bluuebunny/crossref_metadata_2025 huggingface dataset:
Theory of Politics in Poland on the Track of Consensual Approaches to “the Political”
Authors: Młyńczyk Łukasz
Published: January 2024

Polish political theorists’ research revolves around the question of the political. There have been many analyses of this issue in Polish political science journals, for which the starting point was antagonistic and subsequently agonistic approaches to the political. Against this background, inquiries going in the direction of consensual approaches constituted a minority; additionally, it is difficult to synthesise them directly from the output of Polish theorists, as these approaches are often not explicitly articulated, but their significant elements appear in nominally non-consensual considerations. The purpose of this article is to bring this picture closer, not only from the personal side, but also as an attempt to reconstruct the essence of the political in terms of consensus, no longer antagonism or agonism. The other objective is to indicate both the theoretical potential of this approach and its interpretative usefulness against the background of other dominant approaches.
Agency and Political Action. The Main Theoretical Trends in Polish Political Sciences
Authors: Drałus Dorota
Published: January 2024

In this article I discuss the views of contemporary Polish political scientists concerning the subject of political agency. I stress the diversity of research perspectives adopted in the Polish literature on the subject and no less diverse conceptions of agency. I also emphasise differences in the understanding of the qualities of agency, especially the capacity for political action and participation in political processes. The analysis demonstrates the pluralism of the accepted concepts of political ontology. I also argue that it is important for Polish political scientists to preserve the autonomy and specificity of the political science research on agency, in particular the independence of this discipline from philosophical perspectives.
Categories of ‘Political Actor’ and ‘Political Agency’ as Research Objects of Polish Political Theorists
Authors: Borowiec Piotr
Published: January 2024

The aim of the article is to present the history of research on the categories of “political actor” and “political agency” conducted by Polish political scientists. The article shows how they were defined and how the theories of society and politics prevalent at a given time shaped their understanding. Initially, both categories alluded to the collective vision of activity, to finally appreciate the role of individuals in initiating activity. The way researchers viewed the significance of political actors was changing over time as well; at the beginning, social classes and subsequently large groups were seen as crucial, while individuals were only eventually recognised as the source of agency. The article demonstrates that both categories have changed over the years, adapted to new social order, social structure and, in particular, to the ideologies prevalent in society. The article pays special attention to the concepts developed by Mirosław Karwat and Andrzej Czajowski.
Polish Political Theorists on the Position and Role of the Individual in Politics
Authors: Wieczorek-Orlikowska Joanna
Published: January 2024

This article aims to survey the principal viewpoints of Polish political theorists regarding the position and role of the individual in politics. The discussion involves a thorough analysis of the categories of individual and collective political actors, their distinctive features, and the concept of agency and its new interpretations within the Polish political science. These new interpretations signal evolution in the traditional categorical framework in response to contemporary challenges. The study applies a method of analysis and synthesis incorporating aspects of the dialectical method. The outcome presents a juxtaposition of viewpoints within political science spanning the past several decades, identifying areas of convergence and significant divergences.
Antibiotic knowledge assessment questionnaire in undergraduate pharmacy students: A Rasch analysis of validity evidence
Authors: Kusuma Ikhwan Yuda , Bahar Muh. Akbar , Nuari Doni Anshar , Prabandari Rani , Soeharto Soeharto , Csupor Dezső , Benkő Ria , Matuz Mária
Published: January 2024

Background: Antibiotic knowledge is crucial for undergraduate pharmacy students who are future healthcare professionals. However, a valid and reliable instrument to assess their knowledge is scarce. This study aimed to develop and validate an Antibiotic Knowledge Assessment Questionnaire (AKAQ).
Methods: The AKAQ had three domains and 29 items, encompassing general antibiotic knowledge, antibiotic resistance, and antibiotic stewardship. Rasch analysis was used to assess psychometric properties, including validity parameters (item and person fit and structural validity), reliability (person and item reliability, Cronbach’s Alpha value), item-person interaction, and item bias, using differential item functioning (DIF) based on tems.
Results: This study included 500 undergraduate pharmacy students from 90 Indonesian universities. The validity of the questionnaire was demonstrated, except for one item. Person means infit and outfit for MNSQ were 1.02 and 0.95, whereas ZSTD were 0.11 and 0.08, respectively. Items means infit and outfit for MNSQ were 1.01 and 0.96, while ZSTD were 0.11 and -0.23. Item and person reliabilities were acceptable at 0.99 and 0.68. Cronbach’s alpha reliability was acceptable at 0.71. Two items were biased by term.
Conclusion: The AKAQ is a valid, reliable, and standard instrument for assessing the antibiotic knowledge levels of undergraduate pharmacy students.
"SPIRITUAL ENLIGHTENMENT”: UNDERSTANDING AND PREVENTING CORRUPTION THROUGH AL-QURAN PRINCIPLES
Authors: Prayogo Agung , Siregar Muklis , Harahap Mardian Idris
Published: January 2024

