bluuebunny/crossref_metadata_2025 huggingface dataset:
Development of a Model for Individual Educational Pathways in Engineering Education
Authors: Naumkin Nikolay I. , Ageev Vadim A. , Sadieva Anarkul E. , Anokhin Anatoly V. , Shekshaeva Natalya N. , Zabrodina Evgeniya V.
Published: September 2021

Introduction. Individual educational pathways are widely used in higher education to optimize the educational process and harmonize the personal needs of students. The problem of their further development consists in improving scientific and methodological support and meeting the requirements of documents regulating educational activities. The purpose of the article is to present the results of theoretical substantiation, development and implementation of a model for individual educational pathways in engineering education. Materials and Methods. As a research toolkit, a methodological system, including an integrated and interdisciplinary (combine all components of the model of individual educational trajectories into a system), systemic, substrate and structured (for designing new models of individual educational trajectories) approaches was used; hypothetical-deductive, analysis-synthesis, morphology and classification (to analyze all possible models of individual educational trajectories), modeling and design (to create various individual educational trajectories) methods were also utilized. Results. In the course of the study, the definition of an individual educational pathway was formulated. As a result of the joint work of the authors from Mordovia State University and the engineering universities of the Republic of Kyrgyzstan, individual educational trajectories were developed for students of engineering specialisms at these universities. A generalized combinatorial model of possible individual educational pathways of engineering specialism has been developed. Discussion and Сonclusion. The results obtained contribute to the development of the curriculum design theory in the context of individual educational pathways. The materials of the article will be useful to researchers dealing with the problems of personalization of learning based on the use of individual educational trajectories.
Calculation of the tense-deformed state of two ortogonal attended plates at the regional terms of symmetry through the matrices of Grina type
Authors: Levchuk S. , Shvydka S. , Khmelnytskyi А.
Published: September 2021

Purpose. Calculate the tense-deformed state of two ortogonal attended plates through special the built matrices of Grina type.

Research methods. Bases of theory of laminas, apparatus of trigonometric rows of Fourier, methods: border-component tasks, variation of arbitrary permanent, matrices of Grina type.

Results. A task of elastic elastic equilibrium of plate pairs connected at right angle was considered. On parallel edges of component body to connection rib special edge conditions – conditions of symmetry – were chosen. From the physical point of view the probed body can be the model of lateral walls of parallelepiped. It is provided the special terms of symmetry on both edges of component body, which are parallel to the rib of connection of plates. The method of calculation allows to calculate the tense-deformed state of spatial construction consisting of two plates in edge conditions of arbitrary surface loading. The results of calculation (as lines of level) of basic characteristics of static deformation of considered rectangular connection of two plates are given.

Scientific novelty. The method of calculation of pair of plates, united at right angles was improved at the regional terms of symmetry, with subsequent graphic illustration of achived results.

Practical value. The task probed in-process designs the phenomena which take place, at deformation of elements of vulcanization equipment. Achived results allow to find pequliarities of elements work of construction of complext structure and to promote its efficiency by optimization of component parameters parts.
Optimization of structure matrix of mold forms
Authors: Pleskach V. , Olshanetskii V.
Published: September 2021

Purpose. Optimization of the method of design and calculation of the composite matrices of molds for the manufacture of products from powder materials.

Research methods. Analysis of stresses in the walls of solid and composite thick-walled cylinders and their existing calculations.

Results. The peculiarities of stress formation in the wall of solid and composite thick-walled cylinders under the action of internal pressure are investigated. The possibility of applying the obtained results to determine the strength and stiffness of the wall of the mold for the manufacture of products from powder materials is analyzed. Limitations in ensuring the strength of the matrix by only increasing its thickness are determined. It is shown that the use of a matrix composed of an inner cylinder and an outer holder allows to use optimal stress redistribution in the walls of such matrix in order to reduce the size and, accordingly, save materials for its manufacture. The possibility of using various, better adapted materials for the manufacture of the inner wall of the matrix and permiting the reduction of the cost of manufacturing the mold are analyzed.

The method of calculation of stresses in dangerous points of walls of a matrix at an estimation of their strength and stiffness is generalized. Formulas for determination of the guaranteed tension which will provide effective redistribution of stresses in walls of the composite matrix under the set operating conditions are given.

Scientific novelty. Approaches to the analysis of stresses in the walls of composite matrices of molds under the influence of internal pressure are optimized and generalized . Mathematical dependences are given, which make it possible to determine the optimal dimensions of mold elements at action of pressing pressure.

Practical value. The principles of design and methods of calculation of composite matrices of molds for the manufacture of products from powder materials are proposed.
Ontologia kultury badania nad kulturą w oparciu o zmodyfikowaną ontologię Romana Ingardena
Authors: Pyrek-Nąckiewicz Anita
Published: September 2021

