bluuebunny/crossref_metadata_2025 huggingface dataset:
THE SOUTH AFRICAN ACT REVISITED – SOME CONSTITUTIONAL AND POLITICAL REFLECTIONS ON LESSONS LEARNT FROM THE CENTENARY OF THE UNION OF SOUTH AFRICA IN 1910
Authors: GE Devenish
Published: October 2021

Just over a hundred years ago South Africa became a politically united state governed by the South Africa Act of 1909, which constituted the first constitution for a territory comprised of the four erstwhile British colonies of the Cape of Good Hope, Natal, the Transvaal and the Orange River Colony. This article revisits this historic constitution and attempts to revaluate its cardinal characteristics in the light of our subsequent constitutional and political development. This article also examines the constitutional and political configuration of the South Africa Act and how it came into being through a so-called National Convention and the part played by the prominent politicians and role players of the day. It examines the constitutional precedents that were available at the time. The crucial issues relating to the nature of the state that was to be established and why a unitary model and not a federation was adopted,are explained. It also considers the vexed question of the franchise and how a compromise was reached in this regard. Other important issues on which decisions had to be taken such as, inter alia, language, native and Indians affairs, are examined and evaluated. The article attempts to address certain important constitutional and political lessons that can be learnt from such an evaluation.
DEDUCTIBLE MEDICAL EXPENSES FOR INCOME TAX PURPOSES: TRADITIONAL HEALERS, PHARMACISTS AND COSMETIC PROCEDURES
Authors: Fanie van Zyl
Published: October 2021

In terms of section 18(1)(b)(i) of the Income Tax Act 58 of 1962 a taxpayer is entitled to a qualifying medical-expenses deduction for services rendered by a registered medical practitioner specifically listed in subparagraph (i). Since the promulgation of the Traditional Health Practitioners Act 35 of 2004 and the later Traditional Health Practitioners Act 22 of 2007 (which replaced the earlier unconstitutional act), section 18(1)(b)(i) has not been amended to provide a qualifying medical-expenses deduction to a taxpayer who consulted a traditional healer instead of a medical practitioner as listed in subparagraph (i). This article attempts to show that no suchamendment is needed. The taxpayer can avail himself of the burden of proof to make a qualifying medical-expenses deduction for services rendered by a traditional healer by applying an expansive interpretation to the words “medical practitioner”. This article furthermore discusses the interpretation problems as a result of the vague meaning of “professional services” and the subsequent possibility to deduct cosmetic expenses as qualifying medical expenses. Lastly, this article discusses the situation where a taxpayer wishes to make a qualifying medical-expenses deduction for schedule 2 medicines prescribed and supplied by a pharmacist, which, it seems, is not allowed.
A SELECTION OF CONSTITUTIONAL ASPECTS THAT IMPACT ON THE MENTALLY DISORDERED PATIENT IN SOUTH AFRICA
Authors: Magdaleen Swanepoel
Published: October 2021

This article examines a selection of constitutional aspects that impact on the mentally disordered patient in South Africa. There are specific fundamental human rights protected in the Bill of Rights that are applicable to the psychiatric and psychology professions and the mentally disordered patient. The first is section 36 of the Constitution – the general limitation clause. Further rights include the right to dignified and humane treatment, freedom from discrimination in terms of access to all forms of treatment, the right to privacy and confidentiality, the right to protection from physical or psychological abuse and the right to adequate information about their clinical status. These rights should ideally include efforts to promote the greatest degree of self-determination and personal responsibility of patients. Since 1994 many farreaching improvements have been made to the South African health system. The legal and policy framework described in this article is still relatively new and is a major achievement. However, much remains to be done to implement policies and to ensure that the vision of the protection of the mentally disordered patient becomes a reality for people regardless of factors like mental disorder. Because this is an article of limited scope, focus is placed on a discussion of sections 10, 12(2)(b) and 14 of the Constitution.
DIE REGSTEORETIESE GRONDSLAG VAN DIE INTEGRASIEREËL IN DIE SUID-AFRIKAANSE KONTRAKTEREG
Authors: Thino Bekker
Published: October 2021

This article focuses on an extensive critical analysis of the legal-theoretical basis of the parol evidence rule in the South African law of contract. Certain conclusions will be made from such an analysis in terms of which it will be argued that the parol evidence rule qualifies as a legal rule and that it can therefore be validly abolished or modified by the legislature.
MUSLIM PERSONAL LAW IN SOUTH AFRICA: “UNTIL TWO LEGAL SYSTEMS DO US PART OR MEET?”
Authors: Wesahl Domingo
Published: October 2021

South Africa is one of the most prominent examples of pluralism providing recognition to traditional customary and religious law. South Africa’s commitment to legal pluralism is an important development because it reflects not only constitutional dedication tomulticulturalism but also a political and functional need for incorporating traditional and religious legal systems. The legal recognition of Muslim Personal Law in South Africa provides an ideal case study on legal pluralism supported by a multicultural constitutional process. Over 15 years of democracy have passed and the draft Muslim Marriages Act has not yet been introduced into legislation. The issue of legal recognition of Muslim Personal Law in South Africa has highlighted the difficulties that arise when balancing the commitment to individual human rights and religious rights. This paper explores the question: What is the future of Muslim Personal Law in South Africa? Since the draft Muslim Marriages Act has not yet been enacted into legislation, it presents an opportunity to re-examine and rethink how to implement religious law effectively in a secular state. This is discussed in the paper by presentingvarious multicultural and pluralistic jurisdictional family law models, which look at the key relationship between civil and religious authorities.
DETERMINING THE MEANING OF AN INNUENDO: CAN THE CONTEXT BE SEPARATED FROM THE WORDS?
Authors: Christin Gowar  , CJ Visser
Published: October 2021