The politics of corruption in Indonesia has become an electoral culture for personal and group interests that makes people miserable. Indonesia itself is ranked 110th out of 180 countries in the world for corruption cases, so serious efforts are needed to prevent corrupt practices. The article uses qualitative research using the Maudu'i method by connecting verses from the Koran related to the topic of corruption. Primary data is the Koran, while secondary data comes from journal articles, web data and news related to corruption. This article explains the definition of corruption in the Koran and the urgency of corruption which clearly endangers the state, especially the role of the state in the welfare of the people. The verses of the Koran clearly provide instructions and prohibitions on corrupt practices which are prohibited in Islam. Islam itself explains that corrupt practices have existed since the time of the Prophet as described in the verses of the Koran. This article offers efforts to prevent corruption, including protecting the people by providing a sense of security, enforcing the law fairly, character revolution, increasing human resources through religious education.
VALUES OF ISLAMIC EDUCATION IN THE BOOK "TURNING DEFEAT INTO VICTORY LEARNING FROM THE UHUD WAR" BY HEPI ANDI BASTONI
Authors: Mahira Nazza , Hidayat Rahmat , Aqsho Muhammad
Published: January 2024

This research method is library research. The Aims of this research are: (1) To find out what the values of Islamic education contained in the book Changing Defeat into Victory are learned from the Battle of Uhud by Hepi Andi Bastoni, (2) To find out how the construction of Islamic educational values contained in the book Changing Defeat into Victory Learning from the Uhud War by Hepi Andi Bastoni, (3) To find out how The implications of the values of Islamic education contained in the book Changing Defeat into Victory Learning from the Battle of Uhud by Hepi Andi Bastoni with current educational practices.The results showed that The values of Islamic education contained in the book Turning Defeat into Victory Learning from the Uhud War are: : (a) Values of Faith education consist of (i) Faith in Allah SWT, (ii) Faith in Angels, (iii) Faith in the Prophet and Messenger, (iv) Belief in the Last Day, (v) Belief in Qada and Qadar. (b) Values of Moral Education consist of (i) Trust, (ii) Love, (iii) Sincerity, (iv) Tawakal, (v) Patience, (vi) Deliberation, (vii) Courage, (viii) Keep promises, (ix) Please help and (x) Tolerance. And (c) Worship Education Values consist of (a) Mahdah Worship, namely Prayer and (b) Ghairu Mahdah Worship, namely praying.
ISLAMIC EDUCATION VALUES IN THE NUSSA ANIMATION SERIES EPISODE TOLERANCE
Authors: Ramadhani Sari , Hasballah Thaib Zamakhsyari Bin , Aqsho Muhammad
Published: January 2024

The aim of this research is to determine: (1) The values of Islamic education in the animated series Nussa episode of tolerance, (2) The relevance of the values of Islamic education in the animated series Nussa episode of tolerance with the Quran, and (3) Correlation the values of Islamic education in the animated series Nussa, tolerance episode with the challenges of today's Islamic education. This research uses qualitative research methods in the form of library research, where the majority of this research is analyzing and reviewing books and other literature as references related to the theme being researched. The results obtained from this research show that: (1) There are three values of Islamic education in the animated series Nussa episode tolerance, namely i'tiqodiyah values, amaliyah values, and khuluqiyah values. (2) There is relevance of Islamic education values in the Nussa animation series, tolerance episode with the Quran, such as i'tiqodiyah values which are relevant to (QS. An-Nisa' [4]: 136), relevant amaliyah values with (QS. Al-'Ankabut [29]: 46), and (QS. Al-Mumlahanah [60]: 8) which are relevant to the value of khuluqiyah. (3) It was found that there was a correlation between the values of Islamic education in the animated series Nussa episode of tolerance and the challenges of Islamic education today, namely the use of advances in science and technology, the good morals displayed that can be an example so that moral decadence does not occur, and the existence of educational democracy. An-Nisa' [4]: 136), amaliyah values which are relevant to (QS. Al-'Ankabut [29]: 46), and (QS. Al-Mumlahanah [60]: 8) which are relevant to khuluqiyah values. (3) It was found that there was a correlation between the values of Islamic education in the animated series Nussa episode of tolerance and the challenges of Islamic education today, namely the use of advances in science and technology, the good morals displayed that can be an example so that moral decadence does not occur, and the existence of educational democracy. An-Nisa' [4]: 136), amaliyah values which are relevant to (QS. Al-'Ankabut [29]: 46), and (QS. Al-Mumlahanah [60]: 8) which are relevant to khuluqiyah values. (3) It was found that there was a correlation between the values of Islamic education in the animated series Nussa episode of tolerance and the challenges of Islamic education today, namely the use of advances in science and technology, the good morals displayed that can be an example so that moral decadence does not occur, and the existence of educational democracy.
STRATEGI PENINGKATAN BUDAYA BACA PESERTA DIDIK PADA MATA PELAJARAN PENDIDIKAN AGAMA ISLAM DI SMK HARAPAN MEKAR II
Authors: Maipuja Dira
Published: January 2024

