scholarly journals National Credit Regulator Versus Nedbank Ltd and the Practice of Debt Counselling in South Africa

2017 ◽  
Vol 13 (2) ◽  
pp. 127
Author(s):  
Dawid De Villiers
Keyword(s):  
South Africa ◽  
Court Order ◽  
High Court ◽  
Application Procedure ◽  
Safe Side ◽  
History Of ◽  
Paper Work ◽  
Debt Enforcement ◽  
The Impact

 The National Credit Regulator approached the then Transvaal Provincial Division of the High Court in 2008 by way of a notice of motion. In this application the Regulator prayed in terms of section 16(1)(b) of the National Credit Act 34 of 2005 (the "NCA") for the proper interpretation of mainly sections 86 and 87 of the same Act. Due to uncertainty and confusion the Regulator lodged an application to obtain clarity on some of the difficulties that debt counsellors experience in practice.  The matter was heard in the High Court (TPD) on 02/03/2009 and judgment was handed down by Du Plessis J on 21/08/2009. This article discusses the fifteen prayers and the impact of the orders granted by the Court under three logical headings, namely: those that deal with the NCA and the Magistrate’s Court;  Order 1 (on section 86(7)(c)), order 2 (an obligation to conduct a hearing), order 3 (the judicial role of the Magistrate’s Court) and order 4 (the application procedure of the Magistrate’s Court) defined the interaction between the NCA and the Magistrate’s Court Act (the “MCA”) very clearly.  Since there is no sui generis procedure provided for in the NCA, it is submitted that the Court’s approach is correct. However, the end result is that the over-indebted consumer is not supported to the degree the NCA envisages. For example: a rule 55 procedure of the MCA can be cumbersome and costly, while the NCA envisaged a fast and relatively inexpensive process. those that deal with the role of the debt counsellor in debt restructuring; Order 5 (costs), order 6 (statutory function) and order 8 (the unique role of the debt counsellor),  granted under this heading, are important.  They define the role of the debt counsellor to be different from the run-of-the-mill applicant in terms of rule 55.  He/she is even protected against some cost orders due to a statutory function. Because of this special function a question arises: should this difference in treatment not be even greater than custom presently permits or proposes?  Since this function brings great responsibility and much paper work, should it not affect the fees that a debt counsellor may charge? those that deal with the court procedures. Orders 7, 9, 10 and 11 in this section are welcomed, namely those that deal with the service of documents, the geographical jurisdiction and monetary limit of the court, reckless credit and the in duplum rule.  However, the Court preferred to stay on the safe side with respect to emoluments attachments orders and the application of section 86(2) to section 129(1). The lack of direction on the question when formal debt enforcement in fact begins, is regrettable.   However, the declarator is a milestone in the history of the NCA.  The orders impact significantly on the practice of debt review and will continue to shape the credit industry.  Despite some disappointments it can be concluded that the declarator on the whole adds value to the practice of debt counselling in South Africa. It is now for the industry, the NCR, the legislators and scholars to take matters further.    

Migration, Mobility and Transnational Families: The Case of Indian Women Migrating to South Africa

2020 ◽  
Vol 8 (1) ◽  
Author(s):  
Pragna Rugunanan
Keyword(s):  
South Africa ◽  
Exploratory Research ◽  
Indian Women ◽  
Migration Literature ◽  
History Of ◽  
Life Course Framework ◽  
The Impact ◽  
Trailing Spouses ◽  
Depth Interviews

The history of labour migration to South Africa spans centuries. More recently flows of skilled and unskilled, documented and undocumented migration to South Africa have reached significant proportions. While men have predominated in the flows of migration streams to South Africa, the feminisation of migration has increased the visibility and role of women in the migration context. The impact of migration on the lives of skilled married women has been given little attention in the migration literature. Characterised as trailing spouses in the broader migration literature, the article explores, through a life-course framework, how skilled Indian women renegotiate their lives when leaving secure jobs to follow their spouses to a foreign country. Attention is given to how mobility is negotiated between the spouses, the impact of mobility on the family and the influence of transnationalism on the migrants and their families in South Africa. The article is based on exploratory research using qualitative in-depth interviews conducted with married skilled Indian women who migrated as co-dependents to South Africa.