Defamation can be said to mean the wrongful and intentional publication of defamatory material which refers to a plaintiff. In orderfor liability to arise in a defamation action there must be publication of defamatory material which refers to the plaintiff, and the plaintiff bears the onus of proving this. From the plaintiff’s perspective, the publication requirement entails a factual enquiry, whilst the determination of whether the publication was defamatory is more complex. To determine whether a publication is defamatory one has to, firstly, establish the meaning of the publication, and secondly, decide whether the meaning of the publication contained a defamatory imputation. However, this enquiry to establish the meaning of the material in question can become complicated considering that words may have more than one meaning and plaintiffs are entitled to rely on the secondary meaning of the words (also known as innuendos) in defamation actions. Recently the Supreme Court of Appeal (“SCA”) was called upon to decide the correctness of a High Court’s approach in determining the meaning of an innuendo (Molotlegi v Mokwalase [2010] 4 All SA 258 (SCA)). In the High Court a separation of issues order was granted with the effect that the meaning of the innuendo in question had to be established without any regard to the context in which the words were uttered. This note will therefore consider whether a separation of issues, that is, separating the determination of the meaning of the words from the context in which they were uttered, would be appropriate in defamation cases where the secondary meaning of the words is relied upon by the plaintiff. In what follows, we shall consider what an innuendo is, the court’s approach to determining the meaning of innuendos, the legal principles underlying aseparation of issues order, and the decision of the Supreme Court of Appeal in Molotlegi v Mokwalase (supra).
WHO ARE THE TRUE BENEFICIARIES OF AFFIRMATIVE ACTION? Solidarity obo Barnard v SAPS 2010 5 BLLR 561 (LC)
Authors: Muriel Mushariwa
Published: October 2021

Affirmative action measures within the workplace seek to ensure equal employment opportunities and create a workforce that is representative of South African society. One of the issues faced by employers in implementing affirmative action is the question of who should be a beneficiary of affirmative action. This case note seeks to answer this question by looking at the definition given to beneficiaries of affirmative action and the concept of disadvantage. The first part of the article will explore the general objective ofaffirmative action and the two schools of thought on how we identify beneficiaries of affirmative action. I argue that recognition must be given to the fact that individuals who fall within the designated groups are not necessarily equally placed in terms of their experience of disadvantage. I further argue that in recognizing these differing experiences of disadvantage, we can avoid the creation of an elite middle-class black group that benefits from affirmative action to the exclusion of those that truly deserve the protection. The second part of this case note will focus on a landmark decision that highlights the difficulties encountered by employers in fulfilling their obligation of implementing affirmative action policies. In the last part of this case note I shall comment on the lessons that can be drawn from the case. I shall compare the development of affirmative action in the United States and India with that of South Africa in order to show the constitutional principles that need to be advanced within such a social transitional programme and recommend that affirmative action as a means to an end needs to evolve with the understanding that it functions within an ever changing social and economic environment. If such changes are ignored the true beneficiaries of affirmative action are not given recognition and the desired end of creating a workforce representative of South African society and thus reaching our goal of equality cannot be realized.
PRODUCT LIABILITY: A CHANGING PLAYING FIELD?
Authors: Christin Gowar
Published: October 2021

Product liability in South Africa has historically been classified as falling within the sphere of the law of delict generally; with fault being a necessary element for liability. However, this historical classification has changed with the dawn of a new era in consumer law. The Consumer Protection Act 68 of 2008, and more specifically section 61, seems to impose liability without fault on certain parties for harm caused by their goods or products. Section 61, on the face of it, appears to be extremely beneficial for consumers who wish to tackle larger companies and defendants in product liability cases. In practice, though, this may not be the case as section 61 shares a number of similarities with the European Directive on Product Liability of 1985 and the United Kingdom Consumer Protection Act 1987, neither of which has been entirely successful in eliminating fault. This article considers the common-law system which has been applied to product liability cases in the past, and thereafter considers the provisions of the Consumer Protection Act which amend the principles applicable, in order to determine whether section 61 will benefit consumers. The article will further look at how similar provisions in Europe have been interpreted and applied by courts in order to assess the potential problems which might arise fromsection 61 in South Africa. Once these problems have been identified, this article will address a provision which is unique to the South African statute which may go some way in bringing about a different result in South Africa, thereby avoiding the problems faced in Europe.
THE BASIS OF COMMON ERROR
Authors: C-J Pretorius
Published: October 2021

Not being one of the simplest areas of the law of contract, mistake has had somewhat of a chequered past. Although more recently commentators have noted that the legal position has by and large been settled, there remain anomalies surrounding the ascription of contractual responsibility in certain circumstances, such as whether liability should lie where a third party has caused a material mistake between contracting parties. What is further apparent is that the courts still at times have difficulty in applying the principles pertaining to error. But a type of mistake that evidently still poses conceptual and practical difficulties is common error. This note attempts to shed some light on the underpinnings of this doctrine against the backdrop of English law, which had a marked effect on its development in South African law.
ASPECTS OF UNFAIR SUSPENSION AT WORK
Authors: Lynn Biggs  , Adriaan van der Walt
Published: October 2021

