bluuebunny/crossref_metadata_2025 huggingface dataset:
The relationship between foreign direct investment and GDP in Cameroon (2000–2020)
Authors:   Ural Federal University, Ekaterinburg, Russia, Numbu Levis Petiho ,   Gadget Zone 237, Yaounde, Cameroon, Belyaeva Zhanna S. ,   Ural Federal University, Ekaterinburg, Russian Federation
Published: October 2021

Relevance. In the last 20 years Cameroon has faced a series of crises. The 2035 governmental programme of recovery aims to transform the country into an emerging economy nation. The effects of the COVID-19 pandemic have slowed down economic growth in Cameroon and the country is hoping to attract foreign direct investment (FDI) and thus benefit from the new business opportunities to revitalize its economy. This context makes the research on the relationship between FDI and GDP particularly relevant. Research objective. This paper is designed to assess the relationship between GDP and FDI in Cameroon in 2000-2020. In addition, we aim to assess the scope of internationalization through FDI as a possible catalyst for economic recovery. Data and methods. The paper uses correlation and regression analysis to show the relationship between FDI and GDP. Results. The results show that FDI can increase Cameroon’s GDP and may be used as an empirical basis for policy- and strategy-making in Cameroon. Conclusions. We found a strong correlation between FDI and GDP in Cameroon for a 21-year period. This result is supported by the double effect of FDI on the national economy: FDI directly affects the investment component of GDP, but it also influences economic growth indirectly. The activities of foreign firms in Cameroon can support trade and even balance of payment, which indirectly influences the export and import component of GDP. Foreign subsidiaries both solely owned or joint ventures pay indirect taxes to the government and thus influence government spending.
Low-temperature deicing means
Authors: Kochetkov Andrey , Yankovskiy Leonid , Arganuchina Sofia , Shashkov Igor' , Bobkov Alеksandr
Published: October 2021

Low-temperature deicing means belongs to area of winter maintenance of buildings and constructions, can be applied to winter maintenance of highways, various open surfaces subject to influence or different types of manifestations of low temperatures.
The objective is reached by that in deicing means containing granules from chlorides, each of granules is executed in the form of pressed mix of chloride calcium and chloride of potassium, at a volume ratio in a granule of chloride potassium and chloride calcium from 2:1 to 4:1, thus between particles of chloride potassium and chloride calcium connecting layer from calcium chloride crystalline hydrate is placed.
Thus in a granule volume of chloride potassium makes 45-85%, the volume of waterless chloride calcium of 25-45%, thickness of a connecting layer from calcium chloride crystalline hydrate - 0,01-0,1 mm, and size of a granule makes 2-7 mm.
The declared set of signs allows to expand the range of effective application of protigololedny means, to provide its reduction in cost and efficiency of application as a component of deicing material of chloride potassium extracted on a place. The reached efficiency was expressed in expansion of temperature of application in range from 0° to -10°C in comparison with application temperature (as main component) chloride calcium (from -10°C and below).
Besides, declared deicing means allows to reduce cost of production of PGM developed from local raw materials by 20-40%.
Opto-electromagnetic Responses of Tamm Plasmon Polariton Modes in a Symbiotic Dual-Metallic architecture
Authors: Mukherjee Nilanjan , Maji Partha Sona
Published: October 2021

We report a Tamm plasmon polariton (TPP) arrangement whose design consists of a thin Silver (Ag) film which is the plasmon-active metal and lies adjacent to the distributed Bragg Reflector (DBR) structure. The DBR consists of periodically stratified layers of Ta2O5
and SiO2. TPP modes are excited through normal incidence using a white light source and we have obtained the corresponding reflectivity spectrum as a function of wavelength. The excitation spectrum is characterized by a sharp and distinguishable reflectivity dip within the photonic
band-gap of DBR. Extending this version of the idea, we have replaced the single plasmon-active metal by two metals to overrule the drawbacks of these single metals concerning their physiochemical properties like propagation length, chemical stability, and various losses during propagation
of the plasmon wave, etc. Hence, we have obtained the reflectivity characteristics for different bimetallic architecture supporting TPP resonances. Thereafter, we have also obtained the Full Width at Half Minimum (FWHM) wavelengths and Quality Factor (Q-Factor) characteristics as a function
of metal thickness for two different plasmon active metallic combinations, where the total bimetallic thickness remains constant. The shortcomings of a particular metal are nullified by the presence of the other metal with it. Such an arrangement is envisioned for the fabrication of nanoscale
smart devices like optical and biosensors having potential applications in social welfare domain like monitoring the levels of food adulteration and food safety, etc.
Air Quality Index Prediction in Realtime Using SVM based model in Machine Learning
Authors: Sinharoy Rajarshi , Sarkhel Swarnendu
Published: October 2021

The air quality index is an index to decide the situation of the air quality. The air quality index is a measure of how air pollutants impact a persons' fitness within a time period. It is a standardized degree this is used to suggest the pollutant (so2, no2, pm 2.5, pm 10, etc.) levels.
We designed a model that could estimate the air quality index based totally on ancient records of a few preceding years. The performance of this model is progressed through making use of numerous Estimation-Problem logics. Our model could be able to correctly predict the air quality index
of a complete county or any nation or any bounded area supplied with the ancient records of pollutant concentration. In our model by implementing a support-vector machine, we achieved better performance than other models and for that our model gets an accuracy of 96%. With the help of support-vector
machine, our model estimates the air quality to predict the air quality index of a given location primarily based totally on its ancient records of the pollution of a few preceding years. Our purpose is to increase a non-linear updatable version for real-time air quality index forecasting,
to doubtlessly update the models presently being used.
Inovação, Rupturas e Ciclos Econômicos em Plataformas Tecnológicas: Proposta de um Modelo de Análise
Authors: Ferreira Wilquer Silvano de Souza , Vale Gláucia Maria Vasconcellos , Bernardes Patrícia
Published: October 2021