Niniejsza praca jest próbą przedstawienia zaledwie małej części tego bogatego zbioru – Lamentacji Jeremiasza, zachowanych w trzech XV-wiecznych rękopisach: AKKK MS 58, 59 i 241. Śpiewy te związane są z najważniejszym w kalendarzu liturgicznym okresem: Triduum Sacrum. Obszerną analizę tonów lamentacyjnych w źródłach krakowskich przeprowadził Jakub Kubieniec. Celem niniejszej pracy nie jest jednak analiza muzykologiczna melodii lamentacji, ale przygotowanie ich transkrypcji i przedstawienie ich w formie czytelnej dla dzisiejszego wykonawcy, aby ta część wielkiego dziedzictwa muzycznego katedry również miała szansę zabrzmieć ponownie.
Initial production and fruit quality of fifty-seven sweet orange varieties on four rootstocks in southern state of Bahia
Authors: Buffon Stanley Bravo , Zucoloto Moises , Passos Orlando Sampaio , Barbosa Dimmy Herllen Silveira Gomes , Altoé Marcelo Soares , Morais Andreia Lopes de
Published: September 2021

Abstract Prior knowledge of scion/rootstock combinations is essential for establishing appropriate citrus orchard management strategies. The objective of this work was to assess the initial yield and fruit quality among 228 scion/rootstock combinations set up in the municipality of Ibirapuã, extreme south of the state of Bahia in 2015. Harvests were carried out from April to August 2019, when trees reached 4 years of age. Number, total mass and cross-sectional diameter of fruits, productive efficiency, pulp yield, soluble solids content, titratable acidity and SS/AT ratio were evaluated. Statistical difference for all characteristics related to production and fruit quality regarding factors studied and their combinations was observed. Among ‘Pera’ orange clones, ‘Pera CNPMF A-15’/‘San Diego’ citrandarin and ‘Pera CNPMF D-3’/‘Riverside’ citrandarin combinations stood out. ‘Sincorá’ orange, in combination with ‘San Diego’ and ‘Indio’ citrandarins presented potential to be recommended to producers who wish to anticipate their harvests, as well as ‘Natal Ipeal’ orange in combination with ‘Indio’ citrandarin, in the sense of postponing them.
Psicologia e ontologia: fundamentos para uma reflexão crítica sobre a produção de conhecimento
Authors: Farias Tadeu Mattos , Campos Herculano Ricardo
Published: September 2021

Resumo Problematizamos a prática científica na psicologia e apresentamos elementos teóricos que possibilitam uma crítica ontológica a esse campo. Consideramos que falta à produção de conhecimento psicológico uma concepção ontológica sobre a sociedade, o agir humano e a produção do conhecimento, secundarizando a investigação e o debate a respeito do que é o próprio ser sobre o qual o conhecimento se debruça. Concluímos afirmando que tal postura resulta no aprofundamento das divergências entre as diferentes escolas da psicologia, notadamente de objeto e de método, e que é necessário aprofundar a análise no sentido de desvelar a concepção de ser humano que subjaz às diferentes escolas, criticando-a tendo em vista o sujeito concreto com o qual se lida nos diferentes contextos sociais.
Efeitos da auriculoterapia com sementes de mostarda na dor lombar crônica de profissionais de enfermagem
Authors: Silva Ana Paula Gomes da , Araújo Maria das Graças Rodrigues de , Guerino Marcelo Renato
Published: September 2021

RESUMO Mais de 60% dos trabalhadores de enfermagem apresentam episódio de lombalgia durante um ano, provocando um impacto socioeconômico negativo, uma vez que é uma das maiores causas de faltas e afastamentos do trabalho. A auriculoterapia é uma técnica da acupuntura de baixo custo e não invasiva, que utiliza o pavilhão auricular como um microssistema do organismo humano mapeado por pontos que, estimulados, podem tratar diversas enfermidades. Sendo assim, o objetivo deste estudo foi verificar a eficácia da auriculoterapia com sementes de mostarda (Brassica juncea) na melhora da dor, na funcionalidade e na mobilidade lombar de profissionais técnicos e auxiliares de enfermagem do sexo feminino com dor lombar crônica. Foi realizado um ensaio clínico randomizado cego, dividido em dois grupos: um utilizou sementes de mostarda para acupressão nos pontos auriculares “Shen-Men”, “Rim”, “Simpático” e “Coluna Lombar” e o grupo placebo utilizou espuma de poliuretano de baixa densidade no lugar das sementes. Cada grupo realizou quatro sessões de auriculoterapia, uma vez por semana. Os grupos foram analisados por meio de termogramas infravermelhos e algometria por pressão para a dor, a medida dedo-chão para mobilidade e Questionário Roland-Morris para funcionalidade da coluna, com intervalo de confiança de 95%. A auriculoterapia com sementes de mostarda reduziu a temperatura média nos termogramas analisados em 0,8°C, bem como, aumentou o limiar de dor à pressão na coluna lombar das voluntárias em 0,4 Kgf, o que demonstra uma melhora significativa da dor lombar. Portanto, a auriculoterapia com sementes de mostarda mostrou-se eficaz na melhora da dor lombar.
Harm reduction in the context of psychoactive substances: nursing discourses in primary health care
Authors: Pereira Sarah Salvador , Nóbrega Maria do Perpétuo Socorro de Sousa , Gonçalves Angélica Martins de Souza , Protti-Zanatta Simone Teresinha , Marcheti Priscila Maria , Zerbetto Sonia Regina
Published: September 2021

