner and its cooling channel is carried out according to the engineering method. At the same time, the burning process in the afterburner was simulated in full forced mode using the Ansys CFX software package. The data obtained because of modeling and engi-neering calculations are analyzed and compared with each other by the flow rate of air passing through the gaps between the sections of the heat shield for its cooling. As a result of the calculation, the integral characteristics of the afterburner and the de-veloped design of the heat shield are obtained. To check the efficiency and operability of the resulting design, the refining thermogasodynamic calculations of the engine with the upgraded afterburner were carried out on two typical engine operating modes: maximum and full forced. To assess the impact of changes in the characteristics of the upgraded afterburner on the main characteristics of the turbofan engine using the DVIGw simulation system. As a result of the calculations, it is obtained that the use of a heat shield of a promising design allows you to reduce the weight of the screen itself by 9% and increase the thrust of the entire engine by 1% at maximum and full forced modes in general.
RESEARCH TESTS OF THE ADVANCED BYPASS TURBOJET ENGINE CORE WITH SIMULATION OF TARGET INPUT THERMGASODYNAMIC PARAMETERS IN THE CONDITIONS OF THE ENGINE BUILDING ENTERPRISE
Authors:   JSC “UEC-Aviadvigatel”, Gallyamov Marat , Toropchin Sergey ,   JSC “UEC-Aviadvigatel”, Gribkov Igor ,   JSC “UEC-Aviadvigatel”, Inozemtsev Aleksandr ,   Perm National Research Polytechnic University,   JSC “UEC-Aviadvigatel”
Published: October 2021

The method of advanced bypass turbojet engine core research tests with simulation of target inlet thermogasdynamic parameters at the engine OEM site is considered. It is stated that research testing is traditionally associated with the use of multifunctional test facilities capable of simulat-ing operating conditions as close as possible to operational ones for a wide range of test objects of different thrust (power) and application. Such test facilities require significant investment and operating costs, which in general determines their limited number in the world. It is shown that the steady growth of the share of research tests at the initial design stages requires organization of tests with minimal financial and material costs directly at the engine OEM site, where testing the advanced bypass turbojet engine core plays a special part. Determination of the method for simulating thermogasdynamic parameters is associated with solution of rather contradictory problems, where, on the one hand, it is required to ensure reliable reproduction of the actual operating conditions of the core for all configurations of the bypass turbojet engine under development, and on the other hand, to ensure lower manpower and cost of testing. One of the effective solutions is the use of specialized test facilities, a distinctive feature of which is determination of the simplest and most economical means of obtaining the working fluid with the required thermogasdynamic parameters for a pre-determined range of test objects of different thrust (power) and application. The technical implementation of the dedicated test facility for testing the advanced bypass turbojet engine core at UEC-Aviadvigatel JSC (Perm) is considered.
STUDY OF SURFACE ROUGHNESS DURING CONTOUR MILLING OF DIFFICULT PROFILE SURFACES OF STAINLESS STEEL PARTS
Authors:   Perm National Research Polytechnic University, Singatullina Lilia , Krutikhina Irina ,   Perm National Research Polytechnic University, Tuktamyshev Vitaly ,   Perm National Research Polytechnic University
Published: October 2021

The improvement of technologies for contour milling of complex-profile surfaces is realized thanks to the competent management of cutting conditions. Cutting conditions have a significant impact not only on productivity and processing costs, but also on the accuracy and quality of the machined surface. The surface roughness Ra determines the characteristics of wear resistance and streamlining by gases and liquids, the value of fatigue resistance, contact brutality, vibration resistance, and cor-rosion resistance. As a result, at the stage of development of the working design of the product, it is important to determine the rational value of the surface roughness Ra and ensure the specified value in finishing operations during the execution of the technological process. In the course of the work, the analysis of scientific articles on the influence of cutting conditions on the value of surface roughness during contour milling of complex-shaped surfaces was carried out. In the cited works, practical recommendations were given on the choice of the cutting pattern and the direction of the contour bypass in the finishing operations of milling of complexly shaped surfaces with a spherical tool, the assignment of the tool path, the use of cycles for finishing the angles of mating surfaces as part of the control program, which make it possible to improve the quality of the machined surface, were de-veloped universal control routines for correcting the position of the tool and cutting conditions depending on the amount of elas-tic displacement of the cutter. However, the purpose of the normative combination of controlled parameters of the cutting mode, providing the required surface roughness, according to analytical expressions, was not considered in the above studies. To solve this problem, a full factorial experiment was planned to obtain a mathematical model that makes it possible to predict the value of roughness at various processing modes (V, Sz, B).
Assessment of the Implementation of Proper Solid Waste Management of The Residents In Bonbon, Clarin, Bohol
Authors: Ganados Daisy , Gencianos Jessebel , Mata Ruth Ann Faith , Pates Christopher Sam , Salvatiera Christine Marie , Platino Jr. Vidal L. , Marquez Stella R.
Published: October 2021