The culture of reading is both a prerequisite and a characteristic of the progress of a nation or society. An advanced nation or society places the habit of reading as one of the necessities of life. The approach taken in this research is a qualitative approach. A qualitative approach is a way of understanding a phenomenon as a distinctive uniqueness in a particular situation with various interaction complexities. In the strategy carried out by the teachers of SMK Harapan Mekar 2, the teachers give assignments to the students, one of which assigns students to look for information either from newspapers, magazines, the internet or from reading books in this task, students will carry out the assigned tasks and will become interested in reading so that reading students will grow and develop.
ACADEMIC SUPERVISION AS AN EFFORT TO IMPROVE TEACHER TEACHING QUALITY AND STUDENT LEARNING OUTCOMES AT BABUSSALAM BESILAM PRIVATE TSANAWIYAH MADRASAH
Authors: Hannum Ikhsanti
Published: January 2024

This research discusses the academic supervision carried out by the Madrasah supervisor for teachers at the private Babussalam Besilam Tsanawiyah Madrasah. The aim is to explain how the implementation of supervision activities can improve the quality of teaching and student learning outcomes in the Madrasah, in the 2022/2023 academic year. The main focus of the research is the preparation of learning planning tools that must be made by teachers. The use of steps divided into three cycles as the main way to collect data. This method is certainly a characteristic of the type of qualitative research using the School Action Research (PTS) approach. Product moment analysis and t test as a way to manage and analyze data, with 15 teachers used as samples. The ability to prepare learning plans and learning components is an assessed criterion. The results of the research were that in cycle I the validity value of the teacher's learning planning ability was 0.730 and the learning components were 0.713, while the t test value of the teacher's learning planning abilities was 3.856 and the learning components were 1.759. In calculating the second cycle against the third cycle, the validity value of the teacher's learning planning ability was 0.911 and the learning component was 0.906, with a t test of 7,948 for the teacher's learning planning ability) and 3,701 for the learning planning component. For teacher pedagogical competence, the average score for 15 subjects in the initial activities in the first cycle to the second cycle was 0.690 for validity and 3.438 for the t test. Meanwhile, in the second cycle and the third cycle, the validity value of the initial learning activities reached 0.883 and the t test value reached 6.773. These results indicate a significant increase in teacher abilities.
FAZI DIJAGNOSTIKA STANjA NADZEMNIH VODOVA
Authors:   University of Belgrade, School of Electrical Engineering, Ivković Pavle , Antonijević Vladimir ,   University of Belgrade, School of Electrical Engineering, Mlađenović Lazar ,   University of Belgrade, School of Electrical Engineering, Žarković Mileta ,   University of Belgrade, School of Electrical Engineering, Žarković Dragana ,   LC NUCLEAR OBJECTS OF SERBIA
Published: January 2024

Transmission lines are an essential link between production and consumption that enables continuous flow of the necessary amount of electric energy. They extend over large areas and are therefore exposed to various influences of the outside environment, which together with load conditions greatly affects their general condition. In this paper an transmission line expert system is established consisting of four subsystems which indicate: the general state of transmission line,the state of phase conductors and ground wire,the state of insulators and transmission line hardware, and the state of pillar and grounding system. The input parameters of the first subsystem are: outbursts, insulator replacement, intervention, and workover frequency. The input parameters of the second subsystem are: life expectancy, overtemperature and corrosion of the steel core. The imput parameters of the third subsystem are: percentage of mechanical damage and rust condition of the metal. Whereas the input parameters of the fourth subsystem are: the physical condition of the pillar, the grounding resistance and the life span of the pillar. By applying the fuzzy logic, the established expert systems will enable automated analysis of the state of transmission lines and automated decisions on their further exploitation and maintenance
UNAPREĐENJE KONCEPTA ODRŽAVANJA – MOGUĆNOST ZA PRELAZAK NA ODRŽAVANJE DALKOVODA NA OSNOVU STANJA
Authors:   JSC ELEKTROMREZA SERBIA, Đorđević Branko , Spaić Miloš ,   JSC ELEKTROMREZA SERBIA, Ilić Vladimir M. ,   JSC ELEKTROMREZA SERBIA
Published: January 2024

The paper has been discussed about possibility for the transition from time base to condition base maintanance of over head transmission lines and analised conditions for changing the concept of maintenance. The scope of work is to consider the current way of working on the maintenance in Belgrade transmission system area of EMS AD and the possibility of switching to condition based maintenance in order to improve the quality of maintenance, more efficient use of human resources and more economical planning and use of transmission lines. The paper has been performed techno-economic analysis and comparison of transmission line maintenance according to the existing and new maintenance concept on Belgrade transmission system area of EMS AD through four maintenance parameters: - Transmission line disconnections (plan and implementation) - Structure of works on transmission lines (inspections, revisions, works) - Engaging executors on transmission lines - Condition of equipment on transmission lines (observed and eliminated objections). According to the stated maintenance parameters, the paper has been drawed conclusions regarding the possibility of applying the new maintenance concept
ANALIZA HVATANJA LEDENIH NASLAGA NA FAZNIM PROVODNICIMA, ZAŠTITNOJ UŽADI I IZOLATORIMA DALEKOVODA NAPONSKIH NIVOA 110, 220 I 400 KV NA TERITORIJI REPUBLIKE SRBIJE
Authors:   JSC ELEKTROMREZA SERBIA, Tomić Žarko , Radonjić Andrija ,   JSC ELEKTROMREZA SERBIA, Višnjić Aleksandra ,   JSC ELEKTROMREZA SERBIA, Milanov Ivan ,   ELEKTROISTOK - PROJEKTNI BIRO D.O.O.
Published: January 2024