The suspension of employees happens frequently in the work environment in different contexts. It has several contractual and other legal consequences. In the present note the meaning of suspension is considered and the legal consequences of suspension are explained and evaluated. In the discussions both the common-law and statutory provisions of suspension are considered. The interaction between the principles of the two systems is also highlighted. The constitutional validity of certain legal provisions of statutory regulation of suspension is also commented upon.
SIGNS OF CHANGE: THE RENAMING OF DURBAN’S STREETS Democratic Alliance v eThekwini Municipality: Unreported Judgment (KZD) Case Numbers 10787/08 and 6608/07 Judgment delivered: 3 June 2010
Authors: Vishal Surbun
Published: October 2021

On 27 February 2007, the council of the eThekwini Municipality, the governing entity of the Durban and surrounding metropolitan region, passed the first of two resolutions in terms whereof certain byways and landmarks would be renamed. In a public municipal advertisement, the City’s mayor announced: “The street renaming is indeed an ultimate step towards honouring all the heroes and heroines who fought a fight for a good cause. Chief among these are those who in the pursuit of freedom ventured their way through the troubled bridges of apartheid. Therefore as eThekwini council, we feel honoured to be part of such a historic process of ensuring that names of these great men and women of the struggle remain known even to the generations to come … It is indeed a democratic process: members of the public were consulted and given an opportunity to suggest names. This will ensure that the city we live in is indeed accurately reflecting its people and its history …” Notwithstanding these sentiments, on 1 May 2007, about 10 000 demonstrators marched through the city’s central business district and converged on the City Hall, where the Inkatha Freedom Party (IFP) and the Democratic Alliance (DA) held a joint protest to complain, not about the fact that the streets and landmarks were being renamed, but about the new names themselves. The suggested names of SWAPO, Griffiths Mxenge, Andrew Zondo and Che Guevara spawned a public outcry and accusations that the process was carried out without proper consultation. The controversy prompted the New York Times to observe that “Durban is different. Intentional or not, some of the proposed name changes clearly flick at scabs covering deep divisions”. Against this background, the DA and the IFP launched an application in the public interest in the Durban High Court which will be analyzed hereunder. The Applicants prayed for an order to the effect that the decision by the Municipality to rename the streets must be set aside and for the old names to be restored. A representative for the DA announced that:“We took this case to court because we believed, and still do believe that the rights and opinions of thousands of eThekwini’s citizens were trampled by the actions of the municipality who simply roughshod over their objections”.
THE PROBATIVE VALUE OF POST-OFFENCE CONDUCT EVIDENCE
Authors: BC Naudé
Published: October 2021

In certain circumstances, post-offence conduct can provide circumstantial evidence of guilt. It is, however, often difficult to state why a particular type of post-offence conduct makes guilt probable. The objective of this contribution is to identify principles that could assist in determining the probative value of certain types of postoffence circumstantial evidence. It is shown, with reference to specific types of postoffence conduct, that it is mostly speculative to make any inference from such evidence. In the end, it is submitted that the principles governing the assessment of circumstantial evidence will only allow an inference of guilt to be drawn from postoffenceconduct if the inference was established beyond a reasonable doubt. It will not be enough to draw an inference from facts which were not, themselves, proved beyond a reasonable doubt, but which were merely accepted upon reasonable grounds.
VOLUNTARY ASSUMPTION OF RISK AS A DEFENCE, EXCLUDING DELICTUAL LIABILITY WITH REGARD TO SPORTS INJURIES Hattingh v Roux 2011 (5) SA 135 (WCC)
Authors: Raheel Ahmed
Published: October 2021

In the case of sports injuries which occur in the ordinary course of the practice of sport, delictual liability may be excluded as a result of voluntary assumption of risk, also known as consent to the risk of injury (a ground of justification) which is embodied in the well-known maxim volenti non fit iniuria (Hattingh v Roux 2011 5 SA 135 (WCC) 141 hereinafter “Hattingh”; Prinsloo “Liability inSport and Recreation” 1991 TSAR 42–43; and Stoffberg v Elliott 1923 (CPD) 148–149). There is no doubt of the risk of injury inherent in sport, and all participants such as players, coaches, referees, supervisors, managers or spectators are at risk. In order to exclude delictual liability based on a successful reliance of voluntary assumption of risk as a ground of justification, all the requirements for consent must be present. In Hattingh, the court had to decide inter alia whether the plaintiff (R) voluntarily assumed the risk of injuryinherent in participating in a game of rugby. In this note, Hattingh is discussed with specific reference to the delictual elements of wrongfulness and fault, and the defence of voluntary assumption of risk. Reference is also made to other cases dealing with the defence.
THE IMPACT OF THE ELECTRICAL INSTALLATION REGULATIONS, 2009, ON THE SALE AND LEASE OF IMMOVABLE PROPERTY
Authors: Henk Delport
Published: October 2021

