bluuebunny/crossref_metadata_2025 huggingface dataset:
Keeping the Frontier: Steps “Towards Neolithization” in the Eastern Gulf of Finland
Authors: Gerasimov Dmitriy V.
Published: October 2021

This article is an attempt to understand the driving forces behind the process of Neolithization in the Eastern Europe Forest zone, where the consumption economy existed till the Bronze or even till the Early Iron Age. Main peculiarities of the sociocultural development in the eastern part of the Gulf of Finland region (EGF) on the transition from Mesolithic to farming societies (sixth – first ka. BC) are discussed in relation to the changes in material culture, subsistence strategy, communication system and settlement pattern. The process of neolithization lasted there for several thousand years. Overview of the dynamics of the social and cultural development in the region revealed several phases of substantial changes in archeological materials (presumably reflecting considerable sociocultural changes). These changes happened later than in the neighboring territories and were preceded by dramatic environmental transformations that affected prehistoric communities in the coastal zone. For the population of the region, innovations could be considered as not “steps toward,” but “retreat in the face of” neolithization. Resistance of the population of EGF to the innovations could be based on environmental conditions that were extremely favorable for hunter–gatherers’ subsistence, but made farming (especially early farming) rather risky.
Climatology of transport and deposition of atmospheric substances of different intensity on the southern Primorye territory by using the meteorological reanalysis data and observations at EANET monitoring station
Authors: Gromov Sergey A. , Lai Senchao , Galushin Dmitry A. , Zhigacheva Ekaterina S. , Alexandrova Maria S.
Published: October 2021

The article presents an analysis of air masses and precipitation transport to the area of EANET monitoring station in Russian Primorsky Krai (Primorskaya) during the warm seasons (June–October) for the period 2013–2018. The relative contributions of chemical compounds transfer from marine or continental regions were defined. The probability of sulfate and nitrate concentration values in precipitation was calculated separately in line with backward trajectory sectors. Obtained information is used for estimating contributions of marine and continental sources into wet deposition fluxes onto the Russian Far East areas.
A Case for Extreme Climate Action
Authors: Woodhouse Keith Makoto
Published: October 2021

A new book addresses the political, moral, and strategic questions raised by acts of property destruction aimed at curbing the use of fossil fuels. The book argues that the magnitude of the climate crisis requires more confrontational methods to force necessary changes. The review considers these arguments in light of previous examples of environmental radicalism.
Ludomusicology
Authors: Fernández-Cortés Juan Pablo
Published: October 2021

In the past two decades, the study of video game music has come into its own and gained acceptance in the academic community. This subdiscipline, now commonly referred as ludomusicology, is still attempting basic questions concerning how it can be researched. This article aims to present the current situation and to reflect about some of the main lines of research related to the music of video games and their culture, a field of ongoing research that has received little attention in Hispanophone academia up to the present time.

This article was originally published in Anuario Musical 75 (2020): 181–99 and has been translated for the Journal of Sound and Music in Games. https://doi.org/10.3989/anuariomusical.2020.75.09
A produção da Pöbel: uma interpretação
Authors: Da Conceição Felizardo Marcus Vinicius
Published: October 2021

Texto não publicado do começo do período de Hegel em Iena, A Constituição da Alemanha (1799-1802), analisou o longo processo de degradação que o Império Alemão sofreu na virada para o século XIX e o relacionou ao aparecimento de um “espírito burguês” (Bürgergeist), isto é, de uma esfera autônoma de interesses que se constituiu fundamentalmente sob o signo do comércio.  Tentaremos primeiramente encontrar alguns fios de continuidade entre esses elementos e o conceito de sociedade civil na Filosofia do Direito (1820) para, em seguida, entrarmos na nossa questão fundamental, o “problema que atormenta a sociedades modernas”: a produção social da pobreza e de uma franja social inorgânica que atua, inclusive, contra o Estado, a Pöbel, tentando compreendê-la como uma contradição imanente da sociedade civil, como Hegel tenta solucioná-la e as implicações históricas destas soluções.
Where Is My Homeland?: The Pilgrimage of Marcela Sulak
Authors: Livingstone David
Published: October 2021

This essay examines the literary output of Marcela Sulak, a Texas‑born Czech poet and academic now living and working in Tel Aviv, Israel. There is a focus not only on her recently published memoir, but on her poetry and her translations of two Czech classics (Mácha and Erben) into English. The primary interest of the essay is in exploring her search for identity, not only geographically, but also spiritually. Increased attention is paid to those aspects of her life and work connected with the Czech nation, history, culture and language.
70s Bulletin—When the Field was Disco
Authors: Newton Richard
Published: October 2021

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The Future of Museum Studies with Dr. Nicholaus Pumphrey
Authors: Welch Emma
Published: October 2021

“The Profession” opens a window onto the myriad ways scholars have made use of their training in and beyond the academy. In this issue, editorial assistant Emma Welch speaks with Dr. Nicholaus Pumphrey—curator of the Quayle Bible Collection at Baker University—looking into the discourse on museums and archives and the questions it brings for the scholar of religion. What follows is an introduction to the Quayle Bible Collection and its artifacts, plus what the students and staff of Baker University have to say about the future of museum studies as it pertains to the study of religion.
Sacramentalidad: balance y pedagogía de un concepto en la Teología sacramentaria
Authors: Berlanga Alfonso
Published: October 2021