Solid waste management is the process of collecting and treating solid wastes. It also offers solutions for recycling items that do not belong to garbage or trash. Reducing and eliminating the adverse impact of waste materials on human health and the environment supports economic development. Quality of life is the primary goal of solid waste management. To ensure environmental best practices, content or hazard potential and solid waste must be managed systematically, and it is needed to be incorporated into ecological planning. This study aimed to assess Bonbon, Clarin, and Bohol residents regarding the proper implementation of solid waste management. The quantitative-descriptive method of research was used with the aid of a modified standardized survey questionnaire. The data showed that mothers or married respondents aged 21-30 got the highest percentage. Therefore, it shows that they are the ones primarily in charge of household waste management. The Assessment of the implementation of Solid Waste Management was conducted per dimension: Planning and Control, Zero Waste Collection Service, and Waste Disposal System. According to the results, the dimension of Planning and Control was labeled as Strongly Implemented, Zero Waste Collection Service was marked as Moderately Implemented, and Waste Disposal System was categorized as Moderately Not Implemented. Therefore, it shows that the Solid Waste Management in Bonbon, Clarin, and Bohol was moderately implemented. Thus, the study's outcome served as a guide to enhance their best practices for the full implementation and sustainability of solid waste management in their locality.
Job Satisfaction and Organizational Commitment Among Teachers of the Bohol Association of Catholic Schools, Diocese of Tagbilaran
Authors: Pergamino Gina M. , Yuayan Angelo P.
Published: October 2021

Job Satisfaction is an attitude the employees have about their jobs, while organizational commitment refers to a widely recognized theory covering normative, affective, and continuance aspects. The study aimed to assess the level of job satisfaction and organizational commitment among teachers in BACS. Furthermore, it examined the correlation between job satisfaction and organizational commitment. It also looked into the significant difference in job satisfaction between the respondents’ years of service. The study used the quantitative descriptive-normative survey method to gather data through standardized questionnaires. From 311 teachers, a random sample of 291 respondents was selected with a +/-1.46% margin of error at a 95% confidence interval. Results revealed that teachers were highly satisfied with their jobs, while having a moderate organizational commitment (rs = 0.524, p = 0.000). Moreover, Spearman’s rank-order correlation test revealed a positive correlation between job satisfaction and organizational commitment. Furthermore, a Kruskal-Wallis H test showed a statistically significant difference in job satisfaction between the respondents’ years of service, = 10.124, p=0.018, with a mean rank job satisfaction of 170.36 for one year and below, 137.76 for more than one year – three years, 124.70 for more than three years – five years, and 148.75 for more than five years. A Dunn-Bonferroni test showed that teachers employed for one year and below significantly had higher job satisfaction than those who stayed for more than three years – five years.
Cosmopolítica, religiosidad y pandemia en Venezuela
Authors: Hernández Luis Alonso
Published: October 2021

Resumen: El culto al presidente Hugo Chávez en sectores populares urbanos de la capital venezolana se ha reforzado en medio de la pandemia. Un trabajo de campo realizado durante las semanas de flexibilización decretadas por el gobierno de Venezuela, evidenció que los creyentes visitaban la capilla consagrada a San Hugo Chávez del 23, ubicada en la parroquia 23 de enero de Caracas, para pedir protección, viviendas, intervenciones quirúrgicas y dar gracias por asuntos relacionados a la salud, incluyendo sanaciones entre contagiados por la Covid-19. En este sentido, estamos frente a una forma de religiosidad en la que los creyentes buscan resolver problemas de la vida cotidiana, estableciendo un fuerte vínculo sagrado con la imagen sacralizada de Chávez, relación inmanente que parece no separar lo sagrado de lo político, es decir, lo “cosmopolítico”. Por otra parte, se aprecia cómo desde el discurso oficial, se refuerza la imagen de Chávez como el salvador/protector del país, razón por la cual, Venezuela tendría los índices más bajos de contagiados de toda América Latina.
Podemos Co-Construir um Campo de Gestão/Administração Engajado com a Maioria?
Authors: Faria Alexandre , Abdalla Márcio Moutinho , Guedes Ana Lucia
Published: October 2021

Abstract Dynamics contrary to the life of the majority mobilized by neo-imperial neo-liberal capitalism evolving toward neo-fascist populism has become virtually invisible to the field of Management/Administration, which is driven by dynamics of appropriation-contention focused on alternatives and transmodern epistemes of the emerging South-East. We analyze this picture of radicalization of global coloniality within the context of counterrevolutionary neoliberalism facing dynamics of dewesternization and decoloniality from a South-North dialogue between Decolonial Theory/Option and Critical Realism. By proposing a critical/decolonial transmodern framework, we unveil dynamics of invisibilization/visibilization against the life of the majority, invisibilized by market sub-theorization and dominant discourse and by the liberal university and its business/management schools. In the end, we propose to recover the expanded relevance of “administration/management” engaged with the majority, through reappropriation dynamics based on de-subalternization of non-market and ‘de-celebration’ of free market.
Political Impact of Research
Authors: Oliveira Cintia Rodrigues de , Davel Eduardo Paes Barreto
Published: October 2021