The Foreign Policy Mechanism of the Union Of South Africa and the Development of its Diplomatic Relations (1910–1948)

2020 ◽  
pp. 74-86
Author(s):  
Alexandra Arkhangelskaya
Keyword(s):  
South Africa ◽  
Foreign Policy ◽  
British Empire ◽  
Prime Minister ◽  
The Political ◽  
Diplomatic Relations ◽  
Economic Evolution ◽  
Local Elite ◽  
History Of

The history of the formation of South Africa as a single state is closely intertwined with events of international scale, which have accordingly influenced the definition and development of the main characteristics of the foreign policy of the emerging state. The Anglo-Boer wars and a number of other political and economic events led to the creation of the Union of South Africa under the protectorate of the British Empire in 1910. The political and economic evolution of the Union of South Africa has some specific features arising from specific historical conditions. The colonization of South Africa took place primarily due to the relocation of Dutch and English people who were mainly engaged in business activities (trade, mining, agriculture, etc.). Connected by many economic and financial threads with the elite of the countries from which the settlers left, the local elite began to develop production in the region at an accelerated pace. South Africa’s favorable climate and natural resources have made it a hub for foreign and local capital throughout the African continent. The geostrategic position is of particular importance for foreign policy in South Africa, which in many ways predetermined a great interest and was one of the fundamental factors of international involvement in the development of the region. The role of Jan Smuts, who served as Prime Minister of the Union of South Africa from 1919 to 1924 and from 1939 to 1948, was particularly prominent in the implementation of the foreign and domestic policy of the Union of South Africa in the focus period of this study. The main purpose of this article is to study the process of forming the mechanisms of the foreign policy of the Union of South Africa and the development of its diplomatic network in the period from 1910 to 1948.

Stress, Cortisol and Suicide Risk

2019 ◽  
Author(s):  
Daryl Brian O'Connor
Keyword(s):  
Risk Factors ◽  
Suicidal Behavior ◽  
Suicide Risk ◽  
Stressful Events ◽  
Additional Risk ◽  
Global Health Issue ◽  
History Of ◽  
Hpa Axis Activity ◽  
The Impact

Suicide is a global health issue accounting for at least 800,000 deaths per annum. Numerous models have been proposed that differ in their emphasis on the role of psychological, social, psychiatric and neurobiological factors in explaining suicide risk. Central to many models is a stress-diathesis component which states that suicidal behavior is the result of an interaction between acutely stressful events and a susceptibility to suicidal behavior (a diathesis). This article presents an overview of studies that demonstrate that stress and dysregulated hypothalamic-pituitary-adrenal (HPA) axis activity, as measured by cortisol levels, are important additional risk factors for suicide. Evidence for other putative stress-related suicide risk factors including childhood trauma, impaired executive function, impulsivity and disrupted sleep are considered together with the impact of family history of suicide, perinatal and epigenetic influences on suicide risk.

Setting the Stage

2017 ◽  
Author(s):  
Fred L. Borch
Keyword(s):  
World War Ii ◽  
Japanese Occupation ◽  
East Indies ◽  
Indonesian Archipelago ◽  
Ethical Policy ◽  
Netherlands East Indies ◽  
History Of ◽  
Colonial Economy ◽  
The Impact

Explores the role of the Dutch in the Indies from 1595, when sailors from Amsterdam first arrived in the islands, to 1942, when the Japanese invaded the colony and inflicted a devastating defeat upon the Dutch. The history of the Dutch in the Indonesian archipelago is critical to understanding the impact of the Japanese occupation after 1942, and the nature of the war crimes committed by the Japanese. This is because the ultimate goal of the Japanese occupiers was to erase all aspects of Dutch culture and influence the islands. The chapter begins with an examination of the early Dutch settlement of the islands, and the development of the colonial economy. It then discusses the so-called “Ethical Policy,” which sought to unify the islands under Dutch rule and implement European ideas about civilization, culture, and prosperity. The chapter looks at the colony’s social structure prior to World War II and closes with a discussion of the colony’s preparations for war with the Japanese in 1942. A short postscript explains what occurred between August 1945, when the Japanese surrendered, and December 1949, when the Netherlands East Indies ceased to exist.

