The dissipation of marital assets pending a divorce order in South Africa: a proposal for reform
- Mahlangu, Busisiwe Hlophane Maria
- Authors: Mahlangu, Busisiwe Hlophane Maria
- Date: 2023-10-13
- Subjects: Uncatalogued
- Language: English
- Type: Academic theses , Master's theses , text
- Identifier: http://hdl.handle.net/10962/424130 , vital:72126
- Description: Dissipation of marital assets takes place where one spouses uses the marital assets with the intention to frustrate the equitable distribution at the dissolution of marriage. This kind of behaviour usually occurs when one spouse anticipates a divorce or when the final divorce order is pending. In this context then, this thesis aims to critically analyse the effectiveness of the legal remedies available to spouses who are negatively affected by the dissipation of marital assets in marriage in community of property and marriage out of community of property with accrual. In this thesis the question is asked: does the current law adequately protect one spouse from another spouse unfairly hiding or dissipating assets from their estate to prevent the equitable distribution of these assets to the other spouse on divorce? In order to answer this question, this thesis proceeds by examining each of the remedies in detail, looking specifically at the statutory remedies set out in the Matrimonial Property Act 88 of 1984, specifically those contained in ss 8, 15 and 20 of that Act. It also considers remedies found in the common law. Ultimately, the study finds that these remedies do not provide adequate protection to spouses affected by the dissipation of marital assets and looks at the particular reasons for this finding. The study then concludes by proposing reforms to provide better protection to affected spouses. These legal reforms include: amending the legislative framework, changing the determinative date of the accrual, legislating a requirement for full disclosure of assets in terms s 8(1) of the Matrimonial Property Act and, finally, advocating for a flexible interpretation of the requirements of s 20 of the Matrimonial Property Act and the common law anti-dissipation remedy. , Thesis (LLM) -- Faculty of Law, Law, 2023
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- Authors: Mahlangu, Busisiwe Hlophane Maria
- Date: 2023-10-13
- Subjects: Uncatalogued
- Language: English
- Type: Academic theses , Master's theses , text
- Identifier: http://hdl.handle.net/10962/424130 , vital:72126
- Description: Dissipation of marital assets takes place where one spouses uses the marital assets with the intention to frustrate the equitable distribution at the dissolution of marriage. This kind of behaviour usually occurs when one spouse anticipates a divorce or when the final divorce order is pending. In this context then, this thesis aims to critically analyse the effectiveness of the legal remedies available to spouses who are negatively affected by the dissipation of marital assets in marriage in community of property and marriage out of community of property with accrual. In this thesis the question is asked: does the current law adequately protect one spouse from another spouse unfairly hiding or dissipating assets from their estate to prevent the equitable distribution of these assets to the other spouse on divorce? In order to answer this question, this thesis proceeds by examining each of the remedies in detail, looking specifically at the statutory remedies set out in the Matrimonial Property Act 88 of 1984, specifically those contained in ss 8, 15 and 20 of that Act. It also considers remedies found in the common law. Ultimately, the study finds that these remedies do not provide adequate protection to spouses affected by the dissipation of marital assets and looks at the particular reasons for this finding. The study then concludes by proposing reforms to provide better protection to affected spouses. These legal reforms include: amending the legislative framework, changing the determinative date of the accrual, legislating a requirement for full disclosure of assets in terms s 8(1) of the Matrimonial Property Act and, finally, advocating for a flexible interpretation of the requirements of s 20 of the Matrimonial Property Act and the common law anti-dissipation remedy. , Thesis (LLM) -- Faculty of Law, Law, 2023
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M.M. Hala: Memoirs of an Umkhonto WeSizwe Cadre
- Authors: Hala, Mzimasi Mike
- Date: 2022-10-14
- Subjects: African National Congress , Umkhonto we Sizwe (South Africa) , Anti-apartheid movements South Africa , Anti-apartheid activists South Africa , South Africa Politics and government 1948-1994 , Hani, Chris, 1942-1993 , Holomisa, Bantu, 1955- , Bisho massacre
- Language: English
- Type: Academic theses , Master's theses , text
- Identifier: http://hdl.handle.net/10962/406785 , vital:70307