ABSTRACT Objective: To analyze the production of meanings on interventions considered as Harm Reduction in the discourses of nursing professionals working in Primary Health Care. Method: Qualitative study based on the theoretical-methodological framework of French Discourse Analysis. Semi-structured interviews were conducted with 14 nursing professionals working in Primary Health Care, from February to October 2019. Results: Most Harm Reduction practices performed by nursing professionals aim to minimize risks and physical damage. Harm Reduction actions that require welcoming, non-judgment and qualified listening were observed. Some nursing professionals perform Harm Reduction actions, but do not recognize them as such. Conclusion: The production of meanings in the discourses of nursing professionals presented evidence of biomedical and/or disease discursive formations, health prevention, interpersonal relationships and health promotion.
Taxonomic loss and functional reduction over time in the ichthyofauna of the Taquaruçu Reservoir, lower Paranapanema River, Southern Brazil
Authors: Ferraz João D. , Casimiro Armando C. R. , Garcia Diego A. Z. , Pereira Alan D. , Jarduli Lucas R. , Almeida Fernanda S. de , Orsi Mário L.
Published: September 2021

Abstract We evaluated the fish composition and ecological attributes of the ichthyofauna collected in a limnological zone of the Taquaruçu Reservoir, lower Paranapanema River. Information about the fish community was updated when compared to the previous study (2006). Non-metric multidimensional scaling (NMDS) showed differences in species composition between periods and community weighted means (CWMs) exhibited changes in functional composition over time. Four functional indices were used in the principal coordinate analysis (PcoA) to measure changes in the functional space of species, whereas functional β-diversity inspected differences in the traits composition between the periods. 1,203 individuals were sampled of 43 species, being 16 non-native and 14 new records. Compared to 2006, 27 species were absent, most of them native to Loricariidae and Anostomidae, while Curimatidae and Pimelodidae decreased in abundance. Functional indexes showed a reduction in functional diversity, whereas new species records exhibited functional redundancy. It might have occurred a simplification of the fish community over time, excluding the migratory and specialists species such as the herbivores and detritivores. Accordingly, we concluded that the ichthyofauna of the Taquaruçu Reservoir might have been undergoing a process towards biotic homogenization.
The Diatribe in Meaning Making of Paul’s Letter to Romans
Authors: Nascimento Ilderlândio Assis de Andrade
Published: September 2021

ABSTRACT In this work it was analized the diatribe in the meaning making of the Paul’s letter to Romans, focusing on the dialogical relations in its use in the enunciative construction of the letter. Thus, it dialogues with the enunciative language perspective from Bakhtin’s Circle, from a qualitative and interpretative approach. The analysis of the letter showed the occurrence of the diatribe materialized in the linguistic-enunciative elements that configure the rhetorical direct discourse. In terms of using this diatribical resource in meaning making, the letter reveals its internal dialogicity, veiled dialogue, the meeting of voices and discourses, materializing enunciatively recipients’ points of view. Therefore, meaning making settles down under bigger and smaller influence of the other and their anticipated response.
A Bluesman's Beards: A Sign of Black Resistance in Bahian Rap
Authors: Santos Camilla Ramos dos , Rocha Marlúcia Mendes da , Carvalho Isaias Francisco de
Published: September 2021

ABSTRACT Beards are an indication that man has reached maturity. It is with this idea in mind that the songs from the second album by artist Baco Exu do Blues, Bluesman, are analyzed. At the early age of 22, in his act of creation, Baco criticized the conditions of socioeconomic inequality and racism imposed on people of African descent, acting as an ideological sign in the construction of a Black Consciousness. As a symbol of insurgency, Baco also used mythical language to compose an identity and format his rap, creating a hero. Hip hop criticizes racial capitalism, established in Brazil with the colonization and the arrival of enslaved Africans. The compositions are analyzed as cries of resistance to necropolitics – a call to perform acts that relate ethical values and poetry when doing politcs.
Brazilians in Europe: Three Successful Stories in the Light of French Discourse Analysis
Authors: Lara Glaucia Muniz Proença
Published: September 2021

ABSTRACT Considering that migrations are not made of suffering and exclusion alone, we intend, in this paper, to analyze and compare, in the light of French Discourse Analysis, three life stories of Brazilian migrants to Europe to understand, by means of their discourse, how they achieved success abroad. The results, in general, point to three common aspects: courage to take risks, determination to overcome the challenges and the willingness to integrate fully into the new country.
Meaning-making in occupational therapy interventions: a scoping review
Authors: Mello Ana Carolina Carreira de , Araujo Angélica da Silva , Costa Ana Lucia Borges da , Marcolino Taís Quevedo
Published: September 2021

Abstract Introduction Meaning-making is an experience-centred process. It is an essential element for understanding the impact of occupational therapy interventions focused on fostering processes of becoming, one of the four integrated dimensions of meaningful occupation (along with doing, being, and belonging). Objective This paper aims to explore further some of the aspects that are essential for meaning-making in occupational therapy interventions. Method A scoping review guided by Arksey and O’Malley’s methodological framework was conducted. In the initial search, 528 articles were retrieved from three databases; 16 met the criteria for inclusion: articles in English, peer-reviewed, published between January 2008 and December 2017, that addressed some type of occupational therapy intervention, with data related to the meanings of the participants of the studies. Results The articles address a multiplicity of populations, services, and fields of practice, in qualitative studies, with methodologies that prioritise reflection on the lived experience. Thematic analysis highlights the interconnection between being, doing, and belonging to foster meaning-making; implications of professional actions; and meaning-making triggered by reflective processes. Conclusion Meaning-making demands reflection on the lived experience, and is influenced by human and physical environments. Both conditions/limitations and new skills/abilities enhance processes of meaning-making. Implications for future research are considered.
ALDEBARO KLAUTAU E O PROGRAMA DE MATEMÁTICAS DA ESCOLA NORMAL DE BELÉM (PARÁ) DE 1932
Authors: Mendes Iran Abreu
Published: September 2021