Abstract Discussions on political impact broaden our understanding of the impact of academic research and deepen our awareness of underlying and socially constructed dynamics that determine the very meaning of what will be collectively understood as impact. Three major types of impact can be considered when discussing how researchers can fully observe the political impact of their research: (a) promotion of emancipation and critical thinking, (b) promotion of debates on the public interest and (c) contribution of the study results to the process of denaturalizing knowledge considered as neutral. The political impacts of academic research represent the future development of societies and organizations, as they make life viable in a collective, social and democratic context. If so, why are we still unable to substantiate, enable and operationalize such consideration into our scientific research metrics and guidelines?
Impacto Político da Pesquisa
Authors: Oliveira Cintia Rodrigues de , Davel Eduardo Paes Barreto
Published: October 2021

Abstract Discussions on political impact broaden our understanding of the impact of academic research and deepen our awareness of underlying and socially constructed dynamics that determine the very meaning of what will be collectively understood as impact. Three major types of impact can be considered when discussing how researchers can fully observe the political impact of their research: (a) promotion of emancipation and critical thinking, (b) promotion of debates on the public interest and (c) contribution of the study results to the process of denaturalizing knowledge considered as neutral. The political impacts of academic research represent the future development of societies and organizations, as they make life viable in a collective, social and democratic context. If so, why are we still unable to substantiate, enable and operationalize such consideration into our scientific research metrics and guidelines?
The Perception of Health Care Professionals and Managers about Resource Allocation in Primary Health Care in Minas Gerais State Municipalities
Authors: Santos Lucas Maia dos , Gonçalves Márcio Augusto
Published: October 2021

Abstract This study aimed to examine and describe the perceptions of health professionals and managers about the main phenomena that influence resource allocation in primary health care. Adopting a qualitative approach, the field research was carried out in ten municipalities in Minas Gerais and involved eleven focus groups, six interviews and two semi-structured questionnaires in 2014 and 2015, and nine focus groups and five interviews in 2018, in which participated a total of 133 health professionals and managers. Other sources of evidence were also included, such as non-participating observations, photographs and documents from the Minas Gerais State Health Secretariat and the Ministry of Health. Based on the content analysis, eight categories of phenomena that influence resource allocation in PHC were obtained, derived from daily interactions between the population and health professionals and managers. Our findings show that primary health care is in a process of institutional change, dependent on the validity of actors and institutions, at different institutional levels. Among the determining factors affecting resource allocation in PHC, the main ones are the agency of the actors involved, the health service flow, the private sector, the medical corporatism, the influence of politicians, the municipal management capability, the infrastructure and groups of specific individuals.
Environmental Conservation Units – a Pragmatist Analysis of the Organizational Management and Modes of Existence of an Ecological Station
Authors: Matarazzo Gustavo , Serva Maurício
Published: October 2021

Abstract Protected areas are the main instrument used for protecting and conserving nature (UN, 2018). In Brazil, these areas are called Unidades de Conservação (UCs), or Conservation Units in English, and despite their territorial coverage and the complexity of their problems, they have not been properly studied by the area of administration. As a result, in this article we aimed to broaden the understanding about the modes of existence, as well as about the management of a protected area in a particular territory. For this, we took a pragmatist epistemological approach, favoring action above all. The study material derives from ethnographic research using participant observation at a UC managed by the Chico Mendes Institute for Biodiversity (ICMBio). As results, we identified three distinct modes of existence of the organization, namely: environmental education; production of expertise; and protection and inspection of nature. The analysis of these modes of existence enabled a better understanding of how specific organizational configurations emerge that situationally position the actors in different ways, engendering collective action and its management. Finally, we forge arguments that highlight possible contributions of a pragmatist epistemology to the organizational analysis of UCs.
City Production Strategies in the Neoliberalization Context - Salvador as Example
Authors: Santos Maria Elisabete Pereira dos , Borja Patrícia Campos , Pedrassoli Julio Cesar , Santos Alei Fernandes
Published: October 2021