Abstract The world has been going through many technological transformations, which affect not only the productive systems, but also the prevailing social and institutional spheres, creating a fragmented and hard to understand scenario. Different theories aim at evaluating some specific dimensions of the complex process in course at the micro- meso- and macrolevels; however, none seems to encompass the multiple dimensions of the phenomenon concomitantly. To address such research gap, we resort to adaptive theory, which, on the one hand, turns to theoretical constructs on disruptive innovation, creative destruction and economic cycles; on the other, resorts to data and information on the emergence and proliferation of platforms for collaborative consumption. Our paper brings a unified theoretical conception, allowing a more comprehensive and integrated analysis of more than one dimension of the transformation process currently in course.
A Percepção de Profissionais e Gestores da Saúde sobre a Alocação de Recursos na Atenção Primária de Municípios de Minas Gerais
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.
Contributions of Repertoires of Collective Actions in the Organization of the Populations Affected by Dams: A Study of the Itapebi Hydroelectric Power Plant
Authors: Alves Venícios Oliveira , Teixeira Maria Gracinda Carvalho
Published: October 2021

Abstract This research seeks to analyze the contributions of repertoires of collective actions in the organization of those affected by dams based on a study of the Itapebi Hydroelectric Power Plant. The repertoires of collective actions in this article are inspired by the author Charles Tilly and originate from the field of the theory of political sociology of social movements, defined as a set of forms of action in which there is political motivation. The initial assumption of the research is that the repertoires of collective actions created at the local level play a crucial role in the organization of those affected by the hydroelectric plant under study and help sustain the national demands of the Movement of Those Affected by Dams. The results of the research indicate that, through local experience, lived over the years by those involved, these repertoires have performed not only a central function in the organization of those affected in relation to compensatory issues proposals by the company responsible for the Itapebi enterprise, but also in the creation and strengthening public policies that will absorb local demands and their articulation with the national movement of the those by dams.
TRABALHANDO NA INTERSECÇÃO ENTRE AS ABORDAGENS ESTRUTURALISTA E DISCURSIVA: UMA FERRAMENTA METODOLÓGICA PARA ESTUDOS BASEADOS NA PRÁTICA
Authors: Pozzebon Marlei , Delgado Natalia Aguilar , Rodriguez Charo
Published: October 2021

ABSTRACT In this paper we propose a methodological tool that seeks to contribute to the empirical study of practices in organization studies. There is a need for innovating and improving analytical tactics for theorizing about practice, particularly for helping connect localized social interactions to broader contexts. We propose the “temporal bracketing of discourses” tool and provide a detailed example that empirically illustrates its application.
FATORES ASSOCIADOS A RETENÇÃO E INTENCIONALIDADE DE EVASÃO NOS CURSOS DE FARMÁCIA DE UMA UNIVERSIDADE PÚBLICA DO NORDESTE BRASILEIRO
Authors: Alves Cunha João Paulo , Gois dos Santos Lívia , Araújo Tavares Thaís Maria , De Jesus Querino Josefa , Souza Anacleto de Araújo Dyego Carlos , Menezes da Cunha Barros Izadora , Rezende Mesquita Alessandra , De Carvalho Brito Giselle
Published: October 2021

O estudo objetivou avaliar possíveis fatores associados à retenção e à intencionalidade de evasão do curso de Farmácia de uma Universidade Pública do Nordeste. Trata-se de um estudo transversal realizado entre julho a dezembro de 2019 com estudantes dos dois cursos de graduação em Farmácia, da Universidade Federal de Sergipe. Para a coleta de dados utilizou-se um instrumento que contemplava: 1) Dados Sociodemográficos e; 2) Fatores ligados à intencionalidade de evasão questões, sobre trancamento e reprovação em módulos / disciplinas. Participaram da pesquisa 335 estudantes, sendo 132 do campus Lagarto e 203 estudantes de São Cristóvão.Destes, 69,30% (n = 232) eram mulheres, a maioria (81,20%) apresentava idade entre 18 e 24 anos, 60,90% (n = 204) se autodeclaram pardos, 96,70% eram solteiros e 5,10% (n = 17) possuíam filhos. Quanto a reprovação e intencionalidade de evasão, 176 (52,50%) afirmaram já ter reprovado e 62,10% (n = 208) a intenção de desistir do curso.Entre os fatores que impactam na intencionalidade da evasão destacou-se: “horário das disciplinas ofertadas”, “matriz curricular”, “metodologia de ensino”, “forma de avaliação”, “relação entre aluno e professor / coordenador”, “relações interpessoais ”,“ Assistência aos alunos ”,“ baixa renda do profissional ”,“ dificuldades financeiras ”,“ falta de habilidades de estudo ”,“ dificuldade de adaptação à universidade ”,“ desencanto ou desmotivação com o curso ”,“ dificuldades de aprendizagem, traduzidas em reprovação e baixa frequência ”,“ inadaptação com o curso ”e“ problema de saúde mental ”. Os resultados reforçam a necessidade de aplicar que subsidiem os estudantes durante a graduação,
Personalized treatment with retigabine for pharmacoresistant epilepsy arising from a pathogenic variant in the KCNQ2 selectivity filter
Authors: Nissenkorn Andreea , Kornilov Polina , Peretz Asher , Blumkin Lubov , Heimer Gali , Ben‐Zeev Bruria , Attali Bernard
Published: October 2021