The Electrical Installation Regulations, 2009, made by the Minister of Labour in terms of section 43 of the Occupational Health and Safety Act 85 of 1993 constitute yet another attempt on the part of the South African authorities to regulate the installation and use of electrical installations in buildings. The Regulations, published in terms of R 242 in Government Gazette 31975 of 6 March 2009,supersede the Electrical Installation Regulations, 1992, made by the Minister of Manpower in terms of section 35 of the Machinery and Occupational Safety Act 6 of 1983. They came into operation on 1 May 2009, with the exception of regulation 5(6) which took effect on 1 April 2010. The 2009 Regulations, like those they replace, impose certain substantive duties on users, lessors and installers of electrical installations. Of particular importance for property owners and lessors is the responsibility for the electrical installation on a property, and the duty to have a valid certificate of compliance in respect of such installation. The old Regulations did not describe these responsibilities and duties in clear terms, resulting in considerable confusion and uncertainty. Disappointingly, the new Regulationsare only marginally better in this regard. The Department of Labour has published explanatory notes on the Regulations, but they do little more than merely citing each regulation and stating that it is selfexplanatory. The Regulations were preceded by a number of drafts which, reportedly, elicited “acrimonious debate”, even the possibility of litigation involving the Electrical Contractors’Association of South Africa and the Department of Labour. However, the main points of dispute were not so much the impact of the Regulations on the sale and lease of immovable property but revolved around issues affecting the electrical contracting industry and its stakeholders. This note focuses on the requirements to be met in terms of the Electrical Installation Regulations, 2009, in relation to the sale and lease of immovable property, residential premises in particular. To place the discussion in perspective it is firstly necessary to examine briefly the objective and scope of the Regulations, having regard to certain key definitions contained in the Occupational Health and Safety Act and the Regulations. Any word or expression to which a meaning has been assigned in the Act has the samemeaning for the purposes of the Regulations.
LIABILITY TO DISGORGE PROFITS UPON BREACH OF CONTRACT OR A DELICT
Authors: EJH Schrage
Published: October 2021

Remedies regarding contract and tort are, generally speaking, concerned with the incidence of liability for loss or damage suffered, whereas the claim in unjust enrichment is said to require that the enrichment has occurred at the expense of the creditor. Consequently claims for breach of contract and tort are brought for damages. The following claims will, however, be denied: profits from the party who breached thecontract, the tortfeasor or which the otherwise unjustly enriched defendant has gained as a result of breaching the contract, committing the tort or invading the rights of the plaintiff. There are, however, numerous exceptions to this general rule to be found in various jurisdictions. Consequently the question arises whether these exceptions do or do not amount to a new general rule concerning disgorgement of illegally obtained profits.
THE TRANSFORMATIVE POTENTIAL OF THE CONSTITUTIONAL ENVIRONMENTAL RIGHT OVERLOOKED IN GROOTBOOM
Authors: Oliver Njuh Fuo
Published: October 2021

It is axiomatic that Grootboom (Government of the Republic of South Africa v Grootboom 2001 (1) SA 46 (CC) hereinafter “Grootboom”) remains the hallmark of the Constitutional Court’s success in terms of its transformative socio-economic rights jurisprudence. In this regard, De Vos has argued that lawyers and legal academics who wish to pursue the transformative possibilities of the Bill of Rights may find much to assist them in the Grootboom case. One of the reasons for De Vos’s recommendation is that the Court acknowledged the transformative nature of the Constitution in this Case and strongly asserted the interrelated, interdependent and mutually reinforcing nature of the rights in the Bill of Rights in achieving the transformative objectives of the Constitution. The purpose of this article is to reflect on the court’s transformative jurisprudence in Grootboom and to argue that, although the court strongly asserted the interrelated and interdependent nature of the variety of rights in Bill of Rights in fostering the transformative vision of the Constitution, it failed to highlight the centrality of the section 24 environmental right in fostering that vision. This article argues that the realization of elements of the section 24 environmental right are indispensible to the realization of rights that are generally perceived as having transformative potentials – rights entrenched in sections 26(1) and 27(1) of the Constitution. Drawing from a variety of sources, this article demonstrates the intersection between these rights and argues that the fulfilment of the section 24 environmental right can also contribute to the transformative vision of the Constitution.
CHILDREN’S EVIDENCE IN SEXUAL CASES IN THE CONTEXT OF S v QN 2012 (1) SACR 380 (KZP)
Authors: W Banoobhai  , N Whitear-Nel
Published: October 2021

This case note considers a number of issues in the context of the case of S v QN (2012 (1) SACR 380 (KZP)). These are: the competence of a childwitness, the admonishment of a child witness, the evaluation of evidence given by a child witness, the non-production of DNA evidence, and theprocedures followed regarding the use of an intermediary in terms of section 170A of the Criminal Procedure Act 51 of 1977.
CRITICAL-CARE DECISIONS ON NEONATES AND YOUNG CHILDREN IN ENGLAND AND WALES – LESSONS FOR SOUTH AFRICA
Authors: Carina van der Westhuizen
Published: October 2021