The area of the Republic of Serbia is exposed in the winter to weather conditions suitable for the formation of deposits of ice, frost, wet snow or their combination on conductors, ground wire or insulators of transmission lines. The paper will present methodologies for prediction, prevention and removal of ice deposits on transmission lines of voltage levels 110, 220 and 400 kV. The application of passive methods in the removal of ice deposits will be presented, as well as the methodology of removing ice deposits using DC current using mobile equipment. A techno-economic analysis of the installation of "counterweights" on the new transmission lines will be performed
ANALIZA REALNIH KAPACITETA NADZEMNIH VODOVA ZA PRIKLJUČENJE VETROELEKTRANA I SOLARNIH ELEKTRANA VELIKE SNAGE
Authors:   University of Belgrade, School of Electrical Engineering, Džodić Kristina , Todorović Danka ,   Electricity coordinating center – EKC, Belgrade, Serbia, Žerajić Miroslav ,   JSC ELEKTROMREZA SERBIA, Đurišić Željko ,   University of Belgrade, School of Electrical Engineering
Published: January 2024

Decarbonisation of electrical energy generation has led to the fast development of the large wind and solar power parks projects considering their connection point at all voltage levels of the transmission grid. Production of these sources depends on the wind and solar energy and ampacity of the overhead lines that are subject of the wind and solar power parks connection. It also depends on the stochastic nature of the wind and solar energy. Traditional approach for the overhead lines ampacity calculation is based on the assumption that energy production does not depend on the cooling conditions, and these calculations consider the worst case cooling conditions. This approach works for the conventional power plants such as thermal and hydro, because their production can be independent from the weather conditions. Having in mind that thermal rate of overhead lines highly depends on the wind speed and solar irradiation, the actual overhead lines ampacity for the wind and solar power parks connection should be calculated taking into consideration weather conditions. In this paper physical models for the overhead lines conductor temperature calculation under different wind and irradiation conditions will be presented. Based on the developed models, it will be possible to determine maximum values of the power that can be connected to the system without causing overloads of the overhead lines that are subject of connection
ANALIZA MOGUĆNOSTI PRIMENE PROVODNIKA VEĆE PRENOSNE MOĆI NA POSTOJEĆIM NADZEMNIM VODOVIMA 110 kV
Authors:   ELEKTROISTOK PROJEKTNI BIRO D.O.O. Serbia, Milanov Ivan , Skrobonja Sava ,   ELEKTROISTOK PROJEKTNI BIRO D.O.O. Serbia, Despotović Stefan ,   ELEKTROISTOK PROJEKTNI BIRO D.O.O. Serbia, Terzić Aleksandar ,   JSC ELEKTROMREZA SERBIA
Published: January 2024

In recent years, due to the construction of a large number of new industrial facilities, the demand for electricity is growing significantly, especially in urban areas that have regulated infrastructure and established industrial zones. In such environments, with construction and space constraints, one of the solutions for supplying new consumers with electricity is the use of existing overhead lines, where it is necessary to ensure an increase in their transmission capacity. The paper analyzes the possibility of using conductors whose construction enables higher transmission power of the existing 110 kV overhead lines. Several types of so-called special conductors are included, comparing their characteristics in terms of permanently allowed temperature, current load, power losses, deflection, safety coefficients, special approach to installation, etc. on concrete examples for adaptation of existing 110 kV overhead lines. In addition to the advantages that special conductors have in relation to the "typical" conductor, the paper also gives an overview of possible limitations of their application on existing overhead lines.
ANALIZA GRANIČNIH USLOVA GALVANSKOG UTICAJA U BLIZINI STUBOVA VISOKONAPONSKIH NADZEMNIH VODOVA
Authors:   ELEKTROISTOK PROJEKTNI BIRO D.O.O. Serbia, Despotović Stefan , Milanov Ivan ,   ELEKTROISTOK PROJEKTNI BIRO D.O.O. Serbia, Curović Nada ,   JSC ELEKTROMREZA SERBIA, Trifunović Jovan ,   University of Belgrade, School of Electrical Engineering
Published: January 2024

