Parate Executie Clause in Mortgage Bond Versus Post-Default Authority to Sell ‒ Business Partners Limited v Mahamba (4568/2016) [2019] ZAECGHC 17 (26 February 2019)

Obiter ◽  
2020 ◽  
Vol 41 (1) ◽  
pp. 175-185
Author(s):  
Reghard Brits
Keyword(s):  
South African ◽  
Eastern Cape ◽  
Residential Mortgage ◽  
Business Partners ◽  
Contractual Arrangements ◽  
Significant Difference ◽  
The Difference ◽  
The Republic ◽  
The One ◽  
The Right

The purpose of this note is to consider a case that came before a full bench of the Eastern Cape Division of the High Court in Grahamstown – namely, Business Partners Limited v Mahamba ((4568/2016) [2019] ZAECGHC 17 (26 February 2019)). The case touched on the age-old debate surrounding the validity of parate executie (summary execution or private sale) clauses in agreements that hypothecate property as security for the payment of a debt. Even though such clauses are popular in pledge agreements pertaining to movable property (including the hypothecation of incorporeal movables via a cession in securitatem debiti), this case involved a mortgage bond pertaining to immovable property. Moreover, as explained below, the impugned clause in casu technically was not a parate executie clause but an agreement entered into after the debtor defaulted on a loan.A parate executie clause generally seeks to entitle the secured creditor to dispose of the hypothecated property through a private sale – that is, without going through the normal court processes – when the debtor defaults on payment obligations under the loan agreement. The validity of parate executie clauses has been debated since at least Roman-Dutch times, while the debate has also featured in modern South African case law and literature. More recently a constitutional dimension has been added to (and has revived) the controversy by virtue of the right of access to courts guaranteed in section 34 of the Constitution of the Republic of South Africa, 1996 (the Constitution). There is also a significant difference depending on whether a pledge of movable or a mortgage of immovable property is involved. It is moreover necessary to distinguish between parate executie clauses included in the bond itself and agreements subsequent to a debtor’s default in terms of which a debtor authorised a creditor to sell the property without having to go through the court processes.In view of the judgment in Business Partners v Mahamba (supra), it is arguably necessary to revisit the matter and to clarify some aspects surrounding parate executie clauses, such as the circumstances under which they are valid and invalid as well as how they differ from similar contractual arrangements between debtors and creditors. It is also necessary to affirm the difference in this regard between pledges of movable and mortgages of immovable property. The case note also comments on the implications, in the residential mortgage foreclosure context, of the difference between parate executie clauses in mortgage agreements, on the one hand, and post-default agreements allowing a creditor to sell the property privately, on the other.

scholarly journals UJI BEDA PELANGGARAN TRAFFIC LIGHT BERDASARKAN LOKASI PELANGGARANNYA

2017 ◽  
Vol 8 (2) ◽  
pp. 65
Author(s):  
Ridayati Ridayati
Keyword(s):  
Traffic Light ◽  
Traffic Regulation ◽  
Significant Difference ◽  
Traffic Violations ◽  
Traffic Violation ◽  
The Difference ◽  
Mind Set ◽  
The One ◽  
The Right

The increasing of the vehicles flow on Yogya-Solo street causing congestion at some points in the Klaten district. The main cause of the congestion is the number of traffic violations which lead to the accidents. Bendogantungan, south Klaten, is one of the most congested point in this district. This study is aimed to determine the causes and the effects of traffic light violations and to examine the difference o f traffic light violations based on the point of violations in the intersection of bendogantungan, Yogya-Solo street. The results show that the practical mind-set of Klaten community in driving has created an instant community. Many people of that community have not realized yet on the importance of traffic regulation, this causes the number of accident. The result of analysis using SPSS 15 shows that there is a significant difference between the one way traffic violation at Empu Sedah street and eastward of Yogya-Solo street. The difference also appears between the one way traffic violations at Empu Sedah street and the westward of Yogya-Solo street. It also happens between the right turn of Ki Ageng Pandanaran street and the westward of Yogya-Solo street.