Objective. Mutations in the KCNQ2 gene, encoding the voltage‐gated potassium channel, Kv7.2, cause neonatal epilepsies. The potassium channel opener, retigabine, may improve epilepsy control in cases with loss‐of‐function mutations, but exacerbate seizures in cases with gain‐of‐function mutations. Our aim was to describe a patient with a KCNQ2 mutation within the K+‐selectivity fi lter and illustrate how electrophysiological analysis helped us to implement personalized treatment.

Methods. Medical history of a patient with severe neonatal epileptic encephalopathy was recorded. Diagnosis was reached by whole‐exome‐sequencing. The pathogenic variant was expressed in Chinese hamster ovary cells, and patch‐clamp studies were performed, directing therapy.

Results. A seven‐year‐old male presented with neonatal seizures, progressing to hundreds of seizures/day without developmental milestones. Whole‐exome sequencing revealed a pathogenic variant, p.Gly281Arg, in the KCNQ2 gene, located within the ion selectivity fi lter of the pore, predicted to cause loss‐of‐function of Kv7.2, not affected by retigabine. Patch‐clamp analysis revealed no current with the mutant homomer and reduced current with heterotetramer (KCNQ2WT/KCNQ2G281R/KCNQ3WT) channels, consistent with a dominant‐negative effect. Addition of 5 m M retigabine did not produce a current with the mutant homomer, but increased current with the heterotetramer (V50:−30.4 mV vs. −51.3 mV). Following these results, retigabine at 15 mg/kg was administered off‐label, prompting a 90% seizure reduction. Drug withdrawal, imposed by revocation of marketing authorisation for retigabine, caused 50% increase in seizure burden.

Significance. Retigabine may be used for precision therapy in patients with KCNQ2‐related epilepsy due to loss‐of‐function variants. It is imperative to reintroduce safe marketing of retigabine for selected patients as personalized treatment.
Ictal vocalizations are relatively common in myoclonic‐atonic seizures associated with Doose syndrome: an audio‐video‐polygraphic analysis
Authors: Oguni Hirokazu , Hirano Yoshiko , Ito Susumu , Nishikawa Aiko , Otani Yui , Nagata Satoru
Published: October 2021

Objective. The aim of this study was to investigate ictal vocalizations associated with myoclonic (MS) and myoclonic‐atonic seizures (MAS) in patients with myoclonic epilepsy in infants (MEI) and epilepsy with myoclonic‐atonic seizures (EMAS, Doose syndrome), respectively.

Methods. Subjects were retrospectively recruited among patients with MEI and EMAS for whom ictal video‐polygraphs were recorded between 1990 and 2019. We reviewed all MS and MAS in order to estimate how often they were associated with vocalizations, and analyze the temporal relationship between vocalizations and spike‐wave complexes (SWCs) and myoclonic EMG potentials based on simultaneous examination of the polygraphs and sound signals.

Results. Ictal video‐polygraphs from 15 patients with MEI (2–34 MS per patient) and 26 with EMAS (2–26 MAS per patient) were examined. Ictal vocalizations were audible in two patients with MEI (11%; 3–18 MS per patient) and nine with EMAS (35%; 2–11 MAS per patient). Sounds were always non‐speech and were immediately followed by head or body dropping in the case of MAS. Detailed analysis based on simultaneous and synchronous examination of video‐polygraphs and sound signals in one patient with MEI and five patients with EMAS demonstrated that the onset of the ictal vocalizations corresponded to that of the myoclonic EMG potentials and negative spike components of SWC. Comparison of the length of myoclonic EMG potentials as well as the strength of drop seizures between MAS with and without vocalizations revealed that MAS with vocalizations were associated with longer myoclonic EMG potentials and stronger drop seizures than MAS without vocalizations (p<0.05), suggesting that the vocalizations result from strong contraction of axial muscles.

Significance. Ictal vocalizations due to massive motor seizure activity are a relatively common finding in MAS in Doose syndrome, which may help in the differential diagnosis of epileptic drop attacks.
A case of repetitive seizures following immune checkpoint inhibitor therapy as a feature of autoimmune encephalitis
Authors: Takebayashi Yoshiko , Neshige Shuichiro , Hayashi Tetsutaro , Aoki Shiro , Ueno Hiroki , Iida Koji , Maruyama Hirofumi
Published: October 2021

