'Come back when you are 65, Sir': discrimination in respect of access to social assistance for the elderly
- Authors: Krüger, Rósaan
- Date: 2009
- Language: English
- Type: text , article
- Identifier: http://hdl.handle.net/10962/71119 , vital:29786 , http://www.ldd.org.za/images/stories/Ready_for_publication/V10-2_Come_back_65.pdf
- Description: Messrs Roberts, Whitebooi, Casling and Visagie are four elderly gentlemen who live in poverty in Gelvandale, Port Elizabeth. At the end of 2005 they wished to apply for social assistance from the State. At the time of their applications, the men were over the age of 60, but none of them had attained the age of 65. Had they been female, they would have qualified for social assistance in the form of old age pensions at the age of 60. 'These pensions would not have made them rich, but would have enabled them to sustain themselves.
- Full Text:
- Date Issued: 2009
- Authors: Krüger, Rósaan
- Date: 2009
- Language: English
- Type: text , article
- Identifier: http://hdl.handle.net/10962/71119 , vital:29786 , http://www.ldd.org.za/images/stories/Ready_for_publication/V10-2_Come_back_65.pdf
- Description: Messrs Roberts, Whitebooi, Casling and Visagie are four elderly gentlemen who live in poverty in Gelvandale, Port Elizabeth. At the end of 2005 they wished to apply for social assistance from the State. At the time of their applications, the men were over the age of 60, but none of them had attained the age of 65. Had they been female, they would have qualified for social assistance in the form of old age pensions at the age of 60. 'These pensions would not have made them rich, but would have enabled them to sustain themselves.
- Full Text:
- Date Issued: 2009
Accuracy of the activation energy calculated from a thermoluminescence glow‐peak using a method that uses three points on the peak
- Ogundare, F O, Chithambo, Makaiko L
- Authors: Ogundare, F O , Chithambo, Makaiko L
- Date: 2006
- Language: English
- Type: text , article
- Identifier: http://hdl.handle.net/10962/123016 , vital:35397 , https://doi:10.1002/pssc.200521077
- Description: The utility of thermoluminescence (TL) in detecting changes in defect concentration in insulators is well established [1–3]. The underlying premise leading to the emission of TL is that exposure of a material to ionizing radiation causes a redistribution of charge in defect centres within the material. When the material is heated at a controlled linear rate, the thermoluminescence is emitted as a temperature-dependent set of peaks collectively known as a glow-curve. The shape and intensity of each of the glow-peaks may be characterized by a set of parameters consisting of the activation energy E, the frequency factors, the number of electrons n0 trapped in defect centres at the start of the heating, and the order of kinetics b. The order of kinetics b is an indication of the retrapping probability i.e. the probability that a free electron from the conduction band will be retrapped rather than recombine with a hole at a recombination centre to produce thermoluminescence. Retrapping of electrons reduces the TL intensity at any particular temperature during the heating process. The physical mechanisms of TL associated with a given glow curve are unique and may be characterized by analysis of the glow-curve for the said kinetic parameters.
- Full Text:
- Date Issued: 2006
- Authors: Ogundare, F O , Chithambo, Makaiko L
- Date: 2006
- Language: English
- Type: text , article
- Identifier: http://hdl.handle.net/10962/123016 , vital:35397 , https://doi:10.1002/pssc.200521077
- Description: The utility of thermoluminescence (TL) in detecting changes in defect concentration in insulators is well established [1–3]. The underlying premise leading to the emission of TL is that exposure of a material to ionizing radiation causes a redistribution of charge in defect centres within the material. When the material is heated at a controlled linear rate, the thermoluminescence is emitted as a temperature-dependent set of peaks collectively known as a glow-curve. The shape and intensity of each of the glow-peaks may be characterized by a set of parameters consisting of the activation energy E, the frequency factors, the number of electrons n0 trapped in defect centres at the start of the heating, and the order of kinetics b. The order of kinetics b is an indication of the retrapping probability i.e. the probability that a free electron from the conduction band will be retrapped rather than recombine with a hole at a recombination centre to produce thermoluminescence. Retrapping of electrons reduces the TL intensity at any particular temperature during the heating process. The physical mechanisms of TL associated with a given glow curve are unique and may be characterized by analysis of the glow-curve for the said kinetic parameters.