RESUMO Neste artigo, caracteriza-se a expertise de Aldebaro Klautau acerca dos saberes matemáticos do primário (aritmética, geometria e desenho) no programa de matemáticas da Escola Normal de Belém durante o período em que nela atuou. Ao analisar os conteúdos dos documentos nos arquivos dessa escola, foram tomados os conceitos de expert, expertise e saberes profissionais docentes para refletir sobre a importância das conexões entre planejamento, metodologias e programa de ensino, na abordagem de saberes docentes relativos à matemática na formação de normalistas, que visa aprender a ensinar no curso primário.
PERFIS ALIMENTARES E NUTRICIONAIS DE ADOLESCENTES BRASILEIROS
Authors: Vale Diôgo , Andrade Maria Eduarda da Costa , Dantas Natalie Marinho , Bezerra Ricardo Andrade , Lyra Clélia de Oliveira , Roncalli Angelo Giuseppe
Published: September 2021

O objetivo desse trabalho foi analisar as prevalências dos perfis alimentares e nutricionais de adolescentes brasileiros e suas associações com fatores sociodemográficos, comportamentais e de sustentabilidade. Foram utilizados dados de 16.556 adolescentes avaliados pela Pesquisa Nacional de Saúde do Escolar 2015. As informações foram geradas a partir de Análise descritiva e de Correspondência das variáveis principais – perfis alimentares e nutricionais (combinação de categorias do padrão alimentar com categorias do estado nutricional) - e secundárias. Identificou-se como perfil mais prevalente o tipo padrão alimentar (PA) de menor risco nutricional (RN) com eutrofia agrupando 42,6% (IC95%: 41,3-43,7) dos adolescentes, esse foi seguido pelos perfis PA de maior RN com eutrofia (28,1%; IC95%: 27,1-29,0), PA de menor RN com excesso de peso (17,5%; IC95%:16,7-18,3), PA de maior RN com excesso de peso (9,2%; IC95%:8,6-9,8), PA de menor RN com magreza (1,5%; IC95%:1,3-1,8) e PA de maior RN com magreza (1,1%; IC95%: 0,9-1,4). Esses perfis alimentares e nutricionais coexistem com formas de vida diferentes entre os adolescentes brasileiros marcadas por aspectos sociodemográficos, comportamentais e de sustentabilidade. A identificação desses perfis e como se distribuem na população permite um melhor diagnósticos das realidades dos adolescentes e ao planejamento de ações de alimentação mais direcionadas e resolutivas.
Improving bond strength and mass transport properties of spacer-concrete interface with textured spacers
Authors: Muslim F. , Wong H. S. , Chiu T. K. Q. , Buenfeld N. R.
Published: September 2021

Spacers are important devices used in all concrete structures to support reinforcing steel and achieve the required cover. However, spacers induce a weak, porous and microcracked interface that facilitates ingress of aggressive agents. This paper aims to address the problem by developing a method to produce cementitious spacers with a range of small-scale surface textures including grooves, squares, rectangles, hemispheres and pyramids. The textured spacers were cast in Portland cement mortar or concrete, cured up to 28 days, and tested for tensile bond strength, accessible porosity and mass transport properties. The properties were correlated to surface characteristics to establish the effects of texture on spacer-concrete interface. Results show that textured spacers promote mechanical interlocking with concrete, thereby increasing bond strength, resistance against microcracking and pressure-induced flow. The use of certain textures can compensate for the negative effects of spacers, achieving similar bond strength and permeability to monolithic concrete without the interface.
Study of the influence of treatment on the strength of undoped indium antimonide single-crystal plates
Authors: Kormilitsina S. S. , Molodtsova E. V. , Knyzev S. N. , Kozlov R. Yu. , Zavrazhin D. A. , Zharikova E. V. , Syrov Yu. V.
Published: September 2021

The method of plane-transverse bending was used to measure the strength of thin single-crystal plates of undoped InSb with a crystallographic orientation of (100). It was found that the strength of the plates (thickness ≤ 800 μm) depends on their processing. Using a full processing cycle (grinding and chemical polishing) allows to increase the strength of InSb plates by 2 times (from 3.0 to 6.4 kg/mm2). It is shown that the dependence of strength on processing for wafers with (100) orientation is similar to this dependence for wafers (111), while the strength of wafers (111) is 2 times higher. The contact profilometry method was used to measure the roughness of thin plates, which also passed successive processing steps. It was found that during a full cycle of processing, the roughness of InSb plates decreases (Ra from 0.6 to 0.04 μm), leading to a general smoothing of the surface roughness. The strength and roughness of the (100) InSb and GaAs wafers are compared. It was found that the strength of GaAs cut wafers is 2 times higher than the strength of InSb cut wafers and slightly increases after a full cycle of their processing. It was shown that the roughness of GaAs and InSb plates after a full cycle of surface treatment is significantly reduced: 10 times for InSb due to overall surface leveling and 3 times for GaAs (Rz from 2.4 to 0.8 μm) due to a decrease in the peak component. Conducting a full cycle of processing InSb plates can increase their strength by removing broken layers by sequential operations and reducing the risk of mechanical damage.
Review on the paper Reversed Crystal Growth
Authors: Fedorov P. P.
Published: September 2021