Pembrolizumab, an immune‐checkpoint inhibitor (ICI), is a humanized monoclonal antibody that binds to programmed cell death‐1 receptor (PD‐1) and thereby inhibits binding to its ligand, which inhibits the suppression of activated T cells by cancer cells, resulting in enhancing antitumour immunity. Although several cases of encephalitis have been reported as immune‐related adverse effects of ICIs, epilepsy has not been reported following ICI treatment. We describe the case of an elderly woman with bladder carcinoma who experienced two episodes of generalized seizures after treatment with pembrolizumab. The episodes were atypical of encephalitis, because the seizures were completely responsive to AEDs and the CSF parameters normalized completely without immunotherapy. Since interictal EEG revealed persistent epileptic discharges after the seizures, pembrolizumab was considered to have induced a chronic state of epileptogenicity as the possible pathology, with a clinical picture similar to that of autoimmune epilepsy. The possibility that ICIs may cause an immune‐related adverse effect, such as a chronic epileptic condition, should be considered, since ICIs are used widely.
Ictal fear during parietal seizures
Authors: Yaşgüçlükal Miray Atacan , Makhalova Julia , Carron Romain , Bartolomei Fabrice
Published: October 2021

Ictal fear is characterized by a subjective sensation of fear and consistent clinical manifestations during seizures. This phenomenon is rarely observed in parietal seizures. We report anatomical electroclinical correlations between an SEEG‐recorded seizure and prominent fear semiology. The seizure onset zone was quantified using the Connectivity Epileptogenicity Index (cEI) method. Occurrence of fear during seizures was related to the involvement of the left inferior parietal cortex and the superior temporal gyrus without amygdala involvement. Our case confirms that parietal seizures can produce ictal fear without concomitant involvement of the limbic temporal network.
Unilateral catalepsy in non‐convulsive status epilepticus
Authors: Orlando Biagio , Morano Alessandra , Irelli Emanuele Cerulli , Fanella Martina , Giallonardo Anna Teresa , Di Bonaventura Carlo
Published: October 2021

Catalepsy is defined as a loss of motor and it is listed among the clinical features associated with catatonic syndrome and may occur in association with both psychiatric and neurological disorders. Isolated catalepsy represents a much rarer phenomenon, and has been occasionally reported due to focal brain injuries (e.g. strokes) involving either cortical or subcortical regions. Here, we describe the case of an 81‐year‐old man presenting with isolated unilateral catalepsy as the main manifestation of focal non‐convulsive status epilepticus, ipsilateral to the cataleptic limbs. To our knowledge, this is the first report of ictal catalepsy, which highlights the need to consider epilepsy in the diagnostic algorithm for both hyper‐ and hypokinetic movement disorders.
Beneficial effects of the ketogenic diet on drug‐resistant epileptic encephalopathy associated with a de novo NBEA pathogenic variant
Authors: Schiavoni Silvia , Spagnoli Carlotta , Rizzi Susanna , Salerno Grazia Gabriella , Frattini Daniele , Pisani Francesco , Fusco Carlo
Published: October 2021

Although neurobeachin (NBEA) de novo genetic variants have been mainly reported in patients with neurodevelopmental disorders (NDD), they have also been recently associated with early childhood epilepsy. We report an 11‐year‐old boy who was first evaluated at 34 months of age because of drug‐resistant epileptic encephalopathy. He also had developmental delay and prominent autistic features. Whole‐exome sequencing (WES) disclosed a pathogenic NBEA c.5258_5279del, p.(Ala1753Valfs*13) variant, occurring de novo and a paternally‐inherited heterozygous NBEA c.416T>C p.(Met139Thr) variant of uncertain significance (VUS). The patient showed good response to the ketogenic diet, suggesting that this therapy may be an effective option for patients with seizures who carry NBEA variants.
Dendrometric variables and traumatic resin ducts in pine species associated with wood-stripping: a traditional practice in the conifer forests of Central Mexico
Authors: Díaz-Carranza Guadalupe , Andrés Hernandez Agustina Rosa , Guillén Susana , Rivas-Arancibia Sombra Patricia , Montoya Esquivel Adriana
Published: October 2021

Background: In La Malinche National Park (LMNP), Pinus species are exploited mainly because they are a non-woody source of products such as ocote (resinous wood chips) and wood.  
Questions/Objective: Which Pinus species are subjected to wood-stripping (WS) in the LMNP? What are their dendrometric characteristics? Do WS trees present traumatic resin ducts associated with the ocoteo practice? Does the number of trees subjected to WS increase with altitude?
Study site and dates: La Malinche National Park; Tlaxcala, México, 2017-2018.
Methods: Random stratified sampling was done in a total of 33 plots in three different altitudes to quantify the number of damaged and undamaged trees and the total height and diameter per tree in each plot. Increment borers were obtained to estimate tree age, samples were taken for taxonomic determination, and tissue samples to evaluate mechanical damage.
Results: Pine species subjected to wood-stripping (ocoteo) were P. leiophylla, P. montezumae, P. pseudostrobus, and P. teocote, with P. montezumae being the most affected in high and mid altitudes. WS trees were those with the greatest diameter and with the largest number of traumatic resin ducts. The species having the highest number of traumatic resin ducts was P. teocote.
Conclusions: WS intensity in the LMNP is greater in the mid and low altitudes and in trees of greater diameter, height, and age. The species most affected by WS is P. montezumae and all WS individuals have a significantly higher number of traumatic resin ducts.
“TRUE” JURISDICTIONAL QUESTIONS AND THE IRRELEVANCE OF A CERTIFICATE OF OUTCOME Bombardier Transportation (Pty) Ltd v Mtiya NO [2010] 8 BLLR 840 (LC)
Authors: Avinash Govindjee  , Adriaan van der Walt
Published: October 2021