- Full Text:
- Date Issued: 2006
AmaNdebele, Peter Magubane and Sandra Klopper: book review
- Authors: Simbao, Ruth K
- Date: 2006
- Language: English
- Type: text , article
- Identifier: http://hdl.handle.net/10962/147336 , vital:38627 , https://0-hdl.handle.net.wam.seals.ac.za/10520/EJC31002
- Description: AmaNdebele is a very attractive book with beautifully reproduced colour photographs taken by the renowned photographer Peter Magubane, who secured enormous credibility as a photojournalist during the violent years of apartheid. While some South African readers who browse through the glossy portrayals of ceremonial attire and homestead decorations may recall Magubane's earlier books such as Soweto speaks (1981) and Soweto: The fruit of fear (1986) in which the photographer laid bare the ferocious violence of apartheid rule, many readers will skip over the nuances of both Magubane's disrupted career and the contentious relationship between the Ndebele people and the South African apartheid government.
- Full Text:
- Date Issued: 2006
- Authors: Simbao, Ruth K
- Date: 2006
- Language: English
- Type: text , article
- Identifier: http://hdl.handle.net/10962/147336 , vital:38627 , https://0-hdl.handle.net.wam.seals.ac.za/10520/EJC31002
- Description: AmaNdebele is a very attractive book with beautifully reproduced colour photographs taken by the renowned photographer Peter Magubane, who secured enormous credibility as a photojournalist during the violent years of apartheid. While some South African readers who browse through the glossy portrayals of ceremonial attire and homestead decorations may recall Magubane's earlier books such as Soweto speaks (1981) and Soweto: The fruit of fear (1986) in which the photographer laid bare the ferocious violence of apartheid rule, many readers will skip over the nuances of both Magubane's disrupted career and the contentious relationship between the Ndebele people and the South African apartheid government.
- Full Text:
- Date Issued: 2006
Destined to come to blows?: race and constructions of “rational-intellectual” masculinity ten years after apartheid
- Authors: Vincent, Louise
- Date: 2006
- Language: English
- Type: text , article
- Identifier: http://hdl.handle.net/10962/141619 , vital:37990 , DOI: 10.1177/1097184X05277694
- Description: In 1994, a democratic government came to power in South Africa for the first time in the country's history. But political transition is never a single event or moment. Rather, it is a continuous process that faces setbacks and contradictions. One of the questions we might ask about a society in transition is to what extent its gender order has changed or is changing. The present paper sets out to read the country's transformation drama through the lens of contested conceptions of South African masculinity. The article is focused on one particular version of masculinity which it terms “rational-intellectual man,” and the argument is that a legacy of racism and the persistence of racialized modes of reasoning continue to marginalise black men from this and other powerful, high-status forms of hegemonic masculinity.
- Full Text:
- Date Issued: 2006
- Authors: Vincent, Louise
- Date: 2006
- Language: English
- Type: text , article
- Identifier: http://hdl.handle.net/10962/141619 , vital:37990 , DOI: 10.1177/1097184X05277694
- Description: In 1994, a democratic government came to power in South Africa for the first time in the country's history. But political transition is never a single event or moment. Rather, it is a continuous process that faces setbacks and contradictions. One of the questions we might ask about a society in transition is to what extent its gender order has changed or is changing. The present paper sets out to read the country's transformation drama through the lens of contested conceptions of South African masculinity. The article is focused on one particular version of masculinity which it terms “rational-intellectual man,” and the argument is that a legacy of racism and the persistence of racialized modes of reasoning continue to marginalise black men from this and other powerful, high-status forms of hegemonic masculinity.