In this article it will be pointed out that in South Africa there are currently insufficient measures in place to protect the child patient, especially the neonate. A perusal of the case law of England and Wales reveals that in a number of cases on critical-care decisions the courts have used their opportunities to lay down criteria on issues such as the withholding or withdrawal of treatment in neonatal intensive care. These cases and the principles laid down in them may serve as precedents for South African case law. The English and Welsh courts have also provided guidelines on the interpretation of the best-interests standard in critical-care decisions. Guidelines on critical-care decisions were drafted by the Royal College of Paediatrics and Child Health, as well as the Nuffield Council on Bioethics. South Africa lacks suchcomprehensive guidelines on critical-care decisions concerning children. It is suggested that a comprehensive set of guidelines be drafted specifically for the unique South African position.
ROAD-ACCIDENT FUND: SERIOUS INJURY CLAIMS AND JUDICIAL PRECEDENT: THE SUPREME COURT OF APPEAL HAS SPOKEN Road Accident Fund v Duma 202/2012 and Three related cases (Health Professions Council of South Africa as Amicus Curiae) [2012] ZASCA 169 (27 November
Authors: Magda Slabbert
Published: October 2021

The appeal is based on four cases against the Road Accident Fund (the Fund) that were instituted in the South Gauteng High Court, Johannesburg, for damages suffered as a result of motor-vehicle accidents. It was not disputed that the Fund was liable to compensate the four appellants as third parties for injuries sustained in the accidents. The only matter on appeal was the plaintiff’s entitlement togeneral damages as contemplated by section 17(1) and 17(1A) of the Road Accident Fund Act 56 of 1996, read with the Regulationspromulgated under the Act. According to the Road Accident Amendment Act 19 of 2005 (which became effective on 1 August 2008) the Fund’s liability for general damages is limited to those victims who suffered “serious injury”. Unfortunately neither section 17(1) nor section 17(1A) provides any objectively determinable guidelines as to how to determine whether an injury is serious or not. Only the Regulations prescribe the procedure to be followed in order to determine whether the appellants indeed suffered “serious injuries” (Regulation 3). Regulation 3(1)(a) stipulates that a third party who wishes to claim general damages shall submit himself or herself to an assessment by a medical practitioner registered as a medical practitioner under the Health Professions Act 56 of 1974. Regulation 3(3)(a) determinesthat a third party who has been so assessed shall obtain from the medical practitioner concerned a serious-injury assessment report, defined in Regulation 1 as a duly completed RAF4 form. This form read with Regulation 3(1)(b) requires the medical practitioner to assess the seriousness of an injury in accordance with three sets of criteria. The Fund has to accept only claims for general damages if a claim issupported by a serious-injury report, duly filled in according to the method provided for in the Regulations. If the Fund is not satisfied, it must in terms of Regulation 3(3)(d) either reject the claim and give reasons for doing so, or direct that the third party submits himself or herself to a further assessment at the Fund’s expense by a medical practitioner designated by the Fund in accordance with Regulation 3(1)(b). If a claim does not comply with the prescribed procedures a claim for general damages is premature, as it is not for the court to decide whether an injury is “serious” or not. The judgment given in this appeal by Brand JA (Mhlantla, Leach JJA, Plasket and Saldulker AJJA concurring) overturned many previous cases judged by other courts including the four referred to. The clarification given by the Supreme Court of Appeal and the Road Accident Fund Amendment Regulations, 2013 that were published after the judgment, is significant andshould be taken cognisance of by any lawyer, medical practitioner involved in a RAF case or an individual approaching the Fund unaided by lawyers.
DIE REG OP KOLLEKTIEWE BEDINGING: BELANGRIKE VERWIKKELINGE
Authors: Fanie van Jaarsveld
Published: October 2021

Hierdie omstrede en uiters aktuele onderwerp van die reg op kollektiewe bedinging (sien ook a 23(5) van die Grondwet van 1996) het alreeds oor die afgelope dekade baie aandag van die howe en skrywers geniet het – veral in die lig van verskeie gebeure gedurende die onmiddellike verlede. Die afgelope aantal jare het die SA Weermag gesukkel met die hantering van soldate op arbeidsverhoudinge-vlak – soos wat verskeie protesaksies, stakingsoptredes van soldate, onderlinge lastereise teen mekaar en die onlangse Wysigingswet op Verdediging van 2011 onteenseglik laat blyk het (teen hierdie agtergrond en in hierdie konteks moet die Wysigingswet op Verdediging van 2011 dan ook verstaan word). Eweneens het ontwrigtendestakingsoptrede gedurende die tweede helfte van 2012 in die mynbousektor en die Wes-Kaapse landboubedryf duidelik getuig dat arbeidswetgewing tekort geskiet het om die onderhawige probleme sinvol te hanteer of te voorkom het.
A LEGAL ANALYSIS OF “SAVIOUR SIBLINGS” AND “BENEFACTOR CHILDREN” IN SOUTH AFRICA
Authors: Emma du Plessis  , Avinash Govindjee  , Glynis van der Walt
Published: October 2021

This contribution aims to explain how the constitutional rights to bodily integrity and autonomy affect, firstly, the legal position of “saviour siblings” and, secondly, “benefactor children”. The article also considers whether parents, in terms of South African law, have the right to make decisions concerning medical treatment and surgical procedures of this nature, on behalf of their children. A number of legal and ethical issues are considered, with the focus being on the legal implicationsassociated with these categories of children being used to save the life of an ill sibling through the donation of tissue or organs. A set of recommendations are advanced so that the legal position may be better regulated.
THE CASE OF THE SPELUNCEAN EXPLORERS IN THE SOUTH AFRICAN CONSTITUTIONAL COURT
Authors: Marius van Staden
Published: October 2021