In the context of proceedings before the Commission for Conciliation, Mediation and Arbitration (“the CCMA”), the concept of “jurisdiction” generally refers to the authority of the CCMA to conciliate and arbitrate disputes between parties. The CCMA is an independent statutory body established in terms of section 112 of the Labour Relations Act 66 of 1995 (“the LRA”). It does not enjoy the wide powers of inherent jurisdiction and, furthermore, does not derive its jurisdiction from the common law, performing only the functions indicated by labour-related statutes such as the LRA. If there is a dispute about the fairness of a dismissal, or a dispute aboutan unfair labour practice, the dismissed employee or the employee alleging the unfair labour practice may refer the dispute in writing to the CCMA if no bargaining council has jurisdiction. Such a referral must generally be made within 30 days of the date of a dismissal or within 90 days of the date of the act or omission which allegedly constituted the unfair labour practice. The CCMA must attempt to resolve such a dispute through conciliation. If a commissioner has certified that the dispute remains unresolved, or if 30 days have expired since the CCMA received the referral and the dispute remains unresolved, the CCMA must arbitrate the disputes referred to in section 191(5)(a) upon request. Given the wording of such provisions, it is unsurprising that employers have requested conciliating commissioners to make in limine rulings on matters pertaining to the nature of the dispute (including whether or not the case involves a “dismissal” at all), time limits and applications for condonation and the identity of the parties (in particular, whether the applicant meets the definition of an “employee”). Section 192(1) of the LRA may support the validity of such a request at conciliation. It states that in any proceedings concerning any dismissal, the employee must establish the existence of the dismissal. Such an approach raises a number of questions. For example, are such matters really best dealt with as a point in limine prior to any attempt being made to conciliate the matter, or should they form part of the evidence at arbitration in cases where the dispute could not be conciliated? In addition, what is the effect on jurisdiction of a conciliating commissioner’s certificate of outcome indicating that a dispute remains unresolved? Such matters were raised for adjudication in Bombardier Transportation (Pty) Ltd v Lungile Mtiya NO (Unreported Case No. JR 644/09, Labour Court) (“Bombardier”).
A CRITICAL ASSESSMENT OF THE INTRODUCTION OF PROPORTIONAL ANALYSIS BY THE SOUTH AFRICAN COURTS IN CIVIL-FORFEITURE JURISPRUDENCE
Authors: Nkululeko Christopher Ndzengu  , John C von Bonde
Published: October 2021

This article deals with civil forfeiture in terms of the Prevention of Organised Crime Act1 (POCA) and considers the jurisprudential development of the instrumentality and exclusion analyses, considering in particular the newly introduced and limiting thirdstage, namely proportionality analysis. South African courts, appreciating the objectives of civil forfeiture, have utilized the Constitution to cushion its effects on property and liberty rights by implementing the proportionality analysis as a third criterion. The article also considers the call made by certain authorities that existing legislation ought to be amended in order to codify extant judicial precedent in this regard. In conclusion, it is recommended that civil forfeiture in South Africa should continue along the lines of the three-staged approach that has crystallized in practice by applying an approach incorporating instrumentality, exclusion and proportionality analyses.
AN ESTATE AGENT’S CLAIM FOR PAYMENT OF COMMISSION, PARTIAL COMMISSION, DAMAGES, PENALTIES AND A QUANTUM MERUIT
Authors: Henk Delport
Published: October 2021

Estate agents often become engaged in disputes regarding remuneration, and their legal representatives need to have a clear understanding of the remedies that are available in the circumstances and the different causes of action that can form thebasis of a claim. The traditional claim is one for payment of commission, based on common law, on the grounds that the estate had performed the mandate. This requires proof that the estate agent was the effective cause of the transaction contemplated bythe mandator. A commission claim may also be based on a stipulatio alteri contained in a sale agreement negotiated by an estate agent, in which event only the terms of the stipulatio (express or implied) need to be established. The stipulatio may be worded to the effect that commission would be payable regardless of whether or not the estate agent was the effective cause of the sale. In certain instances the claim would be a claim for damages, not commission, requiring proof of the damages suffered. Claims for the enforcement of a penalty clause are subject to the Conventional Penalties Act 15 of 1962. A claim based on enrichment is a possibility in certain, rare instances. Generally an estate agent’s claim would be a claim for the full commission (or damages in lieu of commission), but a claim for payment of a portion of the commission is nevertheless possible in certain instances.
TRANSITIONAL PROSPECTING RIGHTS: A MORATORIAL ESCORT ACROSS THE BRIDGE? De Beers Consolidated Mines Ltd v Regional Manager, Mineral Regulation Free State Region: Department of Minerals and Energy Case 1590/2007 (OPD) Unreported (15-05-2008) (“De Beers (2)
Authors: PJ Badenhorst
Published: October 2021

On 1 May 2004 the Mineral and Petroleum Resources Development Act 28 of 2002 (MPRDA) not only introduced a new mineral law regime in South Africa but also made provision in the transitional arrangements of Schedule II to the MPRDA for the conversion of so-called “old-order rights” into (or application for) prospecting or mining rights in terms of the MPRDA. This decision dealt with the duration or term of transitional prospecting rights and the remedies available to a holder of an “old-order prospecting right” upon refusal by the state functionaries to convert the right into a prospecting right in terms of the MPRDA. Item 6 of the transitional arrangements makes provision for the continuation and conversion of “old-order prospecting rights”.
STATE LIABILITY FOR FINAL COURT ORDERS SOUNDING IN MONEY: AT LONG LAST ALIGNMENT WITH THE CONSTITUTION
Authors: Nic JJ Olivier  , Clara Williams
Published: October 2021