- Full Text:
- Date Issued: 2006
Developing a test for economic duress in the South African law of contract: a comparative perspective
- Authors: Glover, Graham B
- Date: 2006
- Language: English
- Type: text , article
- Identifier: http://hdl.handle.net/10962/70832 , vital:29748 , https://hdl.handle.net/10520/EJC53694
- Description: Until the recent Supreme Court of Appeal decision in Medscheme Holdings (Pty) Ltd v Bhamjee 2005 (5) SA 339 (SCA), the courts in South Africa consistently adopted the attitude that so-called 'economic duress' does not constitute a valid cause of action in our law of contract. In this sense, our law lags behind other jurisdictions, which have recognised for some time that threats of economic harm can be just as coercive as threats to person or property, especially in the modern commercial word. While the indication given in the Medscheme case that our law could develop to recognise cases of economic duress is a welcome one, the court's statement in this regard was merely obiter, and the court consequently undertook no analysis of the issue. In this article, an attempt is made to develop guidelines for dealing with such cases, in accordance with a more modern and coherent test for duress in contract generally. Much of the discussion involves comparative analyses of the authorities on economic duress in Anglo-American jurisdictions, since there is a dearth of authority on the point in South Africa.
- Full Text: false
- Date Issued: 2006
- Authors: Glover, Graham B
- Date: 2006
- Language: English
- Type: text , article
- Identifier: http://hdl.handle.net/10962/70832 , vital:29748 , https://hdl.handle.net/10520/EJC53694
- Description: Until the recent Supreme Court of Appeal decision in Medscheme Holdings (Pty) Ltd v Bhamjee 2005 (5) SA 339 (SCA), the courts in South Africa consistently adopted the attitude that so-called 'economic duress' does not constitute a valid cause of action in our law of contract. In this sense, our law lags behind other jurisdictions, which have recognised for some time that threats of economic harm can be just as coercive as threats to person or property, especially in the modern commercial word. While the indication given in the Medscheme case that our law could develop to recognise cases of economic duress is a welcome one, the court's statement in this regard was merely obiter, and the court consequently undertook no analysis of the issue. In this article, an attempt is made to develop guidelines for dealing with such cases, in accordance with a more modern and coherent test for duress in contract generally. Much of the discussion involves comparative analyses of the authorities on economic duress in Anglo-American jurisdictions, since there is a dearth of authority on the point in South Africa.
- Full Text: false
- Date Issued: 2006
Methinks he doth protest too much - recovering unjustified payments made under duress and protest
- Authors: Glover, Graham B
- Date: 2006
- Language: English
- Type: text , article
- Identifier: http://hdl.handle.net/10962/70744 , vital:29724 , https://hdl.handle.net/10520/EJC55014
- Description: The private law doctrine of duress, although mostly discussed in the context of the law of contract in South Africa, is also relevant in the law of unjustified enrichment. Where an unjustified payment or transfer of some kind has been induced by duress, in a situation where there is no contractual relationship between the parties, the aggrieved party will be entitled to reclaim the payment or transfer. The principles of enrichment law will apply in such cases.
- Full Text: false
- Date Issued: 2006
- Authors: Glover, Graham B
- Date: 2006
- Language: English
- Type: text , article
- Identifier: http://hdl.handle.net/10962/70744 , vital:29724 , https://hdl.handle.net/10520/EJC55014
- Description: The private law doctrine of duress, although mostly discussed in the context of the law of contract in South Africa, is also relevant in the law of unjustified enrichment. Where an unjustified payment or transfer of some kind has been induced by duress, in a situation where there is no contractual relationship between the parties, the aggrieved party will be entitled to reclaim the payment or transfer. The principles of enrichment law will apply in such cases.
- Full Text: false
- Date Issued: 2006
Of no account?: South Africa's electoral system (non) debate
- Authors: Vincent, Louise
- Date: 2006
- Language: English
- Type: text , article
- Identifier: http://hdl.handle.net/10962/141657 , vital:37994 , DOI: 10.1080/02589000500513796
- Description: Accountability can be summarised simply as ‘answerability’ (James and Hadland 2002:1) and is a vital cornerstone of representative democracy. Without accountability, an electorate, once having put into power a particular representative, has no recourse to explanations, justifications or reviews of how that person has performed and whether or not they have fulfilled the promises which secured their election in the first place. In a representative democracy mechanisms of accountability are necessarily multiple and must include both formal and informal dimensions. The electoral system is but one of these. Other key lynchpins in the accountability engine include the role of opposition parties, the committee system, the media, civil society, the courts, and what in South Africa are referred to, on the basis of the 1996 Constitution, as the ‘Chapter Nine Institutions’: the Public Protector, Human Rights Commission, Commission for the Promotion and Protection of the Rights of Cultural, Religious and Linguistic Communities, Commission for Gender Equality, Auditor-General, and the Electoral Commission.