Review on the paper Wuzong Zhou, Reversed Crystal Growth. Crystals. 2019; 9(1): 7 (16 pp). https://doi.org/10.3390/cryst9010007
Editorial. Vol. 8, Issue 3
Authors: De Gloria Alessandro
Published: September 2021

This issue includes four papers selected among the best presented at the Games and Learning Alliance Conference (GaLA Conf), that in 2020 was held in the Laval virtual world, organized by the University of Le Mans. Beside the special issue, this number of the International Journal of Serious Games also features two regular papers, that I briefly introduce in the following.
Examining the Application of Deterrence in Sentencing in Malawi
Authors: Gumboh Esther
Published: September 2021

This article is an exposition of the application of deterrence in Malawian sentencing jurisprudence. Drawing from case law, it explores how courts employed deterrence before 1994 and the role deterrence continues to play in the constitutional era. The paper looks at how it is reflected in the treatment of sentencing factors and influences sentencing policy. It also considers how courts have conceptualised the distinction between specific and general deterrence regarding the principle of proportionality and repeat offenders. The paper concludes with a discussion of an emerging attempt to go beyond deterrence towards giving rehabilitation a greater role in sentencing.
SOUTH AFRICA’S QUIXOTIC HERO AND HIS NOBLE QUEST – CONSTITUTIONAL COURT JUSTICE ALBIE SACHS AND THE DREAM OF A RAINBOW NATION
Authors: Stephen Peté
Published: September 2021

Albie Sachs has always been clear-sighted in his vision of a rainbow nation at the southern tip of Africa, characterised by tolerance and mutual respect among and between its citizens. Using the well-known story of Don Quixote de la Mancha as a metaphor, this article sets out to chart the “quest” undertaken by Albie Sachs in pursuit of his noble dream. It traces a number of important personal and political transitions that he has made along the way, from his initial emphasis on solidarity and revolutionary struggle, to his later focus on issues of diversity and tolerance. The article touches briefly on aspects of Albie Sachs’s inspiring dignity jurisprudence which it applauds, but then poses the question as to whether or not his views represent real hope to a country which, a decade and a half after the end of apartheid, remains fractured and traumatized.
TEMPORARY EMPLOYMENT SERVICES: CLOSING A LOOPHOLE IN SECTION 198 OF THE LABOUR RELATIONS ACT 66 OF 1995
Authors: Ezette Gericke
Published: September 2021

Section 198 of the Labour Relations Act (hereinafter “LRA”) regulates the employment relationship between a worker (the employee), a labour broker (the employer) and a third party (the client). It also regulates the aspect of liability between the temporary employment service and its client on the one hand in relation to the employee/worker on the other hand. It is with regard to the latter aspect thatthe employee is in a detrimental position as far as the loss of protection against an unfair dismissal as regulated by sections 185 and 186 of the LRA is concerned. The complexity of this kind of relationship is illustrated by means of a case study relating to an unfair dismissal dispute. Legislation regulating the employee’s rights and the employer’s duties upon termination of the contract of employment is also discussed. In conclusion, solutions and recommendations are offered to address the existing areas of concern with regard to section 198(4) and the client’s responsibilities, the interpretation problems within the tripartite employment relationship, as well as the employment contract.
SENTENCING THE ELDERLY – AN ACT OF MERCY OR DISCRIMINATION? S v Phillips (unreported, DCLD), case no CC141/08
Authors: Marita Carnelley  , Shannon Hoctor
Published: September 2021

In 2008, the authors’ note on advanced age as a mitigating factor in the South African criminal courts set out the Roman-Dutch history and the South African case law with regard to this issue. Brief reference was made to the position of the elderly offender in the Zimbabwean, English and Australian jurisdictions. The aim of this note is not to repeat what was said before, but to provide a wider perspective on the pertinent issues relating to sentencing the elderly (a contested term, but for present purposes referring to offenders over the age of 60), especially the concept of mercy. It should be reiterated that old age does not exclude criminal liability, but it can serve as one of many mitigating factors during sentencing although it is not a bar to imprisonment. The case of S v Phillips is no exception. The structure of this note is the following: it commences with a discussion of the Phillips judgment and to place it within a general problematic sentencing framework vis-a-vis the elderly. The concept of mercy is then examined in light of recent Commonwealth jurisprudence; whereafter parallels are drawn between the sentencing of a battered wife and the sentencing of a battered geriatric. The note concludes with a brief mention of the post-sentencing options available to an offender in the form of mercy and  as well as parole.
ARE TRUSTEES OF THE ESTATES OF OWNERS OF SECTIONAL TITLE UNITS NOT FULLY COVERED BY SECTION 89 OF THE INSOLVENCY ACT?
Authors: Kgosi Mokgoetsi  , Clement Marumoagae
Published: September 2021