The South African legal profession is dealing with a hermeneutic turn in the way in which meaning of legislative provisions is discovered. Meaning is no longer discovered solely through the reading of the text of a provision, but in dealing with the textual environment of which that provision forms part. The article explores some of the interpretative considerations that the Constitutional Court would have to have regard to if it were called upon to judge a case similar to that of Fuller’s “The Case of the Speluncean Explorers” – a fictionalized judgment set in the year 4300 and decided by the Supreme Court of Newgarth, but written by Fuller in 1949. The article draws a comparison between the interpretative approach adopted by the Constitutional Court and that of the five justices in the fictional case. Additionally, the article considers the phenomenon of the “broadening of the spectre of interpreters” which is a consequence of the approach adopted by the Constitutional Court, and asks what role, if any, public opinion should play in the interpretation of statutes. The article finds that these considerations should play a role in the interpretation of statutes in addition to other interpretative factors such as the text, history, purpose, context and values inherent to the South African legal order. The article concludes that interpretive debate in South Africa has failed in any real way to move beyond debates already dominant when the fictionalized judgment was written in 1949. It also reiterates the warning to the South African judiciary in particular, and the South African legal order in general, that allegiance to literalist and positivist traditional canons of statutory interpretation poses the risk of impeding the contribution which can be made by the judiciary to the transformation of South African society.
Project-based civics education: A case study of a university research center
Authors: ÖZTÜRK Talip
Published: October 2021

Project Citizen is a civic education curriculum used across the US and internationally in 75 countries, but research centers’ roles on Project Citizen lack literature. This paper examines the findings of a preliminary study designed to answer the “How does citizenship education occur through project-based learning via a research center at a university in the US?” question. In this case study, which is one of the qualitative research methods, the study group comprises faculty members, teaching assistants, teachers, and administrators working in the College of Education and research center with Project Citizen’s applications. The great majority of the participants were from the field of social studies education The data were collected through semi-structured interview forms, audiotaping, and observation. The transcription of the data set is done by using Dragon Professional software. Findings revealed that the mission of the research center’s structure, studies, personnel, and budget is an essential factor; the research center plays an active role in addressing the problems of its practice by providing the teachers with the necessary in-service training support and student guidance. Besides, there are suggestions to be taken into account in the study of establishing a similar research center. The results show that research centers will have an essential role in extending project-based civics education.
The problems of complex treatment and rehabilitation of patients with pancreatonecrosis
Authors: Ivanov Yuri V. , Solov'ev Nikolay A. , Abushenko Marina I.
Published: October 2021

The results of complex therapy of 30 patients with subtotal combined infected pancreatonecrosis are offered. It is analyzed the financial and economic components of complex treatment of the disease. Organization questions of the medical care to the patients with pancreatonecrosis are considered.
Prophylaxis and treatment of intraoperative extrahepatic biliary ducts injury in laparoscopic cholecystectomy
Authors: Ivanov Yuri V. , Sazonov Dmitriy V. , Lebedev Dmitriy P. , Nechaeva Olga E.
Published: October 2021

The article presents the modern classification of extrahepatic biliary ducts injuries in laparoscopic cholecystectomy. Three groups of biliary ducts intraoperative injures risk factors are described. The basic methods of preoperative and intraoperative prophylaxis of the biliary ducts injury and diagnostic methods are offered. The variations of surgical correction according to the level of biliary ducts injury and time duration of injury are recommended.
Rare case of gall bladder squamous cell carcinoma in pacient with cholelithic illness
Authors: Ivanov Yuryi V. , Zabozlaev Fedor G.
Published: October 2021

The clinical case of the patient with squamous cell carcinoma of gall bladder in a combination with cholelithic illness is described. Presurgical diagnostics of gall bladder cancer is difficult, demands a complex and careful assessment of disease anamnesis, a clinical sings, results of laboratory and tool analysis. At impossibility to exclude gall bladder cancer in the presence of a cholelithic illness in all cases operative treatment is needed.
Case report of differential diagnosis of dyspnea in patient with pulmonary embolism
Authors: Potievskaya Vera I. , Alekseeva Julia M. , Sitnikov Alexander V.
Published: October 2021

The analysis of the case report of the patient suffering from bronchial asthma is presented in the article. Pulmonary embolism developed in the patient lead to the changes in the character of dyspnea. The proper analysis of complaints and the dynamics of the clinical condition allowed to establish a correct diagnosis and to perform urgent pathogenic therapy.
Non-alcoholic fatty liver disease as a medical and social problem
Authors: Semendyaeva Margarita E.
Published: October 2021

The article considers the non-alcoholic fatty liver disease as an important medical and social problem. This problem include such questions as metabolic syndrome, essential lipoproteinemia, insulinoresistance. It is possible to consider non-alcoholic steatohepatitis as predictor of liver fibrosis and chirrosis. The questions of diagnosis and treatment are discussed.
Electrical impedancemetry a new method for evaluating myocardial protection in operations with heart extracorporeal circulation
Authors: Bledzhyants Gevorg A. , Bubnov Vadim A. , Puzenko Dmitry V. , Cherepenin Vladimir A.
Published: October 2021

Objective: to determine the information content of electrical impedancemetry as a method of assessing myocardial protection during cardioplegic different versions.