La enseñanza de los sacramentos afronta de continuo nuevos retos. En nuestros días, algunos conceptos empleados hasta ahora (signo, causa, instrumento…) presentan ciertas dificultades pedagógicas. La Teología sacramentaria de las últimas décadas ha buscado nuevos caminos y ha propuesto la sacramentalidad como categoría privilegiada, entre otros. Este artículo revisa sus implicaciones teóricas para ofrecer una alternativa fundada e intuitiva para la enseñanza de los sacramentos y de su dimensión sacramental.
Unconditional Divine Mercy and Hell. John Paul II on some Key Ideas about Damnation
Authors: Alves César-Andrade
Published: October 2021

Throughout history, theological reflection on hell expanded considerably. Between the 19th and 20th centuries, Christian eschatology in general, and theology of hell in particular, underwent a major renewal. At the end of the 20th century John Paul II issued a document in which he examined the appropriate way to connect divine mercy and hell in the light of the very core of Christian revelation. Although it has been largely ignored, John Paul II’s document is relevant to any current presentation of Christian eschatology that aims to deepen the renewal of this discipline. A new synthesis of the theology of hell is presented at the end of the text.
Trascendentales y perfección humana en la «Summa Halensis»
Authors: Costarelli-Brandi Hugo
Published: October 2021

No hay duda que la cuestión de los trascendentales y su posible distinción atrajo la atención de los pensadores del siglo XIII. Sin embargo, este tema siguió caminos diversos. En tal sentido, la Summa Halensis propone un abordaje que no sólo delimita cada transcendental en sí, sino que además los incorpora al plano soteriológico humano. Así, el presente trabajo se ocupará de ambos aspectos.
La topología del lugar y del espacio en el Heidegger tardío
Authors: Sánchez-Gómez Pablo-B.
Published: October 2021

En este texto se estudia la tensa relación entre lugar y espacio en el “segundo” Heidegger, tomando textos posteriores a Sein und Zeit. Se comprende el espacio como espaciar, concebido desde lo abierto y por lo tanto desde el Claro como des-ocultamiento de la verdad en el lugar. De este modo, el lugar del desocultamiento se define como la obra de arte, como “poema”. Así, se sugiere que el lugar constituye una dimensión del lenguaje y por lo tanto el espacio es el hacer espacio para el habitar de los hombres, si bien el lugar como espacio del lenguaje resulta ser un lugar imposible.
Revising the History of Meta-ethics: the Case of Ayer’s Emotivism
Authors: Vrech Santiago-A.
Published: October 2021

The aim of this paper is double. In the fi rst part I argue against the traditional interpretation of Ayer’s emotivism. According to this interpretation, in Language, Truth and Logic Ayer based emotivism on his “radical empiricist” (positivist) view. I argue that this is not so. Then, in the second part I develop a new interpretation of emotivism according to which Ayer’s analysis of moral vocabulary does not depend on positivism. The purpose of the article is to contribute to the history of metaethics by presenting a correct account of Ayer’s analysis.
...In Between...
Authors: Stefanou Christos , Katsos Nikos
Published: October 2021

Omid is a 15 years old refugee from Afghanistan. He and his family escaped persecution in their homeland and started their trip to Western Europe. They managed to reach Greece, but in the summer of 2016 the borders closed. His family was split. Now he lives in a refugee camp in Athens with his mother and sisters waiting for the family reunification decision. A short film about a young refugee, trying to come to terms with the liminality of the waiting status in a refugee camp in Greece.
O CATOLICISMO NOS LIVROS DIDÁTICOS DE EDUCACIÓN CÍVICA Y MORAL DURANTE O GOVERNO DE STROESSNER, NO PARAGUAI
Authors: Hilda Moreira Kênia , Leivas Vareiro Ruth Eliza
Published: October 2021

Perscrutamos sobre a confluência entre a concepção de moral e de religião, presente em dois livros didáticos da disciplina escolar Educacíon Civica y Moral, destinados ao ensino secundário, produzidos e utilizados no Paraguai, durante o governo de Alfredo Stroessner (1954 a 1989), em meio às reformas educacionais paraguaias de 1957 e 1973, pautadas pelo Ministério da Educação e Culto.  Analisamos os livros didáticos a partir dos referenciais teórico-metodológicos da análise de conteúdo e da história das disciplinas escolares, tendo como base a história da educação paraguaia no período ditatorial. Concluímos, pela análise dos livros didáticos de educação moral e cívica, que a religião católica serviu como argumento para convencer os jovens e adolescentes a se manterem pacíficos, respeitando a “vontade de Deus”, no que diz respeito à obediência à autoridade, contribuindo assim, para manter a organicidade da nação paraguaia durante a ditadura.
Short-term prediction model for daily COVID-19 reported positive cases in Senegal
Authors: Diop Aba , Ndao Abdourahmane , Seck Cheikh Tidiane , Faye Ibrahima
Published: October 2021