Abstract The aim of the current article is to think over economic development and urban infrastructure propositions by Salvador 360 Strategic Plan from 2017, which was elaborated by the municipal government. The plan allows analyzing the neoliberal city production approach which, despite its modernizing profile, is just an update of old models that have great potential to worsen structural socio-spatial segregation issues. Neoliberalism, urban spoliation, land value and gentrification are key concepts in this article. Neil Brenner, Nick Theodore, Jamie Peck, David Harvey, Lúcio Kowarick, Carlos Vainer and Inaiá de Carvalho are its main theoretical references. The methodology addresses documental analysis, as well as the analysis of secondary data from official sources (DIEESE and IBGE) and digital platforms analysis (AirBnB website). Based on the results, Salvador 360 Strategic Plan deepens eviction processes experienced by the poor population in the city’s central zones and increases the appropriation of private urban added value and service provision concentration, within a political setback context. This process can aggravate urban environment precariousness and quality of life in the city.
Estratégias de Produção da Cidade no Contexto da Neoliberalização: Salvador como Exemplo
Authors: Santos Maria Elisabete Pereira dos , Borja Patrícia Campos , Pedrassoli Julio Cesar , Santos Alei Fernandes
Published: October 2021

Abstract The aim of the current article is to think over economic development and urban infrastructure propositions by Salvador 360 Strategic Plan from 2017, which was elaborated by the municipal government. The plan allows analyzing the neoliberal city production approach which, despite its modernizing profile, is just an update of old models that have great potential to worsen structural socio-spatial segregation issues. Neoliberalism, urban spoliation, land value and gentrification are key concepts in this article. Neil Brenner, Nick Theodore, Jamie Peck, David Harvey, Lúcio Kowarick, Carlos Vainer and Inaiá de Carvalho are its main theoretical references. The methodology addresses documental analysis, as well as the analysis of secondary data from official sources (DIEESE and IBGE) and digital platforms analysis (AirBnB website). Based on the results, Salvador 360 Strategic Plan deepens eviction processes experienced by the poor population in the city’s central zones and increases the appropriation of private urban added value and service provision concentration, within a political setback context. This process can aggravate urban environment precariousness and quality of life in the city.
Public Policy Frames and Gender mainstreaming: an analysis of childcare policy in Brazil during the left turn (2003-2016)
Authors: Marcondes Mariana Mazzini , Farah Marta Ferreira Santos , Alves Mário Aquino
Published: October 2021

Abstract Brazil was one of the countries that integrated Latin America’s left turn, a period in which social policies have become central. During the Labor Party’s Government (Partido dos Trabalhadores) (2013-2016), were developed institutional conditions to mainstream gender in public policies, which embraced the issue of the sexual division of labor. However, did it mean an effective reorientation of the childcare policy towards gender equality perspectives? This article aims to reflect upon this question, drawing on the gender mainstreaming concept. It is understood as a process of incorporation of feminist perspectives into the public policy framing, regarding the (re)definition of both the public problem and the course of state action. To do so, we carried out a qualitative study of gender mainstreaming on childcare policy (daycare centers and leaves), focusing on official discourses, mainly through documentary analysis. Based on the results analyzed, we identified the coexistence of two frames: “education and childcare rights” and “promotion of women's economic autonomy”. Since the first one has prevailed, we conclude that gender mainstreaming was marginal in the childcare policy, during the analyzed period.
Frame, Política Pública e Transversalidade de Gênero: uma Análise da Política de Cuidado Infantil Brasileira durante o Giro à Esquerda (2003-2016)
Authors: Marcondes Mariana Mazzini , Farah Marta Ferreira Santos , Alves Mário Aquino
Published: October 2021

Abstract Brazil was one of the countries that integrated Latin America’s left turn, a period in which social policies have become central. During the Labor Party’s Government (Partido dos Trabalhadores) (2013-2016), were developed institutional conditions to mainstream gender in public policies, which embraced the issue of the sexual division of labor. However, did it mean an effective reorientation of the childcare policy towards gender equality perspectives? This article aims to reflect upon this question, drawing on the gender mainstreaming concept. It is understood as a process of incorporation of feminist perspectives into the public policy framing, regarding the (re)definition of both the public problem and the course of state action. To do so, we carried out a qualitative study of gender mainstreaming on childcare policy (daycare centers and leaves), focusing on official discourses, mainly through documentary analysis. Based on the results analyzed, we identified the coexistence of two frames: “education and childcare rights” and “promotion of women's economic autonomy”. Since the first one has prevailed, we conclude that gender mainstreaming was marginal in the childcare policy, during the analyzed period.
A macro-element model for predicting the combined load behaviour of spudcan foundations in clay overlying sand
Authors: Wang Yifa , Cassidy Mark J. , Bienen Britta
Published: October 2021