386 An Exploratory Study of Bedtime Procrastination and Emotional Regulation Strategies in Insomnia compared to healthy individuals

SLEEP ◽  
2021 ◽  
Vol 44 (Supplement_2) ◽  
pp. A153-A153
Author(s):  
Goeun Kim ◽  
Hyojin Nam ◽  
Huisu Jeon ◽  
Sooyeon Suh
Keyword(s):  
Emotional Regulation ◽  
Severity Index ◽  
Ministry Of Education ◽  
Chi Square ◽  
Healthy Group ◽  
Significant Difference ◽  
Regulation Strategies ◽  
The Difference ◽  
The Republic ◽  
Bedtime Procrastination

Abstract Introduction Bedtime Procrastination (BP) is defined as the behavior of voluntarily delaying going to bed, without having external reasons for doing so. Recent research on procrastination behavior suggests that when negative emotions are elevated, procrastination behaviors can be triggered in order to find pleasure to avoid and alleviate them. Procrastination can also occur when there is difficulty regulating emotions. In addition, the reason for bedtime procrastination may be different depending on whether the individuals present with insomnia. According to previous studies, patients with insomnia may exhibit more pronounced negative avoidance of bedtime due to prolonged sleeplessness. Therefore, this study compared the difference between of the bedtime procrastination and the emotional regulation strategies between the insomnia group and the healthy group. Methods This study was conducted in 582 adults (mean age 23.06 ±2.16 years), 81.6% females. Individuals scoring higher than 15 on the Insomnia Severity Index (ISI) were classified into the insomnia group (n=375), and those less than 15 were classified into the healthy group (n=207). Participants completed the Bedtime Procrastination Scale (BPS), Emotional Regulation Strategies Checklist. Data was analyzed using descriptive statistics, chi square test, and independent t tests. Results The insomnia group had significantly higher bedtime procrastination scores than the healthy group (t=-6.241, p<.001), and also the avoidant/distractive regulation style score was significantly higher (t=-1.969, p<.05). In addition, the score of active regulation style was significantly lower in the insomnia group than in the healthy group (t=3.050, p<.01). There was no significant difference between the two groups in the support-seeking regulation style. Conclusion Based on these results, it was confirmed that there was a difference in the bedtime procrastination and the emotional regulation strategies between the insomnia group and the healthy group. Support (if any) This work was supported by the Ministry of Education of the Republic of Korea and the National Research Foundation of Korea(NRF-2018S1A5A8026807)

Growth and movement of the South African abalone Haliotis midae: A reassessment

1995 ◽  
Vol 46 (3) ◽  
pp. 583 ◽  
Author(s):  
RJQ Tarr
Keyword(s):  
South African ◽  
Growth Rates ◽  
Growth Parameters ◽  
Eastern Coast ◽  
Island Population ◽  
Western Coast ◽  
Eastern Cape ◽  
The South ◽  
Significant Difference ◽  
Haliotis Midae

Growth rates of a number of Haliotis midae populations around the South African coast were studied by means of tagging. These populations ranged from the cool waters of the western coast to the more temperate environment of the eastern Cape. Standard von Bertalanffy growth curves were fitted and growth parameters derived. These ranged from 0.19 to 0.25 for K, the average rate at which L∞ is approached, and from 156 to 173 for L∞, the average theoretical maximum length. These indicate far higher growth rates than were previously published for this commercially fished species, and the reasons for this difference are discussed. The expectation that growth rates would be fastest in the warmer eastern Cape waters was not realized, there being no significant difference in growth between the Bird Island population on the eastern coast and the Robben Island population on the western coast. These new growth parameters indicate that H. midae in the commercial fishery grounds is attaining sexual maturity some four years earlier, and the minimum legal size some five years earlier, than previously considered. This has considerable significance for modelling studies presently underway. Movement of a small population of adult H. midae was studied over a three-year period, after which 47% of the original abalone were still present on the study site. Of these, 81.5% still occupied exactly the same position on the rocks. This indicates that H. midae that have located an optimum habitat, and that are not disturbed, tend not to move.

A Tug of War Between Heritage Conservation and Property Rights: Some Success at Last for Heritage Conservation—City of Cape Town v. Oudekraal Estates (Pty) Ltd. [2007] JOL 20887 (C)

2009 ◽  
Vol 16 (1) ◽  
pp. 67-83 ◽  
Author(s):  
Margaret Beukes
Keyword(s):  
Property Rights ◽  
South African ◽  
Cape Town ◽  
The Other ◽  
Heritage Conservation ◽  
South African Context ◽  
Sensitive Issue ◽  
African Context ◽  
The One ◽  
The Right

When the idea of heritage conservation arises, one specific facet of the ensuing reflection is bound to emerge at some stage: the (inevitable) tension between property rights, on the one hand, and the right to culture (of which heritage conservation is an aspect), on the other. This tension intensifies when the cultural material to be conserved concerns a traditionally sensitive issue—that of the burial places of the ancestors of people designated in the South African context as previously disadvantaged.