In this work, we use an Auto-Regressive Integrated Moving Average (ARIMA) model to study the evolution of COVID-19 disease in Senegal and then make short-term predictions about the number of people likely to be infected by the coronavirus. We are dealing with daily data provided by the Senegalese Ministry of Health during the period from March 2, 2020 to March 2, 2021.Our results show that the peak of the disease appearsduring the second wave seems to be reached on February 12 2021. But they also show that the number of COVID-19 infections will be around 200 cases per day during the next 30 days if the trend of the total number of tests performed is maintained.
Growth curve model for analyzing the effects of Calcium foliar feed on the wilting rate of post-harvest rose flowers
Authors: Dushimirimana Justine , Muhinyuza Stanislas , Nzabanita Joseph
Published: October 2021

Cut rose flowers contribute to the economy and development of the export markets for several developing countries. Despite this contribution, profitable production of rose flowers is limited by wilting which leads to lower production. This paper aims to investigate the effects of Calcium foliar feed on the wilting rate of post-harvest rose flowers using the Growth Curve Model.This method was applied to the data consisting of wilting scores on five treatment groups. The Likelihood ratio test was used to test the growth curve and the equality of the growth curves in all groups.Results revealed that the expected growth curves for all groups followed different quadratic functions. The results also revealed that the wilting rate increased with the increase of calcium concentration compared to the control. This leads to a useful model for policy-makers or further analyses.
The New Odd Lindley-G Power Series Class of Distributions: Theory, Properties and Applications
Authors: Chipepa Fastel , Oludeye Broderick , Makubate Boikanyo
Published: October 2021

We propose a new generalized class of distributions called the odd Lindley-G Power Series (OL-GPS) family of distributions and a special class, namely, odd Lindley-Weibull power series (OL-WPS) family of distributions. We also derive the structural properties of the OL-GPS family of distributions including moments, order statistics, Rényi entropy, mean and median deviations, Bonferroni and Lorenz curves, and maximum likelihood estimates. Sub-models of the special cases were also obtained together with their structural properties. A simulation study to examine the consistency of the maximum likelihood estimators for each parameter is presented. Finally, real data examples are presented to illustrate the applicability and usefulness of the proposed model
Accountability of Law Enforcement Personnel for Human Rights Violations in Cameroon: Trends and Challenges
Authors: Agbor Avitus
Published: October 2021

Law enforcement personnel are critically important in both the security and criminal justice sectors. Unlike ordinary citizens, they possess the broad powers needed to perform the tasks in these sectors: for example, they possess the power to arrest and detain; to search premises and seize items; to interrogate individuals; to stop assemblies; to check and even to restrict the movements of people during certain times; and to use force and firearms in specific circumstances. In exercising such powers, they are required to act independently and judiciously. Also, they must stay within the remit of the law. Such powers, however, render them prone to committing human rights abuses since by their very nature, they interfere with the civil and political rights of individuals. In instances of violations they are expected to be held accountable. Accountability for law enforcement for human rights violations evokes and entails the notions of lawfulness and legitimacy. As legitimacy touches on the public perception of law enforcement personnel, it becomes vital to explore what mechanisms are put in place to ensure accountability as well as possible challenges that hamper it. Examining the notion of the accountability of law enforcement personnel in the context of Cameroon, this paper argues that selective accountability has been the trend which puts the country at quite a distance from its international human rights obligations. Informed by empirical evidence from credible governmental bodies, the paper identifies and assesses the legal framework on accountability, touching on a few instances of selective accountability, and argues that if lawfulness and legitimacy are to be the cornerstones of accountability, then a comprehensive approach must be considered, including the de-politicisation of law enforcement units in Cameroon.
Shareholder Oppression as Corporate Conduct Repugnant to Public Policy: Infusing the Concept of Ubuntu in the Interpretation of Section 163 of the Companies Act 71 of 2008
Authors: Sibanda Aubrey
Published: October 2021

The concept of ubuntu continues to exert considerable influence on the development and the general application of post-independence jurisprudence in South Africa. While ubuntu undoubtedly permeates the interpretation of a plethora of contemporary legal disciplines in South Africa, this article contends that the reception of the concept in corporate law remains constrained. Identifying shareholder relationships as an important feature of the corporate firm, the author presents a persuasive case for the infusion of ubuntu and its underlying equity considerations in the interpretation of the oppression remedy which is currently provided under section 163 of the Companies Act 71 of 2008. The article discusses the remedy from different legal perspectives which find synchrony in the concept of ubuntu. The contribution adds to emerging legal scholarship advocating the alignment of South African corporate law with constitutional principles.
ANYONE FOR A GAME OF MONOPOLY™?* A CRITICAL EVALUATION OF THE EVERINCREASING COMMERCIALIZATION OF MAJOR SPORTING EVENTS PART 2: EXAMINING THE LEGITIMACY OF THE CREATION AND MAINTENANCE OF COMMERCIALLY-DRIVEN MONOPOLIES IN SPORTS EVENTS
Authors: Andre M Louw
Published: October 2021