- Description: Born in Komani (Queenstown) in 1959 and detained for Congress of South African Students (COSAS) activities while still at school, Mzimasi Mike Hala departed South Africa via Swaziland in 1981 and joined uMkhonto WeSizwe (MK). Trained in Angola, Cuba and East Germany, he commanded Cacuso camp in Angola, until redeployed to South Africa in 1987 to work underground in Venda and Cape Town. Following the unbanning of the liberation movements in 1990, he was appointed Commander of MK’s Transkei Region, where he was in charge of Chris Hani’s personal security. For reasons of space, the memoir does not proceed beyond his integration into the South African National Defence Force (SANDF) with the rank of Lieutenant-Colonel and second-in-command of SANDF Group 46 in Mthatha. Besides its value as a primary source of previously undocumented information, the thesis seeks to bridge the gap between the academic literature on MK and the lived experience of MK soldiers. Having considered both the academic literature and the published MK memoirs in Chapter One, the thesis refers back to the literature in narrative chapters Two to Five. Consolidating its findings in its conclusion, the final chapter is divided into three sections: the political culture of MK, MK gender dynamics and the consequences of the political merger of the “exiles,” including MK, and the “inziles” who subsequently came to dominate the ANC. , Thesis (MA) -- Faculty of Humanities, Institute of Social and Economic Research, 2022
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- Authors: Hala, Mzimasi Mike
- Date: 2022-10-14
- Subjects: African National Congress , Umkhonto we Sizwe (South Africa) , Anti-apartheid movements South Africa , Anti-apartheid activists South Africa , South Africa Politics and government 1948-1994 , Hani, Chris, 1942-1993 , Holomisa, Bantu, 1955- , Bisho massacre
- Language: English
- Type: Academic theses , Master's theses , text
- Identifier: http://hdl.handle.net/10962/406785 , vital:70307
- Description: Born in Komani (Queenstown) in 1959 and detained for Congress of South African Students (COSAS) activities while still at school, Mzimasi Mike Hala departed South Africa via Swaziland in 1981 and joined uMkhonto WeSizwe (MK). Trained in Angola, Cuba and East Germany, he commanded Cacuso camp in Angola, until redeployed to South Africa in 1987 to work underground in Venda and Cape Town. Following the unbanning of the liberation movements in 1990, he was appointed Commander of MK’s Transkei Region, where he was in charge of Chris Hani’s personal security. For reasons of space, the memoir does not proceed beyond his integration into the South African National Defence Force (SANDF) with the rank of Lieutenant-Colonel and second-in-command of SANDF Group 46 in Mthatha. Besides its value as a primary source of previously undocumented information, the thesis seeks to bridge the gap between the academic literature on MK and the lived experience of MK soldiers. Having considered both the academic literature and the published MK memoirs in Chapter One, the thesis refers back to the literature in narrative chapters Two to Five. Consolidating its findings in its conclusion, the final chapter is divided into three sections: the political culture of MK, MK gender dynamics and the consequences of the political merger of the “exiles,” including MK, and the “inziles” who subsequently came to dominate the ANC. , Thesis (MA) -- Faculty of Humanities, Institute of Social and Economic Research, 2022
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The role of Facebook in a survivor’s post-assault life: rape on campuses, women activists, and mental health
- Authors: Witi, Sinethemba Juliet
- Date: 2022-10-14
- Subjects: Online social networks , Rape in universities and colleges South Africa Makhanda , Student movements South Africa Makhanda , College students Mental health South Africa Makhanda , Sex crimes South Africa Makhanda , Social media and college students South Africa Makhanda , Intersectionality (Sociology) , Womanism
- Language: English
- Type: Academic theses , Master's theses , text
- Identifier: http://hdl.handle.net/10962/405952 , vital:70222
- Description: The rise of Social Networking Sites (SNSs) has raised concerns about the negative impact social media platforms, and in particular Facebook, has on their users. Research has linked the excessive use of Facebook with mental health challenges such as loneliness, depression, and stress. This research examined how Yolanda Dyantyi, a gender rights activist registered as a student from 2015 to 2017 at Rhodes University, used Facebook as an outlet following the #RUreferencelist protests and her subsequent permanent exclusion from the institution for her role in the protests. The study explored Dyanti’s use of Facebook, examining in particular her ongoing activism, her mental health challenges, and her struggles to re-establish herself in a community after the exclusion from Rhodes. The study employed an intersectional feminist theoretical framework and drew on a qualitative content analysis, a semi-structured interview, and the scroll back method to review the Facebook posts she had made. A thematic analysis of the data showed that Dyantyi is a multifaceted, and evolving Facebook user and contrary to existing research her prolific use of Facebook has had positive effects on her mental health and has enabled her to build social capital. The study suggests that activism is an important component to research alongside studies of mental health on such media platforms. , Thesis (MA) -- Faculty of Humanities, School of Journalism and Media Studies, 2022