A macro-element model for predicting the load–displacement behaviour of a spudcan foundation in clay overlying sand when subjected to combined vertical, horizontal and moment loading is introduced. Observations from detailed drum centrifuge tests that measured the effect of the underlying sand layer on the foundation behaviour are combined with finite-element results and theoretical developments to derive the components of the model. The yield surface defined by the centrifuge test results suggests that as the spudcan nears the underlying sand layer, the absolute horizontal capacity remains relatively constant, while the vertical and moment capacities increase at approximately the same normalised rate. The model is demonstrated to accurately predict foundation behaviour by retrospectively simulating the experimental results. This macro-element model has the advantage that it can be integrated into the structural analyses of jack-up platforms required for site-specific assessments.
ILAE Neuroimaging Task Force Highlight: harnessing optimized imaging protocols for drug‐resistant childhood epilepsy
Authors: Larivière Sara , Federico Paolo , Chinvarun Yotin , Jackson Graeme , Morgan Victoria , Rampp Stefan , Vaudano Anna Elisabetta , Wang Irene , Cendes Fernando , Boelman Cyrus G. , Bernasconi Andrea , Bernasconi Neda , Bernhardt Boris C. , Schrader Dewi V.
Published: October 2021

The ILAE Neuroimaging Task Force aims to publish educational case reports highlighting basic aspects related to neuroimaging in epilepsy consistent with the educational mission of the ILAE. Previous quantitative MRI studies have established important imaging markers of epilepsy‐related pathology, including features sensitive to hippocampal cell loss and reactive astrogliosis. Here, we review the case of a female with pediatric drug‐resistant epilepsy. Throughout her course of treatment, she had seven MRI investigations at several centers; the first three did not follow optimized epilepsy imaging protocols whereas the remaining four adhered to HARNESS‐MRI protocols (harmonized neuroimaging of epilepsy structural sequences). Visual inspection of a set of HARNESS‐MR images revealed conspicuous left hippocampal hyperintensity which may have been initially overlooked on non‐optimized MR images. Quantitative analysis of these multimodal imaging data along hippocampal subfields provided clear evidence of hippocampal sclerosis, with increased atrophy, increased mean diffusivity, increased T2‐FLAIR signal, and lower qT1 values observed in the anterior portions of the left, compared to the right hippocampus. The patient underwent a left anterior temporal lobectomy with amygdalohippocampectomy at age 16 years. Histopathology of the resected specimen also confirmed hippocampal sclerosis with widespread gliosis and focal neuronal loss in the hippocampal subfields overlapping with regions of multimodal quantitative alterations. The patient remains seizure‐free one year after surgery. Collectively, this case highlights the need for optimized data acquisition protocols early in the treatment of epilepsy and supports quantitative analysis of MRI contrasts to enhance personalized diagnosis and prognosis of drug‐resistant patients with epilepsy.
Testing patients during a seizure
Authors: Burkojus Dovydas , Endzinienė Milda , Jurkevičienė Giedrė , Gelžinienė Giedrė , Beniczky Sándor
Published: October 2021

Content available: Video
Two-Dimensional Vector Boson Oscillator
Authors: GÜRTAŞ DOĞAN Semra
Published: October 2021

We introduce two-dimensional vector boson oscillator (VBO) by using the generalized vector boson equation that derived as an excited state from the canonical quantization of classical spinning particle with Zitterbewegung. We write the relativistic vector boson equation (VBE) and introduce the oscillator coupling through non-minimal substitutions. This form of the equation is linear in both momentum and coordinate. The corresponding equation gives a set of coupled equations. By solving these equations we obtain an exact energy spectrum for two-dimensional VBO. This energy spectrum includes spin coupling and shows that the oscillator frequency depends on the spin of the vector boson. According to these results, we discuss several properties of the two-dimensional VBO.
ASSESSING THE WTO COMPLIANCE OF SELECTED ASPECTS OF SOUTH AFRICA’S INTERNATIONAL TRADE ADMINISTRATION AMENDMENT BILL
Authors: Lonias Ndlovu
Published: October 2021

This article argues that while South Africa’s International Trade Administration Amendment Bill and the attendant proposed regulations may generally be regarded as a positive legislative intervention, to a large extent, the new regulatory regime goes against the spirit, object and purport of the World Trade Organization (WTO) anti-dumping agreement and is even in conflict with South Africa’s International Trade Administration Act itself. In order to substantiate the above reservations, this article first outlines the basics of WTO dumping and anti-dumping law before proceeding to point out aspects of South Africa’s anti-dumping law and practicewhich incorporate WTO tenets. With the aid of selected WTO disputes and examples from comparative WTO member states, this article also comments on selected impugned changes likely to be introduced by the Bill and the new regulations and concludes that the proposed new law is unlikely to be WTO compliant. This conclusion is premised on the fact that South African dumping and anti-dumping law relating to confidentiality, the process of conducting investigations, termination of investigations based on de minimis margins and interested party hearings does not always mimic the legal position as espoused in the WTO anti-dumping agreementand interpreted in selected WTO disputes.
THE PROTECTION OF WHISTLE-BLOWERS IN THE FIGHT AGAINST FRAUD AND CORRUPTION: A SOUTH AFRICAN PERSPECTIVE
Authors: Monray Marsellus Botha
Published: October 2021