Due to the accelerated process of urbanization, i.e. the expansion of urban and suburban areas, overhead lines that supply urban substations are often surrounded by residential and industrial facilities, roads, parking lots, etc. Therefore, water, sewage, energy and telecommunication networks can be expected in the immediate vicinity of the overhead line towers. After a short circuit occurs on the overhead line, the current that is discharged through the grounding of the tower into the ground leads to an increase in the potential of the ground which can endanger the safety of the person or damage the insulation of the installation in its vicinity. The paper analyzes the parameters that affect the value of potential, i.e. how this value changes depending on the distance of the object from the tower, the value of short-circuit current, the resistance of the surrounding soil etc. The aim of the analysis is to graphically present all boundary conditions, i.e. conditions under which the galvanic influence of overhead line on the surrounding objects is reduced to the allowed values. The paper also gives an overview of possible measures that can reduce the contact and step voltage near the tower
MODELOVANJE ZALEĐIVANJA PROVODNIKA I IZRADA KARATA DODATNOG OPTEREĆENJA OD LEDA I UDARNOG PRITISKA VETRA ZA POTREBE NACIONALNOG PRILOGA STANDARDU EN 50341-1:2012
Authors:   JSC ELEKTROMREZA SERBIA, Terzić Aleksandar , Petrović Nebojša ,   JSC ELEKTROMREZA SERBIA
Published: January 2024

Theoretical aspects of conductor icing modelling. Available climatic reanalysis models and their applicability on conductor icing modelling. Available icing modelling procedures. Types of conductor icing. Description of applied icing model. Peak wind velocity pressure modelling. Conclusion and further steps
PRIMENA JAVNO DOSTUPNIH GEODETSKIH PODATAKA U RANIM FAZAMA PROJEKTOVANJA VISOKONAPONSKIH DALEKOVODA
Authors:   ELEM & ELGO LTD, Belgrade, Serbia, Jonić Jelena , Radosavljević Uroš ,   ELEM & ELGO LTD, Belgrade, Serbia, Golubović Miloš ,   ELEM & ELGO LTD, Belgrade, Serbia
Published: January 2024

The paper presents the principle of using publicly available geodetic data using the Google Earth application as an example. The paper presents interface of the program as well as several basic options to use the software and the way to extract geodetic data. The analysis of the accuracy of the obtained data on different terrain configurations is provided, as well as the advantages and disadvantages in relation to other ways of collecting the geodetic data. In Conclusion, authors provided some recommendations when the accuracy of the obtained data can be considered satisfactory compared to other cases when it is necessary to apply other procedures for collecting the input data.
IZBOR SILUETE I DIMENZIONISANJE KONSTRUKCIJE I GLAVE STUBA VISOKONAPONSKIH DALEKOVODA
Authors:   ELEKTROISTOK PROJEKTNI BIRO D.O.O. Serbia, Kojić Lazar , Krstivojević Jelisaveta ,   University of Belgrade, School of Electrical Engineering, Mrdaković Vesna ,   ELEKTROISTOK PROJEKTNI BIRO D.O.O. Serbia
Published: January 2024

Towers are the most important structural components of overhead lines. The correct selection of the silhouette of the tower and the sizing of the top tower geometry are important both from the technical aspect and from the aspect of fitting the transmission line into the environment, i.e. the smallest possible disturbance of the existing environment. The paper first reviews the silhouettes of transmission line towers and gives recommendations for their selection.The shape of the top tower geometry is defined by the selection of the silhouette of the tower, while its dimensions are determined by the prescribed safety distances. The paper presents the procedure for dimensioning the top tower geometry and the terms for the calculation of the required safety distances according to the current Ordinance and according to the new approach that will be included in Ordinance which is being prepared. The paper reviews the methods for calculating the allowable distances in the middle of the span which are used in different parts of the world, with a critical comparison with the method of calculation used in the Republic of Serbia.A new software tool for calculating and checking the allowed distances in the middle of the span has been developed and presented in the paper. The software tool additionally generates a calculation report in the form of a PDF document, which makes it suitable for application during transmission line design
UTICAJ ČUJNE BUKE USLED KORONA EFEKTA NA PROJEKTOVANJE NADZEMNIH VODOVA
Authors:   ELEM & ELGO LTD, Belgrade, Serbia, Antonijević Mihailo , Golubović Miloš ,   ELEM & ELGO LTD, Belgrade, Serbia
Published: January 2024

The design of overhead transimisson(OHTL) line is a complex task that includes a number of multi-criteria analyzes, the result of which is an optimal solution from a technical and economic aspect. In addition to the optimization of the transmission line from the techno-economic aspect, nowadays special attention is paid to the impact of the transmission line on the environment during construction and operation. This paper deals with the topic of the influence of audible noise that occurs in the vicinity of transmission line elements due to the corona effect. This paper will present the calculation of noise levels due to the corona effect according to two methodologies BPA (Bonneville Power Administration) and EPRI (Electric Power Research Institute), which was carried out in the application made by the author in the Python programming language. In addition to the presented methodologies for noise calculation, the paper will show on a concrete example how the change of different OHTL parameters is used to change the noise level. Finally, comparisons with the results of other studies and measurements on the lines in operation will be presented, as well as a brief overview of the measures and technical solutions for reducing noise levels
UPOREDNA ANALIZA JEDNOPOLNIH ŠEMA TS VN/SN SA DVA VN SISTEMA SABIRNICA SA JEDNIM, 1,5 I DVA PREKIDAČA PO POLJU
Authors:   AKADEMJA TEHNIČKIH STRUKOVNIH STUDIJA BEOGRAD, Perić Dragoslav , Tanasković Miladin
Published: January 2024