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- Authors: Witi, Sinethemba Juliet
- Date: 2022-10-14
- Subjects: Online social networks , Rape in universities and colleges South Africa Makhanda , Student movements South Africa Makhanda , College students Mental health South Africa Makhanda , Sex crimes South Africa Makhanda , Social media and college students South Africa Makhanda , Intersectionality (Sociology) , Womanism
- Language: English
- Type: Academic theses , Master's theses , text
- Identifier: http://hdl.handle.net/10962/405952 , vital:70222
- Description: The rise of Social Networking Sites (SNSs) has raised concerns about the negative impact social media platforms, and in particular Facebook, has on their users. Research has linked the excessive use of Facebook with mental health challenges such as loneliness, depression, and stress. This research examined how Yolanda Dyantyi, a gender rights activist registered as a student from 2015 to 2017 at Rhodes University, used Facebook as an outlet following the #RUreferencelist protests and her subsequent permanent exclusion from the institution for her role in the protests. The study explored Dyanti’s use of Facebook, examining in particular her ongoing activism, her mental health challenges, and her struggles to re-establish herself in a community after the exclusion from Rhodes. The study employed an intersectional feminist theoretical framework and drew on a qualitative content analysis, a semi-structured interview, and the scroll back method to review the Facebook posts she had made. A thematic analysis of the data showed that Dyantyi is a multifaceted, and evolving Facebook user and contrary to existing research her prolific use of Facebook has had positive effects on her mental health and has enabled her to build social capital. The study suggests that activism is an important component to research alongside studies of mental health on such media platforms. , Thesis (MA) -- Faculty of Humanities, School of Journalism and Media Studies, 2022
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An investigation into the bacterial communities associated with pyrroloiminoquinone-producing South African latrunculid sponges
- Authors: Hilliar, Storm Hannah
- Date: 2018
- Subjects: Sponges South Africa Algoa Bay , Betaproteobacteria , Spirochaeta , Symbiosis , Bacterial communities
- Language: English
- Type: Master's theses , text
- Identifier: http://hdl.handle.net/10962/62112 , vital:28128
- Description: Marine sponges belonging to the family Latrunculiidae are known for their production of cytotoxic pyrroloiminoquinone alkaloids and the South African coast provides a unique environment for the exploitation of these potent bioactive compounds. The isolation of structurally similar pyrroloiminoquinone compounds from unrelated, non poriferan sources has led to the suggestion that South African latrunculid pyrroloiminoquinones may be secondary metabolites produced by sponge associated microbial symbionts. Previous studies investigating the bacterial communities of South African latrunculid sponges have shown the conservation of distinct microbial populations with unusual bacterial taxa dominated by a novel betaproteobacterial and spirochete species. This study describes the further investigation into these associated bacterial communities, their conservation and sponge microbiome comparisons across spatial, temporal and environmental scales. The bacterial communities associated with seven latrunculid species representing three genera (Tsitsikamma, Cyclacanthia and Latrunculia) were characterized as well as a Mycale and Tethya rubra species. Latrunculid sponge microbiomes were significantly different from those associated with sympatric outlier sponge species and the surrounding environment. The bacterial communities associated with latrunculid sponges appear host specific with the conservation of two dominant bacterial symbionts which mirror the phylogeny of their host species. , Thesis (MSc) -- Faculty of Science, Biochemistry and Microbiology, 2018
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- Authors: Hilliar, Storm Hannah
- Date: 2018
- Subjects: Sponges South Africa Algoa Bay , Betaproteobacteria , Spirochaeta , Symbiosis , Bacterial communities
- Language: English
- Type: Master's theses , text
- Identifier: http://hdl.handle.net/10962/62112 , vital:28128