Criminal and irregular conduct can endanger the economic stability in South Africa. It also has the potential of causing social damage. Employees as whistle-blowers play an important role in the promotion of corporate governance in organizations and are protected from occupational detriments by the Protected Disclosures Act 26 of 2000. The Companies Act 71 of 2008 also contains provisions regarding whistle-blowing but extends the protection to other categories such as shareholders and directors. This article investigates the protection granted by both these pieces of legislation and if synergy exists between these two Acts. It also explores whether the Protected Disclosures Act really protects employees and the remedies they are entitled to.
GOING AGAINST THE TIDE: SEEKING REGULATIONS FOR PRIVATE MILITARY/SECURITY COMPANIES IN A GLOBALIZED WORLD
Authors: Laurence Juma
Published: October 2021

This article discusses the role of privatization of security in Africa, but its focus is on private military and security companies (PMSCs). The article proceeds on the basis that there is need for effective regulatory frameworks for PMSCs that operate in conflict zones of Africa. Thus, it begins by appraising the existing normative standards at the international, regional and domestic level that apply to these companies, and thereafter, identifies their shortcomings in light of the prevailing security conditions within the continent. The article then posits broad theoretical imperatives for designing a more effective regulatory framework for PMSCs and concludes by proposing the establishment an overarching continental regime constructed on the basis of the suggested imperatives.
TO REGULATE OR TO OVERREGULATE? INTERNET SERVICE PROVIDER LIABILITY: THE INDUSTRY REPRESENTATIVE BODY IN TERMS OF THE ECT ACT AND REGULATIONS
Authors: Frans E Marx  , Neil O’Brien
Published: October 2021

The Electronic Communications and Transactions Act 25 of 2002 provides for the limitation of liability of Internet service providers against actions based on unlawful content placed on their websites. The legislature’s approach is to emphasize self-regulation of the Internet by providing in section 72 of the Act that only those service providers which belong to an Industry Representative Body (IRB), recognized by the Minister of Communications, will qualify for the protection accorded by the ECT Act. Such an IRB must then, through its Code of Conduct, regulate service providers belonging to it. This article evaluates the prerequisite of an IRB and investigates theguidelines for recognition of IRBs by the minister. The South African position is then compared with that in the European Union. The need for the existence of IRBs is questioned and the guidelines are criticized. It is argued that both the threshold requirements and IRB recognition requirements are unnecessary in the context of limited liability. It is submitted that these barriers to limited liability are needless and can possibly hamper the industry as a whole.
DISPUTE RESOLUTION IN THE SOUTH AFRICAN SOCIAL SECURITY SYSTEM: THE NEED FOR MORE APPROPRIATE APPROACHES
Authors: MAT Nyenti
Published: October 2021

The right to social security in South Africa is adjudicated and enforced mainly by means of litigation. This article examines litigation as a mechanism for the resolution of social security disputes in South Africa and its impact on both the right to have access to court and to social security. It argues that court-based adjudication may not be the most appropriate means of adjudicating social security claims. This is particularly as South Africa is a country where social security beneficiaries have limited knowledge of the laws and procedures, coupled with a lack of publicly-provided legal assistance/representation for social security cases. Dispute resolution mainly through the courts may contribute to the limitation of their right to seek redress and by implication, their right to have access to social security. Finally, the article proposes the investigation of more appropriate dispute-resolution processes. This is due to the failure of court-based adjudication to ensure access to justice (and to social security); constitutional requirements arising from the protection of the rights of access to justice and to social security; the Constitution’s focus on protecting persons who are particularly vulnerable and desperate; the availability of other (more appropriate) dispute-resolution mechanisms; and the relatively successful implementation of these mechanisms in the resolution of social security disputes in comparative jurisdictions.
WHEN MEN WEAR DREADLOCKS TO WORK Department of Correctional Services v POPCRU [2012] 2 BLLR 110 (LAC)
Authors: Brenda Grant
Published: October 2021

The inclusion of constitutional rights within the ambit of the employment relationship raises new tensions between the enforcement of an employee’s right to gender equality, religious and cultural freedoms and an employer’s right to engage in free economic activity. The employer, in seeking to increase its productivity and efficiency, may insist on standards of uniformity in the manner in which employees dress to work. The employee, on the other hand, might find the insistence of these norms or uniformities in conflictwith his/her right to equality and/or religious or cultural freedoms. In this case, the courts were faced with the task of reconciling these tensions between the Department of Correctional Services and some of its employees. This note looks at the manner in which the Labour Court ([2010] 10 BLLR 1067; (2010) 31 ILJ 2433 (LC) and Labour Appeal Court dealt with the issue.
PAPER V PRACTICE – EXAMINING THE SCOPE AND LIMIT OF SECTION 206 OF THE LABOUR RELATIONS ACT IN PROVIDING A REMEDY FOR A NON-PARTY TO AN EXTENDED COLLECTIVE AGREEMENT
Authors: Jeanne-Mari Retief
Published: October 2021