The Role of Oil and Gas in the Economic Development of the Global Economy

2018 ◽  
Author(s):  
Paul Stevens
Keyword(s):  
Economic Development ◽  
Global Economy ◽  
Oil And Gas ◽  
Primary Energy ◽  
Oil And Gas Producers ◽  
The Future ◽  
History Of ◽  
Factor Inputs ◽  
The Impact

This chapter is concerned with the role of oil and gas in the economic development of the global economy. It focuses on the context in which established and newer oil and gas producers in developing countries must frame their policies to optimize the benefits of such resources. It outlines a history of the issue over the last twenty-five years. It considers oil and gas as factor inputs, their role in global trade, the role of oil prices in the macroeconomy and the impact of the geopolitics of oil and gas. It then considers various conventional views of the future of oil and gas in the primary energy mix. Finally, it challenges the drivers behind these conventional views of the future with an emphasis on why they may prove to be different from what is expected and how this may change the context in which producers must frame their policy responses.

Evaluating the role of soil physical properties on simulated land-atmosphere interactions over South Africa using coupled atmosphere-hydrological modeling

2021 ◽  
Author(s):  
Zhenyu Zhang ◽  
Patrick Laux ◽  
Joël Arnault ◽  
Jianhui Wei ◽  
Jussi Baade ◽  
...  
Keyword(s):  
South Africa ◽  
Physical Properties ◽  
Land Degradation ◽  
Land Surface ◽  
Soil Physical Properties ◽  
Near Surface ◽  
Soil Database ◽  
Global Soil ◽  
The Impact

<p>Land degradation with its direct impact on vegetation, surface soil layers and land surface albedo, has great relevance with the climate system. Assessing the climatic and ecological effects induced by land degradation requires a precise understanding of the interaction between the land surface and atmosphere. In coupled land-atmosphere modeling, the low boundary conditions impact the thermal and hydraulic exchanges at the land surface, therefore regulates the overlying atmosphere by land-atmosphere feedback processes. However, those land-atmosphere interactions are not convincingly represented in coupled land-atmosphere modeling applications. It is partly due to an approximate representation of hydrological processes in land surface modeling. Another source of uncertainties relates to the generalization of soil physical properties in the modeling system. This study focuses on the role of the prescribed physical properties of soil in high-resolution land surface-atmosphere simulations over South Africa. The model used here is the hydrologically-enhanced Weather Research and Forecasting (WRF-Hydro) model. Four commonly used global soil datasets obtained from UN Food and Agriculture Organization (FAO) soil database, Harmonized World Soil Database (HWSD), Global Soil Dataset for Earth System Model (GSDE), and SoilGrids dataset, are incorporated within the WRF-Hydro experiments for investigating the impact of soil information on land-atmosphere interactions. The simulation results of near-surface temperature, skin temperature, and surface energy fluxes are presented and compared to observational-based reference dataset. It is found that simulated soil moisture is largely influenced by soil texture features, which affects its feedback to the atmosphere.</p>

scholarly journals A short history of ocean acidification science in the 20th century: a chemist's view

2013 ◽  
Vol 10 (11) ◽  
pp. 7411-7422 ◽  
Author(s):  
P. G. Brewer
Keyword(s):  
Ocean Acidification ◽  
20Th Century ◽  
Fossil Fuel ◽  
Trade Offs ◽  
History Of ◽  
Chemical Knowledge ◽  
The Creation ◽  
Ph Scale ◽  
The Impact

Abstract. This review covers the development of ocean acidification science, with an emphasis on the creation of ocean chemical knowledge, through the course of the 20th century. This begins with the creation of the pH scale by Sørensen in 1909 and ends with the widespread knowledge of the impact of the "High CO2 Ocean" by then well underway as the trajectory along the IPCC scenario pathways continues. By mid-century the massive role of the ocean in absorbing fossil fuel CO2 was known to specialists, but not appreciated by the greater scientific community. By the end of the century the trade-offs between the beneficial role of the ocean in absorbing some 90% of all heat created, and the accumulation of some 50% of all fossil fuel CO2 emitted, and the impacts on marine life were becoming more clear. This paper documents the evolution of knowledge throughout this period.