Since the commencement of the State Liability Act 20 of 1957 the (until 2011) prevailing legislation rendered it almost impossible to satisfy judgment debts sounding in money against the State. There has been a continuous struggle in South Africa “to reach a balance between State immunity from tort liability and government accountability to the State’s citizens”. The State Liability Amendment Act of 2011 (following on the Constitutional Court’s decision in Nyathi v MEC for Department of Health Gauteng 2008 5 SA 94 (CC)) will enable judgment creditors to obtain effective relief against the State.
SOCIAL WORK AND CHILD LAW IN SOUTH AFRICA – A LEGAL PERSPECTIVE
Authors: Gugulethu Nkosi
Published: October 2021

The newspaper headline “Dad Loses Kids Over Lobola Debt” graced the media a year ago. In this case (Knowledge Kgaugelo Majola v Gauteng Department of Health and Social Development; Jabulani Place of Safety; the Minister of Safety and Security;and Cynthia Mosia, case number: 1786/11 (unreported), hereinafter “the Majola case”) two toddlers were removed from the care of their father, the applicant, ten days after the burial of their mother. The basis for their removal was that their father had not rendered an amount of money outstanding towards ilobolo. The toddlers’ mother died before this amount could be settled. After removal, the children were initially placed in the care of their aunt and later moved to a state-care facility. The social worker involved informed thefather that the children would not be returned to him unless he settled the outstanding ilobolo. The court ordered the first and second respondents to return the minor children to the care and custody of the applicant. The court ruled that the conduct by the police and the department of social services of removing the children from the care of their father was unlawful. It further ordered the social worker involved to furnish reasons why she should not be reported for unprofessional conduct. This case has triggered concerns about the responsibility carried by social workers of applying the law, specifically law relating to children, when executing theirduties. This paper seeks to consider social work and the law in the light of the case highlighted above.
COMPROMISE, UNDUE INFLUENCE AND ECONOMIC DURESS Gerolomou Constructions (Pty) Ltd v Van Wyk 2011 (4) SA 500 (GNP)
Authors: CJ Pretorius  , R Ismail
Published: October 2021

The matter of Gerolomou Constructions (Pty) Ltd v Van Wyk (2011 (4) SA 500 (GNP)) alludes to two rather problematic aspects of the law of contract: on the one hand it demonstrates that practically speaking the question of what constitutes an enforceable agreement of compromise is still no easy matter, and despite the sound judgment delivered recently by the Supreme Court of Appeal in Be Bop A Lula Manufacturing & Printing CC v Kingtex Marketing (Pty) Ltd (2008 (3) SA 327 (SCA)), it seems that the judiciary’s interpretation as to when an offer of compromise exists remains difficult to predict. On the other hand the Gerolomou decision deals with improperly obtained consensus by way of undue influence, whereas the facts actually fit more comfortably into the niche of so-called economic duress, a form of procedural impropriety that has yet to be recognized as an independent ground for setting aside a contract in our law. This case note examines these issues against the backdrop of the manner in which the case was pleaded.
THE DEAD TEACHING THE LIVING – BODY WORLDS
Authors: Magda Slabbert  , Bonnie Venter
Published: October 2021

The Body Worlds exhibition takes the visitor through a journey of more than 200 specimens. These various skinless full body plastinates are posed in different positions to display how the human body works; they vary from the chess player with his brain split open to display the brain “in action”, the runner with his muscles falling off the bones to display the working of the muscles in athletics and the controversial pregnant woman with her womb cut open to show her eight month old foetus. Von Hagens the creator of Body Worlds believes his exhibition is educational – educating the masses. Since the first exhibition of Body Worlds there has been rigorous debate on whether the display is a violation of human dignity or not. This aspect is discussed in the article. In conclusion the process regarding donating a complete dead body in South Africa is highlighted and the question is answered whether a South African citizen could legally donate his or her body to a Body Worlds display.
BUSINESS RESCUE: DO EMPLOYEES HAVE BETTER (REASONABLE) PROSPECTS OF SUCCESS? COMMENTARY ON Employees of Solar Spectrum Trading 83 (Pty) Limited v AFGRI Operations Limited (North Gauteng High Court, Pretoria (unreported) 2012-05-16 Case no 6418/2011; 18624
Authors: WJC Swart
Published: October 2021

In this case note the author will give a brief overview of the facts and judgment of the Solar Spectrum case. The author will then proceed to analyse and comment on some of the important aspects of the judgment. The author will specifically focus on the court’s approach to the phrase “reasonable prospect for success …” in balancing the interests and rights of creditors against those of the applicant, which were in this case the employees of the second respondent.
DETERMINATION OF CRIMINAL CAPACITY FOR CHILD OFFENDERS – INTERFACING THE PROCEDURAL REQUIREMENTS OF THE CHILD JUSTICE AND CRIMINAL PROCEDURE ACT
Authors: Michelle Karels  , Letitia Pienaar
Published: October 2021