The Minister of Labour may extend collective agreements concluded in bargaining councils to non-parties to the agreements in terms of section 32 of the Labour Relations Act 66 of 1995. The extension of these agreements has long been a cumbersome debate in law and practice. While some argue in favour thereof there are many that argue against it. Non-parties can apply for exemption from thesecollective agreements, and this is seen as a due remedy, however, the process of applying for exemption can be wrought with inefficiencies. Therefore, the question must be asked whether the employer as a non-party to an extended agreement, hasany remedy to its disposal. Section 206 of the Labour Relations Act deals with the effect that a defect or irregularity in a bargaining council can have on the validity of the collective agreement concluded by said council. If the collective agreement is extended to non-parties, and there is a material defect with regard to the collective agreement, this section can provide a due remedy for the non-party, if interpreted and applied correctly. Seen as a clarification for the correct interpretation of section 206 has only recently been addressed in a judgment by Judge Van Niekerk, this article focuses on this interpretation and aims to make certain recommendations with regard to the interpretation of section 206.
STATE REGULATION OF SOUTH AFRICAN INSOLVENCY LAW – AN ADMINISTRATIVE LAW APPROACH
Authors: Juanitta Calitz
Published: October 2021

Although the Constitution must inform the way legislation is interpreted by the courts, there is currently no Constitutional Court decision or secondary source which deals directly with the application of the Constitution to state regulation in South African insolvency law. With regard to the role and function of the Master as well as any future state regulation in insolvency law, certainly the most significant development within the context of the Constitution is the enactment of the Promotion of Administrative Justice Act (PAJA) which gives effect to the principles envisaged in section 33 of the Constitution. The aim of this article is not to provide a detailedexposition or comprehensive overview of constitutional and administrative law, but rather to highlight the relevance and potential impact of certain administrative law aspects on the functioning and day-to-day operation of a regulatory institution in South African insolvency law.
CULTURAL IDENTITY, TRADITION, AND THE RITUAL KILLING OF BULLS – A NOTE ON A RECENT DECISION OF THE FRENCH CONSTITUTIONAL COUNCIL ON THE LEGALITY OF BULLFIGHTING
Authors: Stephen Peté  , Angela Crocker
Published: October 2021

In a recent two-part article in this journal, the authors of this note analysed the controversy surrounding the ritual bull-killing which takes place during the Ukweshwama “first fruits” ceremony held each year in northern KwaZulu-Natal, South Africa. While much of the Ukweshwama ceremony is uncontroversial, the ritual killing of a bull by young Zulu warriors with their bare hands attracted strong opposition from certain animal-rights groups, which resulted in legal action and public controversy. The authors attempted to disentangle the different legal, historical, political and philosophical strands which combined to make up a complex story about the place of ancient rituals in the modern world, particularly those involving animal sacrifice. They also attempted to situate the controversy around the Ukweshwama bull-killing ritual within a contemporary global context, by comparing and contrasting the Zulu bull-killing ceremony on the one hand, and Spanish bullfighting on the other. The purpose of the present note is to report on recent developments in what is a global debate on the place of ancient rituals which involve the ritual killing of animals, within modern constitutional democracies. In particular, this note will examine and discuss the outcome of a recent legal challenge brought before the Constitutional Council of the Republic of France by certain animal-welfare groups in that country. The challenge was directed at bringing an end to a legal exception which operates in certain parts of the country – that is, those with an uninterrupted local tradition of bullfighting – excluding bullfighting from the provisions of animal-welfare legislation. The legal, political and cultural issues which arise as a result of this legal challenge are of relevance to those in South Africa who are concerned, one way or the other, about the future of the annual Ukweshwama bull-killing ritual in KwaZulu-Natal. Like it or not, although the bull-killing rituals which take place in the South of France and in KwaZulu-Natal South Africa are very different, the similarities between the rituals and their impact on broader society (legally, politically and culturally), are such that they cannot be ignored. The authors make a similar point in relation to the links between Spanish bullfighting and the Ukweshwama bull-killing ritual.
THE TAXONOMY OF AN “UNSPECIFIED” GROUND IN DISCRIMINATION LAW
Authors: Marié McGregor  , Wilhelmina Germishuys
Published: October 2021

This note will look into cases which have dealt with “unspecified” (or “analogous”) grounds in terms of which direct and indirect unfair discrimination are prohibited by the Constitution of the Republic of South Africa, 1996 (the “Constitution”), the Employment Equity Act 55 of 1998 (“EEA”) and the Labour Relations Act 66 of 1995 (“LRA”). The primary focus is on the classification of “unspecified” grounds in case law by briefly discussing and evaluating the correctness of these decisions.The secondary focus is on the possible expansion of these grounds (with only basic arguments set out).
THE NAMIBIAN LABOUR DISPUTE RESOLUTION SYSTEM: SOME LESSONS FROM SOUTH AFRICA
Authors: Felix Musukubili  , Adriaan van der Walt
Published: October 2021