This is the second part of an article published in three parts that critically examines the commercial monopolisation of sporting mega-events such as the FIFA football World Cup, and of commercial rights protection of such events. The first part of this article contained mainly a descriptive overview of ambush marketing and of the legal and other measures available to event organisers and sponsors to combat such practices. This second (and the forthcoming third) part of the article will continue to critically evaluate the legitimacy of a prime source of protection for these commercial actors, namely anti-ambush marketing legislation, with a specific focus on the SouthAfrican jurisdiction and the 2010 FIFA World Cup South Africa.
EXAMINING THE INTERNATIONAL LAW RIGHT OF SELF-DEFENCE: THE CASE OF RUSSIA AND GEORGIA; ISRAEL AND GAZA
Authors: FT Abioye
Published: October 2021

Article 2(4) of the UN Charter establishes the doctrine of the prohibition of the use of force amongst member states of the UN. Article 51 lays down exceptions to this rule in terms of the fact that there can be an individual and/or collective use of force in self-defence in the case of an armed attack. This individual or collective use of force is permitted to continue until such a time as the Security Council takes such actions as are necessary for the maintenance of international peace and security. The International Court of Justice (ICJ) has further confirmed this prohibition of the use of force in the Nicaragua case, Congo v Uganda and Oil Platforms cases. This area ofinternational law has seen a lot of discussions and developments over the years. The purpose of this article is to examine the efficacy of the use of force between Russia and Georgia; and Israel and Gaza in 2008. It would be examined if these armed attacks are justifiable by the doctrine of self-defence and the recent developments in the field in international law, or if they in fact constitute a breach of the international law prohibition on the use of force.
EQUALITY, THE CONSUMER PROTECTION ACT AND CUSTOMER-SEGMENT PRICING STRATEGIES: IS THERE RELIEF FOR THE POOR RICH TOURIST?
Authors: Mark Tait  , Madéle Tait
Published: October 2021

The year 2010 is Soccer World Cup year in South Africa. From watching the press and other media it quickly becomes apparent that this event is perceived as something of a cash cow to be used (and sometimes even abused) to generate maximum profit for certain industries and its businesses. Complaints have been made about airlines and accommodation establishments hiking prices excessively. The tourism industry has been warned about the negative impact such exorbitant prices may have on tourism in the future as South Africa may no longer be considered as a value-for-money destination. The hiking of prices is based on an anticipated increase in demand for certain services and products caused by the expected influx of soccer tourists. Businesses world-wide employ different pricing strategies to try and optimize revenue. One such pricing strategy that is employed is to differentiate between citizens and foreign nationals when charging for a service or product. This strategy in the context of the tourism industry is the focus of this note. Whilst the tourist is visiting South Africa s/he may want to visit some attractions and it is often at these places that an interestingsituation can be observed. International tourists have to pay one price whereas citizens pay a reduced price. For instance, a visit to the website of the Addo Elephant National Park reveals that SANParks asks different prices – for South African citizens and residents R30 per day visit, SADC nationals R60 per day visit, and foreign visitors R130 per day visit to the Addo Elephant National Park. Similar price differentiation is employed by private businesses as well. Other jurisdictions in Africa also make use of similar customer-segment pricing strategies. The Ugandan Wildlife Authority differentiates between admission fees for foreign non-residents and East-Africans to protected areas such as Lake Mburo and the Semuliki National Park. The Consumer Protection Act 68 of 2008 (hereinafter “the CPA”), once operational, will prohibit the charging of different prices for any goods or services to any persons or category of persons on the basis of one or more of the grounds of unfair discrimination contemplated in section 9 of the Constitution of the Republic of South Africa, 1996 (the Constitution) or Chapter 2 of the Promotion of Equality and the Prevention of Unfair Discrimination Act 4 of 2000 (hereinafter “the Equality Act”), amongst others. Does this mean that suppliers of services and products to tourists who differentiate in the prices asked between citizens and non-citizens will fall foul of this provision of the CPA? This is the question this note will endeavour to answer.
THE BASIS OF TACIT CONTRACTS
Authors: C-J Pretorius
Published: October 2021

Tacit contracts are contracts that are inferred from the conduct of the parties as opposed to written or verbal agreements embodying coinciding expressions of intention. Positive law reveals that the basis of, and especially the test for inferring such contracts, are a source of contention. Generally over the years the courts have fluctuated between subjective and objective approaches to contractual liability and this dichotomy is evident on the level of tacit contracts as well. In this article it is suggested that conflicting rationales and tests for tacit contracts simply cannot coherently co-exist in positive law and although subjective intention does indirectly influence the issue of contractual liability, when the existence of any contract – especially a tacit one – is contested on the basis of dissensus, a court of practical necessity will have to adjudicate the matter on an objective basis. In this regard the conduct of the parties in performing or preparing to perform in terms of the alleged agreement tends to play a prominent role. In the result it is more plausible and indeed preferable that objective criteria are employed by the courts to ascertain whether a tacit contract has arisen, a process which also leaves room for policy considerations to play a role.
VICTIM-IMPACT STATEMENTS AT THE SENTENCING STAGE: GIVING CRIME VICTIMS A VOICE
Authors: PN Makiwane
Published: October 2021