This submission considers the effect of the doli incapax presumption contained in the Child Justice Act on the procedural reality of South African child-justice process. We further consider Chapter 13 of the Criminal Procedure Act as it pertains to child offenders, both those considered rebuttably incapax, and those to whom the question of age-based capacity do not apply. We conclude that the doli incapax provisions, when interfaced with the tenets of the Criminal Procedure Act, that address mental pathology, are incompatible in so far as they pertain to child justice.
A CASE FOR TITLE INSURANCE IN THE SOUTH AFRICAN PROPERTY- REGISTRATION SYSTEM
Authors: Maphuti Tuba  , Edith Mbiriri
Published: October 2021

Land and interests in land have traditionally been man’s most basic forms of wealth. As a result, many elaborate legal systems have evolved to protect this wealth and the rights associated with it. This has led to the establishment of the most recognized land registration systems, namely the title registration system (known as the Torrens system) and the deeds registration system. Both of these systems provide owners of land and lenders with protection regarding property ownership and financial interests in land. South Africa has chosen to adopt the deeds registration system with some elements of the title registration system. This system is hailed as among the best in the world, simply because the validity of ownership and interests in land are the responsibilities of conveyancing practitioners and land registration officials. However, such protection is not fully guaranteed. This paper discusses the possibility of introducing title insurance – a form of indemnity insurance which insures a person against financial loss from defects in title to immovable property and from the invalidity or unenforceability of mortgage liens – to protect the financial interests of both land owners and lenders in the property.
REVISITING AN OLD FRIEND: WHAT CONSTITUTES “A MATTER OF MUTUAL INTEREST” IN RELATION TO A STRIKE? A TALE OF TWO RECENT CASES Pikitup (SOC) Ltd v SA Municipal Workers Union on behalf of Members (2014) 35 ILJ 983 (LAC); and Vanachem Vanadium Products (Pty)
Authors: Monray Marsellus Botha
Published: October 2021

The purpose of the Labour Relations Act 66 of 1995 (the LRA) is to advance economic development, social justice, labour peace and democratization of the workplace. The primary objects of the LRA, inter alia, include the following: “to provide a framework within which employees and their trade unions, employers and employer’s organisations can (i) collectively bargain to determine wages, terms and conditions of employment, and other matters of mutual interest; and (ii) formulate industrial policy”, and “to promote orderly collective bargaining [and] (ii) collective bargaining at sectoral level”. The LRA in its purpose provision also makes provision for the advancement of the effective resolution of labour disputes and employee participation in decision-making in the workplace. Central to collective bargaining is the right to strike and the recourse to lock-out, respectively available to employees and employers. The collective-bargaining system has since 2007 become increasingly adversarial as “a decline in negotiating capacity, the re-emergence of non-workplace issues negotiations, and the rise of general mistrust between the parties” as the key factors contributing to the worsening of the collective bargaining is evident. The focus on strikes, has unfortunately, not been positive, as some industries have been plagued by violent, and/or unprotected and sometimes protected strike action that carries on for long periods of time. The focus of this case note is, however, not to look at the latter categories of strikes but rather to discuss a very contentious issue related to strike action: What constitutes mutual interest with reference to strikes? Two recent cases (Pikitup (SOC) Ltd v SA Municipal Workers Union on behalf of Members (2014) 35 ILJ 983 (LAC); and Vanachem Vanadium Products (Pty) Ltd v National Union of Metal Workers of SA Case No J 658/14) will be evaluated against the backdrop of existing literature and case law on this issue.
Uluabat Gölü Su Kirliliğine Bağlı Olarak Cyprinus carpio ve Silurus glanis’teki Genetik Hasar Düzeyinin Belirlenmesi
Authors: BERBER Ahmet Ali , EMRE Nesrin , GÜNEŞ Merve , YALCİN Burcin , PAK Faruk , AKTAŞ Özgür , BULUT Cafer , AKSOY Hüseyin , EMRE Yılmaz , KAYA Bülent
Published: October 2021

Yeryüzünde gerek insan gerekse suda yaşayan organizmaların yaşamlarının devamlılığı açısından temiz su kaynakları giderek azalmaktadır. Tarımsal faaliyetler, sanayi atıkları ve evsel atıklardan kaynaklı gibi birçok kirletici suların kirlenmesine neden olmaktadır. Farklı kaynaklardan sulara karışan toksikantlar nedeniyle sularda yaşayan organizmalarda çeşitli genetik hasarlar ortaya çıkabilmektedir. Genetik materyaldeki hasarlar, sucul organizmaların adaptasyon kapasitesinde düşüş ve avcıdan kaçış gibi davranışlarda yetersizlik gibi yaşamsal önemde sorun yaratabilmektedir. Bu nedenle, organizmanın hayatta kalabilme yeterliliğinin korunabilmesi için genetik materyalin stabilitesi önemlidir. Bu çalışmada Uluabat Gölü’ndeki genotoksik potansiyel, farklı lokaliteden toplanan Cyprinus carpio (Sazan balığı) ve Silurus glanis (Yayın balığı) üzerinde tek hücre alkali jel elektroforezi (KOMET) ve mikronukleus (MN) teknikleri ile değerlendirilmiştir. Elde edilen sonuçlara göre Uluabat Gölü’nde ilkbahar ve yaz mevsimlerinde alınan kan örneklerindeki genotoksisite potansiyeli kış mevsimine göre yüksek bulunmuştur. Ayrıca su ve sedimente ait 9 farklı ağır metalin (Pb, Cd, Hg, As, Ni, Cr, Cu, Zn ve Mn) birikim düzeyleri analiz edilmiştir. Balık dokularında yapılan analiz sonuçlarına göre Hg kasta, As ve Zn böbrekte, Pb, Cd, Ni, Cr, Cu ve Mn karaciğerde daha fazla birikim gözlenmiştir.
Почему ученики не любят школу?
Authors: Уиллингем Дэниел
Published: October 2021