This article highlights differential treatment of trustees when they make application for the clearance certificates, they need to register a transfer of immovable property. It illustrates that trustees of the estates of insolvent owners of sectional titles scheme units who apply for clearance certificates from bodies corporate do not enjoy the benefits provided by section 89 of the Insolvency Act. In comparison, such protection is provided to trustees when the estate is that of an insolvent owner of a property indebted to a municipality. The article argues that the Supreme Court of Appeal (SCA) in various judgments has incorrectly interpreted the law by not fully subjecting bodies corporate to section 89 of the Insolvency Act. The article argues that the time limits regarding protection from payment of charges, fees and levies applicable to trustees in relation to municipalities should be equally applicable to bodies corporate. The article recommends that the legislature must step in and clarify its intention by amending the provisions in the Sectional Titles Act that make provision for bodies corporate to issue clearance certificates.
AN ANALYSIS OF ASPECTS OF THE PROPOSED REFORM OF THE FINANCIAL CONSUMER COMPLAINT RESOLUTION MECHANISMS IN THE SOUTH AFRICAN BANKING SECTOR
Authors: Michel M Koekemoer
Published: September 2021

One objective of the revised South African market conduct regulatory framework for the financial sector is to introduce an effective dispute resolution framework. The Financial Sector Regulation Act, and the Act to follow the Draft Conduct of Financial Institutions Bill, potentially address some of the deficiencies associated with the old dispute resolution framework. This article makes a distinction between the old and new regulatory provisions concerning internal dispute resolution and external dispute resolution structures in the banking sector. This research highlights the changes involved in the new regulatory framework and identifies which aspects of the amended regulatory framework aim to address a particular issue associated with the old dispute resolution framework. It is not argued whether this legislation will achieve the fair treatment and protection of financial customers in the banking sector, as only time will tell. However, it is acknowledged that the new structure will improve consistency and efficacy in this dispute resolution structure.
A COMPARATIVE EXPOSITION OF THE LAW OF HUSBAND AND WIFE IN TERMS OF ISLAMIC LAW, SOUTH AFRICAN LAW AND THE LAW OF ENGLAND AND WALES ‒ PART TWO
Authors: Razaana Denson
Published: September 2021

The article discusses and compares the dissolution of a marriage as well as the legal consequences thereof in Islamic law, South African law and English law. This is done in order to demonstrate that despite similarities, there are vast differences between the three legal systems. This impacts on how Muslim personal law (MPL) can be recognised and regulated in South Africa and in England and Wales as constitutional democracies. South Africa, England and Wales share a commitment to human rights and have adopted various approaches in respect of accommodating the application of Islamic law. Internal pluralism also exists within the Muslim communities in South Africa, England and Wales as the majority of Muslims in these countries have to varying degrees developed diverse strategies to ensure compliance with Islamic law, as well as with South African and English law. Notwithstanding the accommodation of MPL in terms of South African and English law, the differences between these legal systems have resulted in decisions that, while providing relief to the lived realities of Muslims, are in fact contrary to the teachings and principles of Islam and therefore problematic for Muslims.
A PLEA OF DOUBLE JEOPARDY BY ACCUSED EMPLOYERS: ARE THERE LIMITS?
Authors: Fareed Moosa
Published: September 2021

The rule against double jeopardy entails that, generally, a person cannot be charged more than once for the same, or substantially the same, offence or misconduct in respect of which he or she has been convicted or acquitted. Under the Constitution of the Republic of South Africa, 1996, this rule is part of an accused’s right to a fair trial. This article shows that every employer prosecuted for allegedly not complying with either employees’ tax obligations in the Fourth Schedule of the Income Tax Act 58 of 1962, or for an offence at common law, is entitled to raise the procedural defence of double jeopardy. This article argues that the recent judgment in Grayston Technology Investment (Pty) Ltd v S is authority for the proposition that, in any such prosecution, an accused employer may invoke double jeopardy, even if the prior punishment or acquittal stems from non-criminal proceedings under the Tax Administration Act 28 of 2011 before the Tax Court or the Tax Board. A key hypothesis of this article is the argument that double jeopardy ought not to be applied as an inflexible procedural rule in every instance. This is because such an approach would lead to the undesirable result of undermining the Legislature’s objective in catering for criminal and civil sanctions in respect of certain violations of fiscal legislation. No hard-and-fast rules can be laid down in advance as to when double jeopardy may be successfully invoked. Each case needs to be decided on its own facts. It is contended that when a court decides whether to uphold a double-jeopardy defence, it must strike an equitable balance between, on the one hand, the accused employer’s fundamental right to a fair trial and, on the other, society’s legitimate interest in ensuring that taxpayers comply with their tax obligations on pain of adequate punishment for non-compliance.
YM v LB (465/09) [2010] ZASCA 106 (17 September 2010)
Authors: LG Curlewis
Published: September 2021

In this matter, which resulted in an enquiry by the Supreme Court of Appeal and ultimately a unanimous decision, the facts were the following: the appellant, Mrs Y M (M) appealed against an order that she and her minor daughter (Y) submit to DNA testing to determine whether Mr L B (B), the respondent, was the biological father of Y. The order was sought by B, who also claimed that, if the tests proved that he was indeed the father, he should be given full parenting rights. The North Gauteng High Court (Pretoria) (Murphy J sitting as court of first instance), ordered that M submit herself and Y to DNA tests within 30 days of the date of the order, and postponed the other relief sine die. The Supreme Court of Appeal granted leave to appeal. On appeal, B filed no heads of argument, and nor was there any appearance on his behalf.
OLD HABITS DIE HARD ‒ THE SOUTH AFRICAN REVENUE SERVICE’S INABILITY TO COMPLY WITH ITS OWN LEGISLATION Sip Project Managers (Pty) Ltd v C:SARS Case number: 11521/2020 Gauteng Division, Pretoria (30 April 2020)
Authors: Carika Fritz
Published: September 2021