High-voltage and medium-voltage (HV/MV) substations connect transmission and distribution systems with consumers of electric energy. Reliability calculations were done using the user program written in the worksheets for the selective search method and the tabular method applied in this paper. For all elements of the HV / MV SS scheme, the frequency and duration of interruptions were used as indices of reliability. Reliability indicators were calculated for the functions of complete interrupt of electricity transit, interrupt of half of electricity transit, interrupt of whole and loss of half of transformation power. Schemes with double busbars on the high voltage side with one, 1.5 and two circuit breakers per field in HV / MV substations with air insulated plants were analyzed.
On making, reporting, and repeating defamatory statements
Authors: Fagan Anton
Published: January 2024

This note starts by distinguishing the making from the reporting of a defamatory statement, and both of these from the repetition of one. Thereafter, having introduced the general rule that a defendant who made or reported a defamatory statement about a plaintiff to a third party cannot avoid liability on the ground that she was merely repeating a statement made by a fourth party, the note goes on to discuss certain already-existing exceptions, and possible exceptions, to this rule. Finally, the note looks at whether our law should acknowledge a further exception, namely where a defendant repeated a defamatory statement by reporting it, while knowing it to be false, but did so only in order to refute it.
A consideration of the Registrar’s powers in matters relating to the National Credit Act: An analysis of Gcasamba v Mercedes-Benz Financial Services (Pty) Ltd and Ngandela v Absa Bank Ltd
Authors: Singh Ciresh
Published: January 2024

Section 23 of the Superior Courts Act 10 of 2013, read with rule 31(5) of the Uniform Rules of Court, empowers the Registrar of the High Court, save in exceptional circumstances involving residential property, to grant default judgments. The purpose of this rule is to prevent the overburdening of the court roll and judicial workload by allowing Registrars the discretion to grant default judgments in uncomplicated, undefended matters. In recent judgments in Gcashamba v Mercedes-Benz Financial Services SA (Pty) Ltd & another 2023 (1) SA 141 (FB) and Ngandela v Absa Bank Ltd & another [2023] ZAECELLC 6, the courts both found that a Registrar is not empowered to grant default judgments in matters relating to the National Credit Act 34 of 2005. The question thus arises whether the National Credit Act has changed and effectively reduced the Registrar’s powers. The implications of these judgments are far-reaching. Not only do they appear to have lessened the powers of the Registrar, but they also have the effect of increasing the administrative workload of judges and potentially delaying the enforcement process of credit agreements subject to the National Credit Act.
The application of the doctrine of informed consent in South African medical law: Reflections on significant developments in the case law
Authors: Swart Marno , Carstens Pieter
Published: January 2024

The doctrine of informed consent is the foundation of the physician–patient relationship. This doctrine remains controversial despite its importance, and issues involving consent are frequently litigated. This article examines the application of the doctrine of informed consent in South African medical law as it has developed in South African case law. This examination first sets a normative background for consent as a ground of justification against a wrong ful act in either contract or delict (or both) that is significantly influenced by the Constitution of the Republic of South Africa, 1996. Against this normative background, a selected anthology of nine significant judgments by South African courts is analysed, with specific attention paid to the critical shift prompted by the promulgation of the Constitution. Finally, the analyses of the nine judgments are consolidated and collated to draw conclusions about the triumphs and failings of the South African courts, based on the normative background. This analysis reveals which aspects of the doctrine of informed consent have crystallised in South African medical law and which remain unclear.
Identification parades in South Africa — Time for a change?
Authors: Tredoux Colin G , Fitzgerald Ryan J , Allan Aldred , Nortje Alicia
Published: January 2024

Identification parades are essential when obtaining evidence of identity from eyewitnesses. Eyewitnesses are shown a line of people containing the suspect(s) and innocent fillers, and witnesses are asked to point out the perpetrator(s) of the crime, noting that the perpetrator(s) might not be present. Corporeal (‘live’) parades are required in South Africa unless there is a good reason not to use them, in which case the police may use photograph parades. We review the rules for conducting parades in South Africa and compare these to those in several other countries, many of which no longer use corporeal parades. We consider evidence from empirical studies that have tested the ‘live superiority’ hypothesis and conclude that there is no clear evidence in its favour, notwithstanding that there are benefits to augmenting static views of faces with additional cues to identity. We then consider the logistical and financial cost of conducting live parades, which we find to be considerable. We conclude that it may well be time to reconsider the use of live identification parades in South Africa but caution that this should coincide with a review of the law regulating the use of alternative methods to ensure that accused persons receive fair trials.
The regulation of health-related direct-to-consumer genetic tests in South Africa by the Medicines and Related Substances Act
Authors: Gooden Amy , Thaldar Donrich
Published: January 2024