The principle of proportionality seeks to limit, as far as possible, arbitrary punishment, and to achieve a balance by requiring courts to consider the sometimes competing interests of the state and the accused person. These competing interests have a missing link – the interests of the crime victim. Unless all relevant information is placed before court, including that of crime victims, the court will not arrive at a just punishment. There can be justice only when the interests of not only the offender and the state, but of the victim as well, are considered and balanced against one another. The introduction of victim-impact statements is one of the means by which the said balance may be achieved. Some of the established democracies have recognized the value of introducing victim-impact statements before the sentencing of offenders: South Africa might do well to follow in their footsteps. I believe that the use of thesestatements at appropriate stages of the trial would contribute to positive public perceptions about our criminal-justice system, and promote victim satisfaction with the criminal justice which is perceived by some to be heavily biased in favour of accused persons.This paper seeks to highlight the plight of the crime victim within South Africa’s criminal-justice system, and to add a voice to calls for the introduction of victim-impact statements during the sentencing stage in a criminal trial.
UNDERSTANDING THE SOUTH AFRICAN FINANCIAL MARKETS: AN OVERVIEW OF THE REGULATORS
Authors: Lynette Swart  , Vivienne A Lawack-Davids
Published: October 2021

This article examines the regulatory framework pertaining to the South African financial markets. The authors explain selected terminology and provide an overview of regulators in order to create an understanding of the regulatory environment to enhance transparency and add to the body of knowledge in financial markets law.
THE RIGHT TO LEGAL REPRESENTATION AT STATE EXPENSE FOR CHILDREN IN CARE AND CONTACT DISPUTES – A DISCUSSION OF THE SOUTH AFRICAN LEGAL POSITION WITH LESSONS FROM AUSTRALIA
Authors: Marita Carnelley
Published: October 2021

The article discusses the right of children to legal representation at state expense in family disputes in South Africa as provided for in section 10 of the Children’s Act 38 of 2005 and section 28(2)(h) of the Constitution. Certain aspects are highlighted: the applicant applying for legal representation; the requirements for an appointee; the appointment criteria; duties and responsibilities of the appointee as well as the funding for such appointment. The South African legal principles are compared with the equivalent Australian provisions relating to the Independent Children’s Lawyer. The article concludes with some recommendations for lacunae identified in the South African system in light of the Australian experience.
DIE ONDERRIG VAN DIE INHEEMSE REG: BEVOEG OF BEPERK DEUR BOEKE?
Authors: Elmarie Knoetze
Published: October 2021

The article deals with the teaching of customary law at tertiary level, with specific reference to the lecturer’s capability to teach the subject, if not a member of a traditional community. This question inevitably relates to the difference between “official” and “living” customary law. The author comes to the conclusion that whether or not the lecturer can teach customary law, is a matter of course content and the sources from which the content is drawn. Ideally, the content and sources should not be restricted to the “official” version of the discipline, as recorded in textbooks on customary law. A different manner of teaching recognizes that customary law is adynamic living system, the content of which might be difficult to ascertain. The article concludes with examples of two examination papers on second and final year levels of different universities, illustrating the incorporation of the “living” law in particularly the final year paper.
VERKEER DIE SOEPEL MAATSTAF VIR JURIDIESE KOUSALITEIT IN GEVAAR? mCubed International (Pty) Ltd v Singer NNO 2009 4 SA 471 (HHA)
Authors: JM Potgieter
Published: October 2021

Hierdie bydrae beoordeel die Hoogste Hof van Appèl se vertolking en toepassing in mCubed van die soepel maatstaf vir juridiese kousaliteit teen die agtergrond van die wyse waarop die howe hierdie maatstaf en ander juridiese kousaliteitskriteria, veral sedert S v Mokgethi (1990 1 SA 32 (A)) hanteer het.
TERMINATION OF DEBT REVIEW IN TERMS OF SECTION 86(10) OF THE NATIONAL CREDIT ACT AND THE RIGHT OF A CREDIT PROVIDER TO ENFORCE ITS CLAIM Standard Bank of South Africa Ltd v Kruger (unreported case number 45438/09 (GSJ)) and Standard Bank of South Africa L
Authors: Melanie Roestoff
Published: October 2021