The South African Revenue Service (SARS) has identified third-party appointment as an important weapon in its tax-collection arsenal. In terms of section 179(1) of the Tax Administration Act 28 of 2011 (TAA), SARS is permitted to issue a third-party appointment notice in terms whereof a third party becomes liable for the taxpayer’s tax debt in instances where the third party holds (or will hold) money on behalf of or due to the taxpayer. Although the usefulness of the appointment of a third party from a collection perspective is apparent, it remains important to ensure that certain built-in measures are in place to ensure that SARS does not use this power in an overzealous manner and that taxpayers’ rights are respected.

This case note reflects on the case of Sip Project Managers (Pty) Ltd v C: SARS (Case number: 11521/2020 Gauteng Division, Pretoria (30 April 2020)), where section 179(5) of the TAA was considered. The SIP Project Managers case is important because it provides some perspective on this relatively new insertion in the TAA. In the first part of this case note, the facts of the case and the judgment are provided. In the next part, the judgment is analysed by considering the consequences of SARS’s failure to adhere to peremptory wording and by contemplating whether the tax debt must be “due and payable” before a notice in terms of section 179(5) of the TAA can be delivered. Thereafter, some conclusions are drawn.
Az Equisetum × moorei és E. hyemale nyírségi elterjedésének kritikai áttekintése
Authors: Demeter László , Lesku Balázs
Published: September 2021

A hibrid eredetű Moore-zsurló (Equisetum × moorei Newman) összetévesztése a téli zsurlóval (Equisetum hyemale L.) számos országban ismert probléma. Közleményünkben áttekintjük a határozáshoz alkalmazott bélyegek egy részét, kiemelve azok tényleges használhatóságát. Megvizsgál­tuk a téli zsurló régebbi irodalmakban megadott nyírségi állományait és a Debreceni Egyetem Herbári­umában található nyírségi példányokat. Megállapítottuk, hogy többségük valójában Moore-zsurló. A téli zsurló előfordulását csak Bátorligeten tudtuk megerősíteni. Számos új adatot közlünk a Moore-zsurló nyírségi előfordulásáról is. A két taxon jobb elkülönítéséhez javasoljuk a hajtások felszínének terepen is elvégezhető mikromorfológiai vizsgálatát, valamint a levélhüvely magasságának megfigyelését.
INERTIAL-CIRCULATING PRINCIPLE OF SWIMMING AND FLIGHT OF HYDRO- AND AEROBIONTS. PART 1
Authors: Shekhovtsov A. V.
Published: September 2021

For the case of modeling in the nonlinear ideal formulation of oscillations of an infinitely thin profile of the wing-propulsion, three components of the thrust force coefficient were distinguished - inertial, circulating, and vortex. The contribution to the traction force of each of the obtained components is investigated and the mechanisms of wing traction force formation at different types of oscillations are explained. It is revealed that the inertial-circulating principle underlies the work of the wing-propulsion. The inductive effect of the vortex trail on the traction force is small and negative.
Premenstrual disforik bozukluk tanılı hastaların kişilik özellikleri, anksiyete duyarlılığı, anksiyete ve depresyon seviyeleri
Authors: YILDIZ Sevler , KAZĞAN Aslı , KURT Osman , UĞUR Kerim , ATMACA Murad
Published: September 2021

Amaç: Bu çalışmada Premenstrual disforik bozukluk (PMDB), tanılı hastaların kişilik özelliklerini, anksiyete duyarlılığını, anksiyete ve depresyon düzeylerini değerlendirmeyi amaçlanmıştır.

Gereç ve Yöntem: Çalışmaya, PMDB tanısı olan ve psikiyatrik tedavi öyküsü olmayan 40 hasta ve yine hasta grubuyla benzer sosyodemografik özelliklere sahip sistemik ve psikiyatrik hastalık öyküsü olmayan 40 sağlıklı kadın dahil edildi. Tüm katılımcılara Anksiyete-Duyarlılık-İndeksi-3 (ADİ-3), Beck Anksiyete Ölçeği (BAÖ), Beck Depresyon Ölçeği (BDÖ) ve Gözden Geçirilmiş Eysenck Kişilik Anketi-Kısaltılmış Formu (EKA-GGK) uygulandı.

Bulgular: Hasta grubunun EKA-GGK nörotisizm, psikotizm, yalan alt ölçekleri ve toplam puanı kontrol grubunun puanından yüksek saptandı. Hasta grubunun ADİ-3 fiziksel, bilişsel, sosyal alt boyutları ve toplam puanı kontrol grubunun puanından yüksek olarak saptandı. PMDB tanılı hastaların BDÖ ile BAÖ ölçek puanı kontrol grubunun puanından yüksek bulundu.