This article examines the regulation of health-related direct-to-consumer genetic tests (‘HDGTs’) in South Africa by the Medicines and Related Substances Act 101 of 1965 and its related regulations, namely the Regulations Relating to Medical Devices and In Vitro Diagnostic Medical Devices and the draft Regulations Relating to Medical Devices, as well as the South African Health Products Regulatory Authority guidelines. Such regulation includes the classification, licensing, registration, marketing, labelling and importing of HDGTs. At a basic classification level, the manufacturer’s intention determines whether HDGTs are medical devices and/or in vitro diagnostic devices (‘IVDs’). Those HDGTs that are medical devices are also likely to be IVDs and are likely to be classified as Class B IVD medical devices, meaning that they pose low to medium risk. This is because the intended use of an HDGT is generally not as a diagnostic tool but as an informational tool, where the results are not definitive and additional testing is required. Accordingly, a licence is required to manufacture, import, export, sell or distribute HDGTs in South Africa. The classification of HDGTs also impacts the rules relating to labelling, advertising and importation.
Staring into voidness — Courts grapple with arbitration clauses in tainted contracts
Authors: Seedat Saleem
Published: January 2024

Arbitration has a noble lineage that stretches back into time. It has evolved from a simple attempt to resolve disputes in the presence of a local authority to a more technical presentation before an independent arbiter. In South Africa, arbitrations have statutory recognition. This article focuses on an arbitration clause that is embedded in a substantive agreement where the agreement was induced by fraudulent misrepresentation by a party to the agreement. The general principles of the law of contract would dictate that fraud makes the contract voidable at the instance of the innocent party. But our courts have equivocated in deciding whether the tainted contract also besmirches the arbitration clause. While earlier decisions confirmed the autonomy of the arbitration clause, two judgments of the Supreme Court of Appeal (‘SCA’) in particular held that the arbitration clause foundered with the main agreement. The article argues that the SCA’s findings were misconceived and suggests that the SCA’s reluctance to allow arbitrators to decide on the validity of an arbitration clause in a contract instigated by fraud is incorrect. It is argued that consonant with international practice, an arbitration clause should be considered a clause separate from the main agreement that will not be affected by the invalidity of the main agreement. A subsequent SCA decision recognised the primacy of an arbitration clause incorporated into an agreement. The article also proffers the possibility of reading into a contract a tacit term that all disputes arising from the main agreement will be arbitrated.
Footing the (wage) bill: Reasoning, remedies and National Education, Health and Allied Workers Union v Minister of Public Service and Administration (CC)
Authors: Winchester Justin , Willis-Smith Catherine
Published: January 2024

In NEHAWU & others v Minister of Public Service and Administration & others 2022 (6) BCLR 673 (CC), the Constitutional Court declared invalid and unenforceable a clause regulating the third payment period in a collective agreement regulating periodic wage increases for public service employees. We do not take issue with the court’s findings concerning the validity of the impugned collective agreement. However, we question the reasoning provided for the ‘just and equitable’ remedy ordered. We find the court’s reasoning insufficient in so far as it overlooked applicable principles of corrective justice, the significance of the state being unjustifiably enriched by labour peace by curtailing public servants’ right to strike, and the consequences of its decision on the effectiveness of the delay-bar in preventing ill-motivated state self-review. We propose the bifurcated approach that the court adopted in the AllPay saga as a tool to adjudicate polycentric cases such as the impugned case, as it enhances the judiciary’s proper place in the separation of powers and maximises remedial possibilities for innocent third parties to state contracts. We conclude with what has happened on the ground since this decision was reached.
Book Review: Gys Hofmeyr & Mohamed Paleker The Law of Succession in South Africa (2023)
Authors: Faber J T
Published: January 2024

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Digital platform workers and the conundrum of the definition of an ‘employee’ in the era of the Fourth Industrial Revolution
Authors: Ncamane Ntando
Published: January 2024

There have been many levels of digital transformation from the First, Second and Third Industrial Revolutions. The most advanced level of technology, known as the Fourth Industrial Revolution (4IR), is currently being encountered. The 4IR introduces technologies such as artificial intelligence, big data, robotics, etc. These 4IR transformational technologies also brought the emergence of the gig economy, which enjoyed enhancement by technologies of the 4IR such as big data, that improved the lives of both digital platform workers and consumers worldwide. The gig economy relies on two key role players, namely the consumer, and the digital platform worker. This is evident as there is outsourcing of work done through Internet-based platforms such as Uber Eats, Mr Delivery, Bolt and Airbnb. The Covid-19 outbreak significantly impacted the growth of the digital economy and increased the number of digital platform workers. However, digital platform workers are not protected by labour and social security laws in South Africa. This is because these workers do not qualify to be regarded as ‘employees’ within the labour law framework. For example, s 213 of the Labour Relations Act of 1995 and s 1 of the Basic Conditions of Employment Act of 1997 provide for a definition of an employee to the exclusion of independent contractors and, unfortunately, digital platform workers are categorised as independent contractors. This article notes that this exclusionary definition does not accord with the intent and purposes of s 23 of the Constitution of the Republic of South Africa, 1996. The article further notes that the limited definition of an employee exposes digital platform workers to challenges such as unfair labour practices and unconducive working conditions, which are also unsafe and unhealthy sometimes. Owing to digital platform workers not being regarded as employees, they also do not enjoy social protection and can therefore not receive social security benefits such as unemployment benefits when they lose their jobs. As it stands, digital platform workers are independent contractors. The introduction of 4IR and the Covid-19 outbreak have made the world dependent on the gig economy and therefore this article argues that this frequent use of the gig economy necessitates the extension of the definition of ‘employee’ to include digital platform workers. This will ensure a definition that encapsulates the changing times in the workplace as a result of technology.
South Africa’s NINA debtor plight: Lessons from the Scottish consumer debt relief system post the Covid-19 pandemic
Authors: Boterere Shammah , Boraine André
Published: January 2024