One of the purposes of the National Credit Act 34 of 2005 (NCA) is to protect consumers by inter alia providing mechanisms for resolving overindebtedness. Section 86 of the NCA provides for such measure in that it allows a consumer to apply to a debt counsellor to conduct a debt review of the credit agreements to which he is a party and to be declared over-indebted. One of the first steps in the debt review process is therefore, a determination by the debt counsellor whether the consumer is over-indebted, likely to become over-indebted, or not over-indebted at all. Where the debt counsellor concludes that the consumer is indeed over-indebted, section 86(7)(c) requires of the debt counsellor to issue a proposal recommending that the Magistrate’s Court make an appropriate order to declare one or more of the consumer’s credit agreements to be reckless credit (if applicable) and/or to re-arrange or restructure theconsumer’s obligations. In terms of section 86(8)(b) the debt counsellor is also obliged to refer the recommendation to the Magistrate’s Court for a hearing under section 87. In Standard Bank of South Africa Ltd v Kruger (unreported case number 45438/09 (GSJ)) and Standard Bank of South Africa Ltd v Pretorius (unreported case number 39057/09 (GSJ)) the court (Kathree-Setiloane AJ)had to interpret section 86(10) of the Act which provides as follows: “If a consumer is in default under a credit agreement that is being reviewed in terms of this section, the credit provider in respect of that credit agreement may give notice to terminate the review in the prescribed manner to – (a) the consumer; (b) the debt counsellor; and (c) the National Credit Regulator, at any time at least 60 business days after the date on which the consumer applied for debt review.” The court had to determine whether the credit provider in casu was entitled to terminate the debt review in terms of section 86(10) and thereafter to proceed with the enforcement of the credit agreements in circumstances where the debt counsellor had referred the debt review matter to the Magistrate’s Court for a hearing in terms of section 87 of the Act. In what follows, the facts and decision in Kruger and Pretorius will be analysed and commented on. In addition, relevant provisions of the Act pertaining to the termination of debt review proceedings and the credit provider’s right to enforce its claim will also be interpreted and commented on. Regarding the credit provider’s right to enforce its claim the position where the debt review process is still pending whilst the matter has not been referred to the Magistrate’s Court for determination yet, will be distinguished from the position where the matter has indeed been referred to the Magistrate’s Court.
TAX REASONS FOR ESTABLISHING A HEADQUARTER COMPANY
Authors: Thabo Legwaila
Published: October 2021

Headquarter companies are generally interposed between the ultimate holding company and the operating subsidiaries of a group of companies. The functions of a headquarter company are mainly to manage investments and to centralize the income of the group prior to remittance to the ultimate holding company. Therefore, generally, the rationale for setting up a headquarter company is based on economic and structural needs of the group in which the headquarter company is to be set up. However, it is also common cause that the decision to set up a headquarter company is, more often than not, influenced by the need to take advantage of tax instruments available in the particular jurisdiction. This allows the group to reduce its overall tax liability and therefore increase its after tax earnings.
LEGAL ASPECTS OF MANAGING FAILURE OF A CENTRAL SECURITIES DEPOSITORY (CSD) PARTICIPANT
Authors: Lynette Swart  , Vivienne Lawack-Davids
Published: October 2021

The success of the financial market in South Africa is dependent on investor confidence and such confidence is dependent on market stability and certainty with regard to the financial risks to which market participants are exposed when trading on the financial markets. Even before the global meltdown impacted on South Africa, some concerns were raised that the South African legal framework pertaining to the financial market does not contain comprehensive principles regulating the procedures and legal position after the event of insolvency of a market participant. In response, Strate Limited, with the assistance of other market players, has drafted a proposed manual, the Participant Failure Manual, regulating the event of insolvency of market participants, referred to as “Participant Failure”. This note aims to discuss the meaning of Participant Failure, provide an overview of the Participant Failure Manual and more importantly, discuss the impact of Participant Failure on settlement, and recommendations as proposed in the Manual.
LIABILITY OF THE STATE FOR RAPE BY A POLICEMAN: THE SAGA TAKES A NEW DIRECTION Minister of Safety and Security v F 2011 3 SA 487 (SCA)
Authors: J Neethling
Published: October 2021

The locus classicus and trend-setting decision for the vicarious liability of the state for the rape of a woman by a police official, is certainly K v Minister of Safety and Security. Here the plaintiff (K), a young woman, became stranded late at night. Three on-duty police officials, dressed in full uniform, offered to take her home in a police vehicle. On the way she was raped by all three of them. O’Regan J held that the state was vicariously liable for the conduct of the policemen. According to the standard test for vicarious liability, which was formulated in Minister of Police v Rabie, an employer may only escape vicarious liability if the employee, viewed subjectively, has not only exclusively promoted his own interests, but, viewed objectively, has also disengaged himself from the duties of his contract of employment to such an extent that a sufficiently close connection between the employee’s conduct and his employment is absent. Applying this test as informed by the constitutional Bill of Rights, O’Regan J found that although the policemen exclusively promoted their own interests by raping the plaintiff, a “sufficiently close connection” nevertheless existed between the conduct of the police and their work to hold their employer vicariously liable, for the following reasons: there was a constitutional and statutory duty on the state as well as the policemen to prevent crime and to protect members of public; the policemen offered to help the plaintiff and she acted reasonably by accepting the offer and trusting them; and the conduct of the policemen consisted simultaneously of a commissio (the brutal rape) and an omissio (their failure to protect her against the rape).
THE STATUS AND POSITION OF THE VATICAN AND THE POPE AT INTERNATIONAL LAW: TRYING TO FIT A RELIGIOUS SQUARE PEG INTO A LEGAL CIRCLE?
Authors: Sipho Nkosi
Published: October 2021