- Description: Marine sponges belonging to the family Latrunculiidae are known for their production of cytotoxic pyrroloiminoquinone alkaloids and the South African coast provides a unique environment for the exploitation of these potent bioactive compounds. The isolation of structurally similar pyrroloiminoquinone compounds from unrelated, non poriferan sources has led to the suggestion that South African latrunculid pyrroloiminoquinones may be secondary metabolites produced by sponge associated microbial symbionts. Previous studies investigating the bacterial communities of South African latrunculid sponges have shown the conservation of distinct microbial populations with unusual bacterial taxa dominated by a novel betaproteobacterial and spirochete species. This study describes the further investigation into these associated bacterial communities, their conservation and sponge microbiome comparisons across spatial, temporal and environmental scales. The bacterial communities associated with seven latrunculid species representing three genera (Tsitsikamma, Cyclacanthia and Latrunculia) were characterized as well as a Mycale and Tethya rubra species. Latrunculid sponge microbiomes were significantly different from those associated with sympatric outlier sponge species and the surrounding environment. The bacterial communities associated with latrunculid sponges appear host specific with the conservation of two dominant bacterial symbionts which mirror the phylogeny of their host species. , Thesis (MSc) -- Faculty of Science, Biochemistry and Microbiology, 2018
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Exploring para-thiophenols to expand the SAR of antimalarial 3-indolylethanones
- Authors: Chisango, Ruramai Lissa
- Date: 2018
- Subjects: Antimalarials , Malaria Chemotherapy , Thiols , Plasmodium falciparum , Blood-brain barrier
- Language: English
- Type: Master's theses , text
- Identifier: http://hdl.handle.net/10962/63515 , vital:28428
- Description: According to the WHO, malaria is responsible for over half a million deaths annually especially in populations from disadvantaged settings. Although there has been a documented improvement in the mortality rates, malaria has proved to be a global emergency. Mostly affecting the poor population, this disease is perpetuating a vicious cycle of poverty in the developing world as current preventive measures are not adequate unless adopted in addition to effective treatment. However, there has been a worldwide increase in resistance to available treatment which presents a need for novel, affordable treatment. A study conducted in our laboratory identified two hit thiophenol containing compounds 2.24 and 2.25. These molecules provided initial insight into the SAR and potential pharmacophore of this class of compounds. We decided to further explore these compounds by making bioisosteric replacements to optimize the structure as we monitor the effect of these modifications on the anti-plasmodial activity. The synthetic pathway to form the target compounds of our study comprised of three steps which were initiated by the Friedel-Crafts acetylation of the indoles resulting in compounds 3.5 - 3.7. A bromination step followed which yielded the -bromo ketones (3.8 - 3.11). Some of the thiophenols (3.14 and 3.16) were not readily available in our laboratory and so were synthesized for the final synthetic step. This step involved the nucleophilic displacement of the -bromine to generate the -aryl substituted 3-indolylethanones (3.17 - 3.27). The thioethers displayed improved antimalarial activity from 2.24 and 2.25 against the chloroquine sensitive 3D7 Plasmodium falciparum strain. In addition, these compounds were non-toxic against HeLa cells which indicated this potential novel class of antimalarials is selective for the malaria parasite as hypothesized in the previous study conducted in our laboratory. In an attempt to predict the bioavailability of some of our compounds, in silico studies were conducted revealing that these compounds could be passively absorbed by the gastrointestinal tract, a positive result for bioavailability purposes. However, results from these studies indicate that modifications of these compounds would be necessary to allow for permeation through the blood brain barrier (BBB) for instances when the patient has cerebral malaria. , Thesis (MSc) -- Faculty of Pharmacy, Pharmacy, 2018
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- Authors: Chisango, Ruramai Lissa
- Date: 2018
- Subjects: Antimalarials , Malaria Chemotherapy , Thiols , Plasmodium falciparum , Blood-brain barrier
- Language: English
- Type: Master's theses , text
- Identifier: http://hdl.handle.net/10962/63515 , vital:28428