In this article, the authors consider the plight of the so-called No Income No Asset (NINA) debtors against the backdrop of debt relief measures provided for this category of debtors who find themselves in a debt trap. It is a well-known fact that South African insolvency law does not provide sufficient debt relief measures for all types of debts, and those, like the NINA debtors, who are effectively excluded from the relief afforded by the sequestration and ultimately rehabilitation procedures of the Insolvency Act 24 of 1936 have no proper statutory measure to provide a discharge of debt in instances where they may desperately need it. It is submitted that the debt restructuring mechanisms provided by the administration procedure and debt review measure, are not sufficient since these do not offer a discharge. Reference is made to the newly proposed debt intervention procedure that may provide some relief in this regard, but it is argued that the legislature needs to consider further procedures to deal with their plight. With the view of making some recommendations for reform, aspects of mainly the Scottish system of debt relief measures are also considered.
The impact of regulatory pluralism and complexity on the governance of state-owned companies in South Africa
Authors: Thabane Tebello
Published: January 2024

This article outlines and critiques the regulatory universe applicable to state-owned companies (SOCs) in South Africa. It argues that the governance of SOCs occurs within a plural regulatory universe characterised by an intricate system of norms, principles, and practices that are engendered, monitored, and enforced by state and non-state actors. The article further argues that the complexity of the regulatory universe is one of the main causes of weak governance in SOCs. This argument is premised on the realisation that a coherent, predictable, efficient, and accessible regulatory universe enables compliance and sound corporate governance. In evaluating the regulatory universe, this article follows two lines of inquiry: the first is a doctrinal and principled approach, and the second is an instrumental, policy orientated, and forward-looking analysis. The article concludes that the regulatory universe of SOCs is not only plural and complex but also incoherent and fragmented, resulting in onerous over-regulation, regulatory quandary, and uncertainty, which collectively negatively impact the quality of governance.
The unfortunate dearth of judicial precedent in transfer pricing continues
Authors: Legwaila Thabo
Published: January 2024

Despite what could be hailed as the first two transfer pricing cases in South Africa, the unfortunate dearth of judicial precedent in South Africa regrettably continues. Transfer pricing is one of the most complex areas of tax alongside provisions dealing with controlled foreign companies, foreign exchange gains and losses, currency conversions, financial instruments, and corporate reorganisations. In fact, as the list goes on, it is just more apposite to say ‘tax is complex’, period. With regard to transfer pricing in particular, the complexity is amplified by the fact that transfer pricing is not even tax per se. It is an economic allocation of contribution through the value chain. It is through transfer pricing that each contributor in the value chain gets an adequate return for their contribution in the value chain. Once that allocation is complete, the tax provisions are applied to the returns of each contributor according to the tax laws of the countries in which they are taxable. A transfer price is a price set by a taxpayer when selling to, buying from or sharing resources with a related person. A transfer price is contrasted with a market price, which is the price set in the marketplace for the transfer of goods and services between unrelated persons where each party strives to get the utmost possible benefit from the transaction (see Arnold & McIntyre, International Tax Primer (Kluwer Law International 2002) 55; Danzinger, International Income Tax (Butterworths 1991) 303–307). Transfer prices are not negotiated in a free open market and as such have the propensity to deviate from prices agreed upon by non-related trading partners in comparable transactions under the same circumstances (Oguttu, International Tax Law: Offshore Tax Avoidance in South Africa (Juta 2015) 213). Unless prevented from doing so, related persons engaged in cross-border transactions can avoid the income taxes of a country through a manipulation of prices, mainly by shifting profits to low tax countries and expenses to high tax countries. To combat this, tax authorities across the globe have the power to adjust, in appropriate cases, the transfer prices set by related persons (Arnold & McIntyre, (Kluwer 2002) 55. In what can be welcomed as the first transfer pricing case in the South African courts, the South Johannesburg High Court had an opportunity to decide on the applicability of s 31(7) of the Income Tax Act 58 of 1962 (‘the Act’; any reference to a section or subsection are to the Act, unless otherwise stated, or the context indicates otherwise) to a debt owed by a foreign company to a South African company. The applicable provision excludes debt instruments that contain core characteristics of debt instruments from the application of transfer pricing provisions. In the second case, the same court missed out on an opportunity to gauge the legitimacy of the revenue collector to use s 31(2) of the Act to adjust prices charged between a taxpayer and third parties that are not related to the taxpayer.