- Full Text:
- Date Issued: 2006
- Authors: Vincent, Louise
- Date: 2006
- Language: English
- Type: text , article
- Identifier: http://hdl.handle.net/10962/141657 , vital:37994 , DOI: 10.1080/02589000500513796
- Description: Accountability can be summarised simply as ‘answerability’ (James and Hadland 2002:1) and is a vital cornerstone of representative democracy. Without accountability, an electorate, once having put into power a particular representative, has no recourse to explanations, justifications or reviews of how that person has performed and whether or not they have fulfilled the promises which secured their election in the first place. In a representative democracy mechanisms of accountability are necessarily multiple and must include both formal and informal dimensions. The electoral system is but one of these. Other key lynchpins in the accountability engine include the role of opposition parties, the committee system, the media, civil society, the courts, and what in South Africa are referred to, on the basis of the 1996 Constitution, as the ‘Chapter Nine Institutions’: the Public Protector, Human Rights Commission, Commission for the Promotion and Protection of the Rights of Cultural, Religious and Linguistic Communities, Commission for Gender Equality, Auditor-General, and the Electoral Commission.
- Full Text:
- Date Issued: 2006
The inducement of a contract by duress of goods - a reappraisal
- Authors: Glover, Graham B
- Date: 2006
- Language: English
- Type: text , article
- Identifier: http://hdl.handle.net/10962/70734 , vital:29722 , https://hdl.handle.net/10520/EJC54192
- Full Text: false
- Date Issued: 2006
- Authors: Glover, Graham B
- Date: 2006
- Language: English
- Type: text , article
- Identifier: http://hdl.handle.net/10962/70734 , vital:29722 , https://hdl.handle.net/10520/EJC54192
- Full Text: false
- Date Issued: 2006
The test for duress in the South African law of contract
- Authors: Glover, Graham B
- Date: 2006
- Language: English
- Type: text , article
- Identifier: http://hdl.handle.net/10962/70756 , vital:29726 , https://hdl.handle.net/10520/EJC53682
- Description: Although it is well-known that a contract induced by duress is voidable at the instance of an aggrieved party, little analysis of this cause of action has been undertaken in South Africa. The test for duress developed by Wessels, and adopted by the courts in Broodryk v Smuts NO 1942 TPD 47, has exercised a vice-grip over this area of contract law. In this article, all five elements of the traditional South African test are subjected to critical examination, and their deficiencies are exposed and discussed. It is argued that the test is neither logically nor conceptually satisfactory, and has hampered development of this area of law. Trends in other jurisdictions, belonging to both the civil-law and the common-law families, are analysed and compared to South African law. On this basis a more modern and coherent test is proposed. This test would be two-pronged, and involve an assessment, in turn, of the lawfulness of the threat made and of whether the party who in fact succumbed to an unlawful threat and entered into the contract was legally justified in doing so.
- Full Text:
- Date Issued: 2006
- Authors: Glover, Graham B
- Date: 2006
- Language: English
- Type: text , article
- Identifier: http://hdl.handle.net/10962/70756 , vital:29726 , https://hdl.handle.net/10520/EJC53682
- Description: Although it is well-known that a contract induced by duress is voidable at the instance of an aggrieved party, little analysis of this cause of action has been undertaken in South Africa. The test for duress developed by Wessels, and adopted by the courts in Broodryk v Smuts NO 1942 TPD 47, has exercised a vice-grip over this area of contract law. In this article, all five elements of the traditional South African test are subjected to critical examination, and their deficiencies are exposed and discussed. It is argued that the test is neither logically nor conceptually satisfactory, and has hampered development of this area of law. Trends in other jurisdictions, belonging to both the civil-law and the common-law families, are analysed and compared to South African law. On this basis a more modern and coherent test is proposed. This test would be two-pronged, and involve an assessment, in turn, of the lawfulness of the threat made and of whether the party who in fact succumbed to an unlawful threat and entered into the contract was legally justified in doing so.
- Full Text:
- Date Issued: 2006
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