The final word has not been spoken on the position and status of the Vatican; nor have the intricacies and complexities of its relationship with the Holy See been exhaustively ventilated. In the present writer’s view, the debate as to whether the Vatican, or the Holy See, meets the requirements for statehood will rage on into the future. However, this article does not pretend to be definitive. It merely seeks to demonstrate how international-law concepts and phenomena are being stretched (sometimes beyond their limit) in order to accommodate the Vatican. The Vatican does not meet the minimum requirements for statehood; but it continues to be accorded, by the community of nations, the kind of recognition that more deserving entities such as Taiwan, the Palestine and Somaliland are being denied. Its officials and functionaries enjoy sovereign immunity in the courts of fully-fledged nation states which those of the aforementioned nascent states do not enjoy.
THE EXCLUSION OF EVIDENCE OBTAINED BY ENTRAPMENT: AN UPDATE
Authors: Darren Subramanien  , Nicci Whitear-Nel
Published: October 2021

This article provides an update on the exclusion of evidence obtained as a result of entrapment. The exclusion of such evidence in terms of section 252A of the Criminal Procedure Act, section 35(5) of the Constitution of the RSA Act, and in terms of the common law, are examined. Two recent Supreme Court of Appeal cases – S v Kotze and S v Zurich – are specifically discussed.
THE JURISDICTION OF THE LABOUR COURT IN INTERNATIONAL EMPLOYMENT CONTRACTS IN RESPECT OF WORKPLACES OUTSIDE SOUTH AFRICA
Authors: Karin Calitz
Published: October 2021

Does the Labour Court have jurisdiction to adjudicate disputes between a South African employer and a South African employee where the employee performs work for the employer in a foreign country? This is a question that should be considered, as one effect of globalisation is that South African employees are increasingly working for South African employers outside of South Africa. The difficulty is that the answer to the question is to be found in the area of private international law (conflict of laws) and that very few labour disputes involving private international law have been decided by South African courts. In 2002 in Kleynhans v Parmalat SA (Pty) Ltd (2002 9 BLLR 879 (LC)) and in 2005 in Parry v Astral Operations Ltd (supra) the Labour Court held that it did have the necessary jurisdiction to adjudicate disputes where the workplace was outside South Africa, provided that certain requirements are met. However, in Astral Operations Limited v Parry (2008 29 ILJ 2668 (LAC)) the Labour Appeal Court overturned the decision of the Labour Court. Zondo J reasoned that both the Labour Relations Act and the Basic Conditions of Employment Act do not have extra-territorial application in terms of the presumption against extra-territoriality and that, as the workplace was outside South Africa, the Labour Court, which was created by these two acts, did not have jurisdiction to adjudicate the matter. In this article I shall briefly discuss the four-stage private international law process of adjudication that should be followed in disputes where international employment contracts are involved. After that I shall discuss the judgments in Parry v Astral in the Labour Court and the decision in AstralOperations v Parry in the Labour Appeal Court as well as the effect of this decision. This will be followed by a discussion of the position regarding the jurisdiction of courts and tribunals adjudicating international employment disputes in the European Union, the United Kingdom and in Ontario, Canada. In conclusion, the judgment of the Labour Appeal Court in Astral Operations v Parry will be examined in the light of the constitutional right to fair labour practices and the necessity for employees to be protected in a globalised employment context in which multi-national enterprises operate across borders.
MIND THE GAP – INCREASING COMPLIANCE – BURDEN AND REGULATORY MISALIGNMENT
Authors: Vivienne Lawack-Davids
Published: October 2021

Since the dawn of the new constitutional supremacy, untold pieces of legislation have been promulgated. This led to an increase in legal and regulatory measures which increased the compliance burden, compliance risk and cost of businesses in South Africa, particularly in the financial sector. The objective of this note is to provide a snapshot of the increasing compliance burden on the financial sector between 1996 and 2011. It further highlights the incidence of misalignment among different pieces of legislationwith possible negative effects, using the Consumer Protection Act (68 of 2008) and the insurance industry as a case study. The author examines the generally accepted goals of good regulation and argues for an appropriate regulatory-assessment model that may alleviate the problem of misalignment and so prevent regulatory arbitrage.
TAXATION OF HOLDING COMPANIES IN THE NETHERLANDS: A SOUTH AFRICAN OBSERVATION
Authors: Thabo Legwaila
Published: October 2021

The South African government has expressed an intention to market itself as a gateway to investment in Africa. This will be achieved inter alia by redesigning certain aspects of the tax laws in order to encourage investment into South Africa in the form of headquarter companies as a special kind of holding companies. The Netherlands has over time adjusted its tax regime to achieve the same goal, viz, to attract holding companies for investment into European countries and globally. Specifically, the Dutch participation exemption and the advance-tax ruling system have been hailed as the key tax instruments that are instrumental in attracting foreign residents to setup holding companies in the Netherlands. Furthermore, the intentional absence of various tax instruments such as controlled foreign-company provisions and exchange-control regulations further enhance the Netherlands’ suitability to host holding companies. In light of the South African government’s intentions to attract holding companies, it is important to study the Dutch system applicable to holding companies to see what attributes, if any, South Africa could also adopt.
THE NEED FOR A LEGAL-WRITING COURSE IN THE SOUTH AFRICAN LLB CURRICULUM
Authors: Neels Swanepoel  , Elizabeth Snyman-Van Deventer
Published: October 2021