scholarly journals Emilio Betti: from the history of law to the general theory of interpretation

2020 ◽  
pp. 30-44
Author(s):  
Iuliia Rossius
Keyword(s):  
General Theory ◽  
Practical Importance ◽  
Dialectical Tension ◽  
History Of ◽  
History Of Law ◽  
The Subject ◽  
Theory Of Law ◽  
The Impact ◽  
Hans Georg Gadamer

The goal of this article consists in demonstration of the impact of research in the field of history and theory of law alongside the hermeneutics of Emilio Betti impacted the vector of this philosophical thought. The subject of this article is the lectures read by Emilio Betti (prolusioni) in 1927 and 1948, as well as his writings of 1949 and 1962. Analysis is conducted on the succession of Betti's ideas in these works, which is traced despite the discrepancy in their theme (legal and philosophical). The author indicates “legal” origin of the canons of Bettis’ hermeneutics, namely the canon of autonomy of the object. Emphasis is placed on the problem of objectivity in Betti's theory, as well as on dialectical tension between the historicity of the interpreted subject and strangeness of the object that accompanies legal, as well as any other type of interpretation. The article reveals the key moment of Betti's criticism of Hans-Georg Gadamer. Regarding the question of historicity of the subject of interpretation. The conclusion is made that the origin of the general theory of interpretation lies in the approaches and methods developed and implemented by Betti back in legal hermeneutics and in studying history of law.   Betti's philosophical theory was significantly affected by the idea on the role of modern legal dogma in interpretation of the history of law. Namely this idea that contains the principle of historicity of the subject of interpretation, which commenced  the general hermeneutical theory of Emilio Betti, was realized in canon of the relevance of understanding in the lecture in 1948, and later in the “general theory of interpretation”. The author also underlines that the question of objectivity of understanding, which has crucial practical importance in legal hermeneutics, was transmitted into the philosophical works of E. Betti, finding reflection in dialectic of the subject and object of interpretation.

scholarly journals A Quarter Century of Democracy and the Uniting Reformed Church in Southern Africa

2019 ◽  
Vol 45 (3) ◽  
Author(s):  
Leepo Johannes Modise
Keyword(s):  
South Africa ◽  
South African ◽  
Southern Africa ◽  
Quarter Century ◽  
South African Society ◽  
Reformed Church ◽  
History Of ◽  
Measuring Tool ◽  
The Church

This paper focuses on the role of the Uniting Reformed Church in Southern Africa (URCSA) in the South African society during the past 25 years of its services to God, one another and the world. Firstly, the paper provides a brief history of URCSA within 25 years of its existence. Secondly, the societal situation in democratic South Africa is highlighted in light of Article 4 of the Belhar Confession and the Church Order as a measuring tool for the role of the church. Thirdly, the thermometer-thermostat metaphor is applied in evaluating the role of URCSA in democratic South Africa. Furthermore, the 20 years of URCSA and democracy in South Africa are assessed in terms of Gutierrez’s threefold analysis of liberation. In conclusion, the paper proposes how URCSA can rise above the thermometer approach to the thermostat approach within the next 25 years of four general synods.

scholarly journals Children coping with COVID-19: Intersectional understandings of film and media access in a crisis

2021 ◽  
Vol 4 (1) ◽  
Author(s):  
Justine Atkinson ◽  
Firdoze Bulbulia
Keyword(s):  
South Africa ◽  
The Netherlands ◽  
Case Studies ◽  
Media Access ◽  
Specific Focus ◽  
Film Education ◽  
The World ◽  
Context Specific ◽  
The Impact

As a result of the global COVID-19 pandemic and resulting lockdowns across the world, digital access has become paramount, as most aspects of education have moved online. Drawing together five case studies located in South Africa, Argentina, the Netherlands, India and Ethiopia, this article assesses the role of film education during the COVID-19 pandemic, with a specific focus on the impacts of digital access. We examine multimodal forms of film education, and how these were used to inform, entertain and educate children during the crisis by the varying work undertaken by the organizations. Applying theories of intersectionality, we address the need for context-specific approaches to film education, focusing upon the impact that the societal and individual contexts had on the dissemination of film education in each country.

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