The study included 54 patients operated on in the emergency department of valvular defects surgery at Bakulev's Medical Center. Depending on the method of myocardial protection patients were divided into 3 groups: Group 1 - patients whom Buckberg cardioplegia was used (n = 31), group 2 - patients underwent cardioplegia solution with Custodiol (n = 9), group 3 - patients who have a perioperative myocardial protection used hyperkalium solution (n = 14). All patients were studied bioelectrical impedance of the myocardium.

The results showed that the electrical impedancemetry can well assess the state of the myocardium during surgery.
Case history of endoscopic stanting in complex treatment of chronic pancreatitis
Authors: Sazonov Dmitriy V. , Pastuhov Alexey I. , Lesnyak Viktor N. , Semendyaeva Margarita E.
Published: October 2021

The problem of chronic pancreatitis treatment is very relevant. It makes more questions than answers. In case of pancreatic duct stenosis with super stenosis dilatation the endoscopic stanting may be one of alternative methods in complex treatment of chronic pancreatitis. We describe the case history of using this technology.
Tasa de incidencia del accidente cerebrovascular en el Perú
Authors: Bernabé-Ortiz Antonio , Carrillo-Larco Rodrigo M.
Published: October 2021

Objetivo: Determinar la tasa de incidencia del accidente cerebro vascular (ACV) total y por subtipos en el Perú entre 2017 y 2018. Materiales y métodos: Análisis de datos de morbilidad hospitalaria obtenidos de la Superintendencia Nacional de Salud (datos abiertos). A partir de los códigos CIE-10 se estudiaron la hemorragia subaracnoidea (I60), la hemorragia intracerebral atraumática (I61), el infarto cerebral (I63) y el ACV no especificado (I64). Se estimó la tasa de incidencia cruda y estandarizada por edad (comparando contra la población de la Organización Mundial de la Salud) y se usó como denominador el número de personas según año, edad y sexo de acuerdo con proyecciones nacionales. Resultados: En 2017, se registró un total de 10 570 casos de ACV, mientras que en 2018 hubo 12 835. Los eventos isquémicos fueron más frecuentes en ambos años. Independientemente del subtipo de ACV y del año, los varones fueron más afectados que las mujeres. En la población de 35 años a más, se evidenció un aumento en la incidencia cruda de ACV total entre 2017 y 2018, de 80,9 a 96,7 por 100 000 personas-año. La incidencia estandarizada mostró la misma tendencia, pero en mayor magnitud: de 93,9 a 109,8 por 100 000 personas-año. El ACV isquémico fue el que más aumentó, con una tasa estandarizada en mayores de 35 años de 35,2 en 2017 y de 46,3 en 2018 por 100 000 personas-año. Conclusiones: La incidencia de ACV es elevada en el Perú, con predominio de casos isquémicos y afectando desproporcionalmente a los varones. Estos resultados sugieren la necesidad de tener un sistema de vigilancia para cuantificar la incidencia de estos casos y entender sus determinantes.
Mucormicosis rinoorbitaria pediátrica. Primer caso peruano en tiempos de pandemia por COVID-19
Authors: Meregildo-Rodriguez Edinson Dante , Espino-Saavedra Walter Giovanny
Published: October 2021

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Teletrabajo, impactos en la salud del talento humano en época de pandemia
Authors: Tejada Becerra Clara Cecilia , Reyes Zuluaga Luis Fernando
Published: October 2021

Introducción: La pandemia COVID-19 aceleró el teletrabajo. Es imperante conocer los riesgos laborales asociados al teletrabajo, por espacios físicos, el mobiliario y los accesorios que se incorporaron al trabajo. Esto genera un riesgo psicosocial y físico que puede terminar afectando la salud del trabajador.
Objetivo: Conocer los riesgos laborales implicados por el teletrabajo y los impactos causados en la salud del trabajador.
Métodos: investigación teórico-descriptiva de tipo documental. Se hizo una revisión de literatura relacionada con los riesgos laborales que implica el desarrollo del teletrabajo.
Resultados: los riesgos más comunes encontrados: trastornos musculo-esqueléticos: dolor dorsal de columna, lumbar, en hombros, en antebrazo y dedos; asociados al mobiliario y accesorios de computador. Trastornos de cuello y extremidades superiores, asociadas a malas posturas, posturas estáticas prolongadas, movimientos repetitivos. Alteraciones visuales: ardor, visión borrosa, ojo seco, ojo rojo, asociadas al tiempo frente a la pantalla y mala iluminación. Trastorno psicosocial por sobrecarga de trabajo, conflicto trabajo–familia, aislamiento social; asociados a la organización del tiempo, utilización prolongada de TIC y falta de espacios exclusivos para teletrabajar.
Conclusiones: Son diversos los trastornos generados por el teletrabajo. Los trastornos se deben a los espacios, el mobiliario, condiciones físicas, uso prolongado de TIC. Los trastornos mentales se originan por sobrecarga, largos periodos de trabajo y la relación familiar-trabajo. Para evitar riesgos laborales se debe garantizar un mobiliario y accesorios adecuados con las características físicas del trabajador, un espacio exclusivo con condiciones físicas apropiadas para tener un ambiente de trabajos cómodo.
Honor y magia en la vida pandillera
Authors:   Universidad Icesi, Ordóñez Valverde Jorge
Published: October 2021