Students are generally unprepared to study law. Unpreparedness includes language and writing deficiencies. Legal-writing courses at law school only lay the foundation for these skills that have to be developed and improved over many years of practice. Law schools and the organized profession should accept joint responsibility for laying this foundation. A substantial part of most legal-writing courses must include language training. Legal writing is generally not regarded as necessary by many South African law faculties. The main challenge in the area of developing legal-writing courses in South Africa involves the fact that legal academics have not beenformally trained to teach language and writing. It is proposed that a course is introduced for law teachers in and that they undergo training that will enable law lecturers to present these courses themselves.
CONSTRUCTIVE DISMISSAL: A TRICKY HORSE TO RIDE Jordaan v CCMA 2010 31 ILJ 2331 (LAC)
Authors: N Whitear-Nel  , Matthew Rudling
Published: October 2021

The concept of constructive dismissal is flexible because the circumstances that may give rise to it are “so infinitely various” (Minister of Home Affairs v Hambidge 1999 20 ILJ 2632 (LC) par 12). As such, there are no clear rules defining precisely when a constructive dismissal has taken place. The facts of each case must be established, interpreted and measured against general principles to determine whether the requirements for constructive dismissal have been met. The Labour Appeal Court (LAC), in the case of Jordaan v CCMA (2010 31 ILJ 2331 (LAC) 2335), made the point that the law has attained more certainty since Hambidge’s case. This is partially true. However, this case note shows that it remains difficult to set down hard and fast rules to determine the existence of a constructive dismissal. The Supreme Court of Appeal (SCA) has held that very strict proof of constructive dismissal is required, and it has not readily found that circumstances complained of by employees constitute such a dismissal. In the case of Old Mutual Group Schemes v Dreyer (1999 20 ILJ 2030 (LAC)) Conradie JA cautioned that constructive dismissal is not for the asking. He held that generally it will be difficult for an employee who resigns to show that he has actually been constructively dismissed, because the onus of proof on the employee in this regard is a heavy one. Jordaan’s case highlights just how hard it is to establish a viable claim of constructive dismissal. It shows that even where an employee experiences a loss of job security as a result of attempts by the employer to protect his business, and this leads to the employee’s resignation, it will not rise to the standard of constructive dismissal. The LAC saw Jordaan’s case as an attempt to “stretch the law relating to constructive dismissal” and held that this was not only inappropriate but that such an attempt “should not be contemplated” by future courts.
DEFINING THE RIGHT TO STRIKE: A COMPARATIVE ANALYSIS OF INTERNATIONAL LABOUR ORGANIZATION STANDARDS AND SOUTH AFRICAN LAW
Authors: Mohamed Alli Chicktay
Published: October 2021

The right to strike is a fundamental human right recognized in international law and the South African Constitution. If “strike” is defined too narrowly it would deny protection that would normally be given to employees who would otherwise be participating in a strike. On the other hand if “strike” were defined too broadly it would categorize as strike action that would not normally be regarded as a strike: thus subjecting these employees to serious consequences that result from participating in an unprotected strike. These may include dismissals, interdicts and claims for compensation. South Africa has a constitutional obligation to comply with international law when interpreting human rights. The purpose of this article is to determine whether South African law defines “strike” in compliance with International Labour Organisation standards and to make suggestions for amendments to the lawwhere it fails to do so.
POSSIBLE CONSEQUENCES OF DECLARING CIVIL AND CUSTOMARY MARRIAGES VOID
Authors: Allen West  , JC Bekker
Published: October 2021

The consequences of declaring a civil marriage entered into during the existence of a customary marriage or vice versa void could have nowhere been fully canvassed. On the face of it, it merely calls for a declaration of invalidity of the existing marriage, but it raises various ancillary issues which have not been addressed. We do not discuss the judgments declaring marriages void, but focus on the consequences of such judgments. For a variety of reasons it is important to determine whether a civil marriage, concluded subsequent to a customary marriage, is valid or ab initio void, or vice versa. To mention but one reason: “Where immovable property, a real right in immovable property, a bond or a notarial bond – (d) is registered in the name of a person who on the date of the registrationwas a party to a marriage governed by the Recognition of Customary Marriages Act, 1998 (Act 120 of 1998) the registrar shall on the written application by the person concerned and on the submission of the deed in question and of proof of the relevant facts,endorse the change in status or make a note of the effect that the said person is a party to a marriage in community of property, as the case may be” (S 17(4) of the Deeds Registries Act 47 of 1937). When a marriage is void, no consequences flow from it, except in so far as it may be deemed to be a putative marriage. Lawyers, officials and the public at large still do not seem to realize that interms of sections 2(1) and (2) of the Recognition of Customary Marriage Act (120 of 1998) customary marriages entered into before and after commencement of the Act are for all purposes recognized as marriages. The case of Netshituka v Netshituka (426/10 [2011] ZACSA 120 dated 2011-07-20) has now given clear direction as to the validity or non-validity of civil marriages concluded after the Marriage and Matrimonial Property Law Amendment Act 3 of 1988. Also in Thembisile v Thembisile (2002 (2) SA 209 (T) par 32) Bertelsmann J held that a civil marriage contracted while the man was a partner in an existing customary marriage with another woman was void. The position of the validity of civil marriages, entered into prior to and after the said Amendment Act, will now be discussed.