- Description: According to the WHO, malaria is responsible for over half a million deaths annually especially in populations from disadvantaged settings. Although there has been a documented improvement in the mortality rates, malaria has proved to be a global emergency. Mostly affecting the poor population, this disease is perpetuating a vicious cycle of poverty in the developing world as current preventive measures are not adequate unless adopted in addition to effective treatment. However, there has been a worldwide increase in resistance to available treatment which presents a need for novel, affordable treatment. A study conducted in our laboratory identified two hit thiophenol containing compounds 2.24 and 2.25. These molecules provided initial insight into the SAR and potential pharmacophore of this class of compounds. We decided to further explore these compounds by making bioisosteric replacements to optimize the structure as we monitor the effect of these modifications on the anti-plasmodial activity. The synthetic pathway to form the target compounds of our study comprised of three steps which were initiated by the Friedel-Crafts acetylation of the indoles resulting in compounds 3.5 - 3.7. A bromination step followed which yielded the -bromo ketones (3.8 - 3.11). Some of the thiophenols (3.14 and 3.16) were not readily available in our laboratory and so were synthesized for the final synthetic step. This step involved the nucleophilic displacement of the -bromine to generate the -aryl substituted 3-indolylethanones (3.17 - 3.27). The thioethers displayed improved antimalarial activity from 2.24 and 2.25 against the chloroquine sensitive 3D7 Plasmodium falciparum strain. In addition, these compounds were non-toxic against HeLa cells which indicated this potential novel class of antimalarials is selective for the malaria parasite as hypothesized in the previous study conducted in our laboratory. In an attempt to predict the bioavailability of some of our compounds, in silico studies were conducted revealing that these compounds could be passively absorbed by the gastrointestinal tract, a positive result for bioavailability purposes. However, results from these studies indicate that modifications of these compounds would be necessary to allow for permeation through the blood brain barrier (BBB) for instances when the patient has cerebral malaria. , Thesis (MSc) -- Faculty of Pharmacy, Pharmacy, 2018
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"The word as image": survey with special reference to the twentieth century
- Authors: Edworthy, S
- Date: 1991-03
- Subjects: Uncatalogued
- Language: English
- Type: Master's theses , text
- Identifier: http://hdl.handle.net/10962/191247 , vital:45075
- Description: This essay is intended, firstly for those who at some time have had the urge to include words into their otherwise conventional representational images, but are deterred by the suspicion that such elements have no place in the picture plane. Secondly, it is hoped, that this dissertation will provide some understanding concerning the motivations and aims of artists, using "verbal symbols" in their visual images. At this point, I offer some explanation of the term "verbal symbols". The alphabet that we are accustomed to today differs vastly from the first writing that was invented. The naming of items nowadays is arbitrarily established and all we are left with is a name that bears no visual resemblance to the object it represents in real life. The word "house", for example, tells us nothing of the physical nature of a house. However, owing to our conditioning, the word evokes in us a mental picture of a house, even if the details of this picture will vary amongst individuals. Words then are symbols which denote, broadly speaking, objects that exist in our daily lives, without being in any way visual representations of these objects. Of course there are also words which are dependent on other words for their meaning, such as prepositions, conjunctions or suffices, but this is irrelevant to this essay. , Thesis (MFA) -- Faculty of Humanities, Fine Art, 1991
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- Authors: Edworthy, S
- Date: 1991-03
- Subjects: Uncatalogued
- Language: English
- Type: Master's theses , text
- Identifier: http://hdl.handle.net/10962/191247 , vital:45075
- Description: This essay is intended, firstly for those who at some time have had the urge to include words into their otherwise conventional representational images, but are deterred by the suspicion that such elements have no place in the picture plane. Secondly, it is hoped, that this dissertation will provide some understanding concerning the motivations and aims of artists, using "verbal symbols" in their visual images. At this point, I offer some explanation of the term "verbal symbols". The alphabet that we are accustomed to today differs vastly from the first writing that was invented. The naming of items nowadays is arbitrarily established and all we are left with is a name that bears no visual resemblance to the object it represents in real life. The word "house", for example, tells us nothing of the physical nature of a house. However, owing to our conditioning, the word evokes in us a mental picture of a house, even if the details of this picture will vary amongst individuals. Words then are symbols which denote, broadly speaking, objects that exist in our daily lives, without being in any way visual representations of these objects. Of course there are also words which are dependent on other words for their meaning, such as prepositions, conjunctions or suffices, but this is irrelevant to this essay. , Thesis (MFA) -- Faculty of Humanities, Fine Art, 1991
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