La gran mayoría de los análisis que se producen sobre la violencia en Colombia dejan la sensación en el lector de que “algo falta”, para poder efectivamente descifrar el sentido complejo de los fenómenos estudiados. Los crímenes y las formas de violencia tienen unas características específicas, sobre todo en lo que tiene que ver con las formas del horror y la sevicia, que difícilmente se pueden interpretar en el marco de los análisis convencionales. Este libro, por el contrario, colma plenamente nuestras exigencias de investigación ya que nos ofrece una respuesta a la pregunta de cómo unos jóvenes de barriada llegan a matar, con base en la configuración de la subjetividad y la pertenencia a grupos de pares, que hacen posible que se pueda desplegar la crueldad, infligir dolor y sufrimiento a las víctimas, sin que la culpa se convierta en un obstáculo para sus victimarios [Alberto Valencia Gutiérrez].
LEI GERAL DE PROTEÇÃO DE DADOS (LGPD): O DESAFIO DE SUA IMPLANTAÇÃO PARA A SAÚDE
Authors: Hawryliszyn Larissa Oliveira , Coelho Natalia Gavioli Souza Campos , Barja Paulo Roxo
Published: October 2021

Em 2020, entrou em vigor a Lei Geral de Proteção de Dados (LGPD), que havia sido aprovada em 2018, com a finalidade de promover a proteção dos dados pessoais de todos os cidadãos que estejam no Brasil, afetando diferentes setores e serviços. No presente trabalho, buscamos discutir a aplicabilidade da LGPD no setor da saúde, uma vez que este pode ser considerado o setor de adequação mais complexa a esta legislação, por trabalhar a todo momento com dados sensíveis. Durante o estudo, foi possível detectar situações em que, ao mesmo tempo, as informações do paciente auxiliam em seu cuidado, mas geram dificuldades para adequação da lei. Esta implementação da LGPD requer cuidado e envolvimento de toda a instituição, o cumprimento de boas práticas, estruturadas e mantidas por uma governança que se preocupa com normas de segurança, padrões técnicos, ações educativas, fiscalizações internas, assim como mapeamento e ações de mitigação de riscos.
Editorial
Authors: Oliveira Vânia Braz de
Published: October 2021

Editorial
ATUALIZAÇÃO CULTURAL E LONGEVIDADE: A PREDOMINÂNCIA DO GÊNERO FEMININO EM ESPAÇOS DE EDUCAÇÃO CONTINUADA: FACULDADE DA TERCEIRA IDADE UNIVAP – EM TEMPOS DE PANDEMIA
Authors: Guedes Débora Wilza de Oliveira , Santos Alessandra dos Reis , Oliveira Nayara Benedita Maria de
Published: October 2021

Diante do desenvolvimento e dinamicidade societária, e em consonância com os avanços tecnológicos, o envelhecimento humano se caracteriza como um processo de múltiplas transformações: biológicas, psicológicas, sociais e transdisciplinares. Este artigo tem como objetivo analisar o perfil socioeconômico das pessoas idosas que frequentam a Faculdade da Terceira Idade da Universidade do Vale do Paraíba (UNIVAP), localizada no município de São José dos Campos, no estado de São Paulo, demonstrando a predominância do gênero feminino em espaços de educação continuada, a fim de investigar os fatores da longevidade associados à essas mulheres; tendo como metodologia a observação participativa neste meio social através da supervisão de campo e estágio em Serviço Social, junto à pesquisas de abordagem qualitativa e quantitativa acerca da questão. Logo, a temática central do presente artigo é analisar os dados evidenciados no perfil socioeconômico das pessoas idosas que frequentam a Faculdade da Terceira Idade, dados estes elaborados e estudados pelo Serviço Social da Faculdade da Terceira Idade UNIVAP, e os possíveis fatores associados ao aumento da longevidade.
CONTRIBUIÇÕES DOS HERSCHEL PARA O DESENVOLVIMENTO DA CIÊNCIA
Authors: Lorensi Caren , Rosa Deise Aparecida
Published: October 2021

A humanidade estabelece vínculos investigativos sobre o céu há muito tempo e desde que se tem o registro de suas primeiras verificações até o momento, muitas coisas mudaram: o conhecimento a respeito do universo se expandiu, planetas e outros corpos celestes foram descobertos, o Sol e sua relação com a Terra ficaram melhor compreendidos. Com o passar do tempo, estabeleceram-se estudos mais difundidos na área, houve melhorias nos equipamentos de pesquisa e, com isso, um número maior de pessoas vem atuando nesta área científica. Os irmãos William e Caroline Herschel começaram a investigar os céus da Inglaterra ainda no século XVIII com seus telescópios artesanais. Caroline colocou seu nome na ciência e carregou consigo as honras de ter sido a primeira mulher reconhecida oficialmente como astrônoma, bem como membro da prestigiada Royal Society. William consagrou-se como astrônomo, construtor de telescópios e passou seu conhecimento às gerações seguintes, iniciando por John Herschel, seu filho. John continuou os trabalhos do pai e da tia, além de contribuir para outras áreas, pois seus interesses iam desde as ciências naturais e exatas até as artes. Este trabalho apresenta um resumo da história dos Herschel que, mesmo tendo contribuído para a ciência, seus nomes são pouco conhecidos em sala de aula. Os esforços científicos de William e Caroline Herschel, que de músicos tornaram-se astrônomos renomados, pode ser visto como incentivo nos dias atuais.