In Namibia and South Africa respectively, there are social partners (social partners are the workers’ and employers’ organisations in terms of the ILO classification) with common and divergent short- and long-term interests. These divergent interests must be accommodated and reconciled and this process is the subject of labour law and industrial relations. However, the processes employed in Namibia and South Africa vary. The purpose of this comparative article is to highlight and explain the differences between and similarities of the two respective countries’ labour dispute-resolution systems. This comparative approach brings to bear two schools of thought, the first being the convergence school, and the second is the divergence school. The convergence school holds that the influence of industrialisation gradually brings the labour-relations systems of various countries closer to one another. The divergence school, on the other hand, maintains that labour relations are sub-systems of political systems and manifestations of prevailing social and economic conditions. Despite these perspectives above, it should not be taken for granted that systems and institutions are transplantable as it is argued that any attempt to do so may entail a wish of rejection. The reason for this view is premised on the basis that Namibia and South Africa are not identical; there are distinct differences in certain areas, such as economic development. However, the differences between the systems do not mean that Namibia cannot adopt solutions that have proved successful in South Africa or vice versa, and therefore a degree of transferability may be accepted.
OVERVIEW OF THE MARKET ABUSE REGULATION UNDER THE FINANCIAL MARKETS ACT 19 OF 2012
Authors: Howard Chitimira
Published: October 2021

This paper analyses the regulation of market abuse under the Financial Markets Act 19 of 2012 in order to investigate the adequacy of such regulation as regards to the combating of market-abuse practices in South Africa. To this end, the paper provides an overview analysis of the market abuse (insider trading and market manipulation) offences as well as the penalties and other anti-market abuse-enforcement approaches that are employed under the Financial Markets Act 19 of 2012 in a bid to provide a revamped and adequate anti-market abuse regulatory and -enforcement framework in South Africa. Moreover, where possible, the paper also provides a comparative analysis of these offences, penalties and other anti-market abuse-enforcement approaches and those that were provided under the Securities Services Act 36 of 2004. This is done to examine whether the anti-market abuse regulatory and -enforcement framework that was re-introduced under the Financial Markets Act 19 of 2012 has now adequately resolved the flaws and gaps that were associated with a similar framework under the former Act.
THE LEGAL AND REGULATORY ASPECTS OF INTERNATIONAL REMITTANCES AND THEIR IMPACT ON MIGRANT WORKERS AND ASYLUM SEEKERS IN SOUTH AFRICA
Authors: Vivienne Lawack
Published: October 2021

South Africa, being a relatively politically and economically stable African nation, offers numerous pull factors making it an attractive destination for many African, as well as international, migrants. Migrants usually leave their countries of origin to seek work opportunities in other countries. Regardless of the legality of work, migrants find the need to send money to families they have left in their country of origin. When such a need arises, the migrant worker, the low-income migrant worker in particular, often faces considerable legal as well as financial obstacles in accessing the services of formal financial institutions such as banks. As a consequence, they may have to rely on informal means to send their funds. There are numerousfactors that may drive the preference for informal markets, such as cost factors and other payment-system issues. However, this analysis examines how legal and regulatory provisions impact upon the international remittance industry in South Africa and the ability of the low-income migrant worker to access formal remittance services.
RESTORATIVE JUSTICE: BRINGING JUSTICE FOR CRIME VICTIMS?
Authors: PN Makiwane
Published: October 2021

To date, South Africa’s criminal justice system has been about crime and the punishment of offenders, and not about redress for crime victims. This can be ascribed to the nature of a criminal system that perceives crime to be a matter between the State and the accused, with the victim playing the marginal role of a witness. The retributive nature of our criminal justice has played a crucial role in the marginalization of the very person who was victimized, namely the crime victim. A number of countries have recently developed practices of restorative justice and therapeutic jurisprudence that have introduced an all-inclusive justice system that allows for participation by offenders, crime victims, their family members, the community and the State. Sadly, our country has been but tentative in its acceptance of restorative justice processes, with only a few thousands of individuals having benefitted from it since its inception. Although restorative justice is acclaimed as a system that allows for meaningful participation of victims in criminal processes, the author argues that the system favours mostly offenders, young offenders in particular, and is applied in respect of minor offences. For serious crimes, courts have been reluctant to embrace restorative justice processes, preferring to revert to the retributive system which is believed to have failed in reducing the crime rate in any country. In this article the author develops the idea that a lukewarm reception of restorative processes is detrimental to the administration of justice. It defeats the very purpose of victim involvement in the criminal justice system, and deprives the crime victim of the very benefits restorative justice is acclaimed for, namely healing and satisfaction.