Sonuç: Anksiyete duyarlılığı yüksek olan, psikotizm ve nevrotik kişilik özelliklerine sahip kadınlarda bu durum PMDB gelişimini ya da hastalığın seyrini etkileyebilir.
Relaxation of the south flank after the 7.2-magnitude Kalapana earthquake, Kilauea Volcano, Hawaii
Authors: Dvorak John J. , Klein Fred W. , Swanson Donald A.
Published: September 2021

An M = 7.2 earthquake on 29 November 1975 caused the south flank of Kilauea Volcano, Hawaii, to move seaward several meters: a catastrophic release of compression of the south flank caused by earlier injections of magma into the adjacent segment of a rift zone. The focal mechanisms of the mainshock, the largest foreshock, and the largest aftershock suggest seaward movement of the upper block. The rate of aftershocks decreased in a familiar hyperbolic decay, reaching the pre-1975 rate of seismicity by the mid-1980s. Repeated rift-zone intrusions and eruptions after 1975, which occurred within 25 km of the summit area, compressed the adjacent portion of the south flank, apparently masking continued seaward displacement of the south flank. This is evident along a trilateration line that continued to extend, suggesting seaward displacement, immediately after the M = 7.2 earthquake, but then was compressed during a series of intrusions and eruptions that began in September 1977. Farther to the east, trilateration measurements show that the portion of the south flank above the aftershock zone, but beyond the area of compression caused by the rift-zone intrusions and eruptions, continued to move seaward at a decreasing rate until the mid-1980s, mimicking the decay in aftershock rate. Along the same portion of the south flank, the pattern of vertical surface displacements can be explained by continued seaward movement of the south flank and development of two eruptive fissures along the east rift zone, each of which extended from a depth of ∼3 km to the surface. The aftershock rate and continued seaward movement of the south flank are reminiscent of crustal response to other large earthquakes, such as the 1966 M = 6 Parkfield earthquake and the 1983 M = 6.5 Coalinga earthquake.
Lifelines performance in the Landers and big bear (California) earthquakes of 28 June 1992
Authors: Lund Le Val
Published: September 2021

The southern California high desert and mountain area was hit by two earthquakes on Sunday, 28 June 1992. The epicenters for the Landers (Ms 7.5) and Big Bear (Ms 6.6) earthquakes were about 100 miles (160 km) east of Los Angeles, California. The most significant impact on lifelines was to the highway, water, and electrical systems. As a result of the large surface fault displacement in the Yucca Valley and very old pipe in other areas, there were hundreds of water pipeline breaks, and it took up to several weeks to fully restore service. Electrical service was disrupted throughout southern California owing to wires swinging together, which caused the automatic circuit breakers to trip. Most service was restored in seconds, and all service was restored by the next day. Also, these earthquakes caused closure of several state highways, as a result of surface fault displacement, cracking of pavement, and rock slides.
Anomalously large near-field Rayleight waves excited by the 1992 Landers, California, earthquake
Authors: Hara Tatsuhiko , Geller Robert J.
Published: September 2021

The epicenter of the Landers, California, earthquake (28 June 1992; MW = 7.3) was located near the TERRAscope network of broadband seismic stations. The direct Rayleigh wave arrivals, R1, were clipped, and the first two later arrivals, R2 and R3, were contaminated by the waves from a large aftershock, but, as reported by Kanamori et al. (1992a), the amplitudes of R4 and later great circle Rayleigh wave arrivals (fundamental mode spheroidal free oscillations) are about 10 times larger than predicted by synthetic seismograms for a spherically symmetric earth model. We show that, for the moment tensor of the Landers event (predominantly vertical strike slip), the amplitudes of synthetics at the TERRAscope stations for a laterally heterogeneous, rotating, elliptical model are about 10 times greater than those for a spherically symmetric model. Because the anomaly ratio is sensitive to both the source model and the three-dimensional (3D) earth model, we do not attempt to reproduce the exact anomaly ratios recorded by the various stations.

To explain the existence of near-field amplitude anomalies in general, we use the first-order Born approximation to find the perturbation to the synthetic seismogram resulting from lateral heterogeneity, ellipticity, and the earth's rotation. In a coordinate system with the source on the z axis a point-source strike-slip earthquake on a vertical fault plane in a spherically symmetric medium excites Rayleigh waves with azimuthal order ±2 only; these waves have a near-field vertical displacement of zero at the source; the displacement increases with the square of epicentral distance for any given azimuth. Coupling as a result of asphericity allows such a source to excite Rayleigh waves with azimuthal order zero, whose near-field amplitude is independent of epicentral distance, thereby generating large near-field amplitude anomalies. We conduct numerical experiments to study the influence of various parameters on near-field amplitude anomalies.
Foreshocks, aftershocks, and earthquake probabilities: Accounting for the landers earthquake
Authors: Jones Lucile M.
Published: September 2021

The equation to determine the probability that an earthquake occurring near a major fault will be a foreshock to a mainshock on that fault is modified to include the case of aftershocks to a previous earthquake occurring near the fault. The addition of aftershocks to the background seismicity makes its less probable that an earthquake will be a foreshock, because nonforeshocks have become more common. As the aftershocks decay with time, the probability that an earthquake will be a foreshock increases. However, fault interactions between the first mainshock and the major fault can increase the long-term probability of a characteristic earthquake on that fault, which will, in turn, increase the probability that an event is a foreshock, compensating for the decrease caused by the aftershocks.