Ученый-когнитивист Дэниел Уиллингем добился выдающихся успехов в исследованиях, посвященных изучению биологических и когнитивных основ обучения. В этой книге он объясняет, как думают и усваивают новый материал учащиеся, а также делится практическими рекомендациями, которые помогут преподавателям совершенствовать методы обучения. Автор раскрывает важную роль, которую играют в овладении знаниями и приобретении учебного опыта истории, эмоции, память, контекст и последовательности действий. Издание адресовано преподавателям, исследователям школьного образования, родителям, психологам, а также всем, кого интересуют проблемы обучения в школах.
Impact of colchicine on leaf morphology and stomatics of Kalanchoe tubiflora (Harv.) Raym.-Hamet (Crassulaceae)
Authors:   Universidad Francisco de Paula Santander, Salazar Mercado Seir Antonio , Quintero Caleño Jesús David ,   Universidad Francisco de Paula Santander, Bustos Urbano Víctor Jhoel ,   Universidad Francisco de Paula Santander
Published: October 2021

The demand of medicinal plants for consumption is greatly increasing worldwide. The conventional breeding programs are generally dependent on the environment prone to biotic and abiotic stresses. These added to the low content of secondary metabolites at harvest, bring the need for artificial development of polyploid individuals as an alternative to increase productivity. Consequently, the present study evaluated the effect of different colchicine concentrations and exposure time, on Kalanchoe tubiflora leaf morphology and stomata. Initially, K. tubiflora seedlings were harvested and submitted to colchicine concentrations of 0, 0.025, 0.05 and 0.1 % and at two exposure times (24 and 48 hours). Subsequently, morphological measurements such as plant height, leaf width, leaves number, leaf length, leaf thickness and leaf volume every 15 days were made for 16 weeks after planting. Then, the stomata were characterized, taking into account the width, length, stomatal index and the number of chloroplasts per stoma. A significant increase in leaf morphology was found in colchicine treatments of 0.025 % at 48 h and 0.1 % at 24 h. A significant increase in stomatal morphology with the treatment of 0.025 % at 24 h was also recorded. This shows that the correct application of colchicine in term of quantity and time could produce greater growth in a short period and increase the biomass of K. tubiflora medicinal plant.
Biological collections: An inventory of Russian Far East section in I.M. Krasnoborov Herbarium (NS)
Authors:   Central Siberian Botanical Garden SB RAS, Gatilova Evgeniya A. , Han Irina V. ,   Central Siberian Botanical Garden SB RAS, Kovtonyuk Nataliya K. ,   Central Siberian Botanical Garden SB RAS
Published: October 2021

A complete inventory of the Russian Far East section of the vascular plants collection stored at the Krasnoborov Herbarium (NS) of the Central Siberian Botanical Garden SB RAS was made. As a result, 4423 unrecorded herbarium sheets and 457 previously unregistered species were added to the collection. Type specimens of 4 taxa which had been described from the Russian Far East were found and digitized: Anemone tamarae Kharkev., Chrysosplenium schagae Kharkev. & Vyschin, Potentilla anjuica V.V. Petrovsky и Tephroseris schistosa (Kharkev.) Barkalov. The updated catalogue of the collection, consisting of 3248 taxa, was published on the Global Biodiversity Information Facility portal, GBIF.org. A taxonomic and historical analysis of the collections, as well as a list of the leading collectors, is presented.
CONFLICT OF LAWS ASPECTS OF INTERNATIONAL BONDS TRANSACTIONS
Authors: Vygovskyy O.I.
Published: October 2021

Abstract. This article examines conflict of laws issues related to issue and circulation of international bonds at international capital markets. It covers characteristic features of international bonds as financial instruments used for raising capital from sophisticated investors which determine, in particular, peculiarities of solving conflict of laws issues. These issues include determination of the law applicable to the formal and essential validity of an international bond, the rights and liabilities as between the issuer and the holder of the international bonds, legal status of a holder of such bonds, the questions of whether a holder obtains full title from a transferor and how title is to be transferred, and whether the transferee obtains title subject to or free from any defects in title of the transferor. The author specifies possible solutions of this conflict of laws puzzle that may include different competing legal systems. He argues that in common law and some other jurisdictions the fundamental lex voluntatis principle may also be applicable to international bonds due to their contractual nature resulting in possibility to choose the governing law for the bonds. The conventional approach as to the proprietary issues of the bonds refers to the lex situs of these securities as the governing law for these issues. The conclusions formulated at the end of the article present the author’s personal attitude towards legal solution of the problems related to determination of the applicable law for international bonds.
Key words: international bonds, conflict of laws, issuer, governing law, lex voluntatis.
Primer reporte de carbapenemasa tipo KPC en Pseudomonas aeruginosa en un hospital del Perú
Authors: Salvador-Luján Gina , Ramírez-Illescas Juan , Delgado-Flores Miluska , Núñez-Llanos Alicia , Mayta-Barrios Maritza
Published: October 2021

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