scholarly journals Difference in height of maxillary alveolar ridge on edentulous women and dentate women using panoramic radiography

2019 ◽  
Vol 10 (2) ◽  
pp. 1243-1248
Author(s):  
Cek Dara Manja ◽  
Dennis
Keyword(s):  
Panoramic Radiography ◽  
Total Sample ◽  
Mechanical Stimulus ◽  
Average Height ◽  
Alveolar Ridge ◽  
Cross Sectional ◽  
Average Value ◽  
Significant Difference ◽  
The Difference ◽  
The Right

The height of the maxillary alveolar ridge can be measured using panoramic radiography. The decline occurred because the height of the alveolar ridge undergoes slow physiological resorption due to the absence of mechanical stimulus. The purpose of this research is to know the difference and the average height of the maxillary alveolar ridge in edentulous and dentate women using panoramic radiography. This study is an analytical method with a cross-sectional approach. A total sample of 40 women, edentulous and dentate has been measured. Measurements were made by measuring the distance between the lowest point of the infraorbital ridge and alveolar crest maxilla on the incisor point, right and left premolar, right and left molar. A statistical test is done using independent t-test. The results showed that the average value of a dentate women sample is greater than edentulous. The average value obtained by the dentate sample is greatest in incisor point by 37,57mm± 3,34mm and the smallest at the right molar point by 33,87mm ± 2,81mm. The average value obtained by the edentulous sample is greatest in incisor point by 35,30mm ± 2,79mm and the smallest at the right molar point by 31,84mm ± 3,85mm. It can be concluded that there is a significant difference in the height of the maxillary alveolar ridge on an edentulous sample and dentate, except the right molar teeth. The average height of the maxillary alveolar ridge in an edentulous sample is 33,35mm ± 3,43mm, and the dentate sample is 35,66mm ± 3,21mm.

scholarly journals OF SEMI-COLONS AND THE INTERPRETATION OF THE HATE SPEECH DEFINITION IN THE EQUALITY ACT South African Human Rights Commission v Qwelane (Freedom of Expression Institute as Amici curiae) and a related matter [2017] 4 All SA 234 (GJ)

Obiter ◽  
2018 ◽  
Vol 39 (2) ◽  
Author(s):  
Joanna Botha
Keyword(s):  
South Africa ◽  
Human Rights ◽  
South African ◽  
Hate Speech ◽  
Freedom Of Expression ◽  
Eastern Cape ◽  
Threshold Test ◽  
Related Matter ◽  
The Republic

In South African Human Rights Commission v Qwelane (hereinafter “Qwelane”) the constitutionality of the threshold test for the hate speech prohibition in section 10(1) of the Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000 (hereinafter the “Equality Act”) was challenged. Although the court had no difficulty in finding that the publication in question fell squarely within the parameters of hate speech, the judgment is both incoherent and flawed. The court’s conjunctive interpretation of the section 10(1) requirements for hate speech also differs from the disjunctive interpretation given to the same provision in Herselman v Geleba (ECD (unreported) 2011-09-01 Case No 231/09 hereinafter “Herselman”) by the Eastern Cape High Court. The consequence is a “fragmented jurisprudence” which impacts on legal certainty, and which is especially dangerous when the legislation in question is critical to the achievement of the constitutional mandate (Daniels v Campbell NO 2004 (5) SA 331 (CC) par 104 hereinafter “Daniels”).This note demonstrates that the Qwelane court misapplied a number of key principles. These include: the court’s mandate in terms of section 39(2) of the Constitution of the Republic of South Africa, 1996 (hereinafter the “Constitution”); the need to strike an appropriate balance between competing rights in the constitutional framework; the importance of definitional certainty for a hate speech threshold test; the meaning to be ascribed to the terms “hate”, “hurt” and “harm” in the context of hate speech legislation; and the role of international law when interpreting legislation intended to give effect to international obligations.The consequence of these errors for hate speech regulation in South Africa is profound.

Evaluation of Biomechanically Corrected Intraocular Pressure Measurements in Keratoconus and Forme Fruste Keratoconus

2020 ◽  
Vol 63 (6) ◽  
pp. 541-549
Author(s):  
Tomoya Nishida ◽  
Takashi Kojima ◽  
Takahiro Kataoka ◽  
Naoki Isogai ◽  
Yoko Yoshida ◽  
...  
Keyword(s):  
Intraocular Pressure ◽  
Biomechanical Properties ◽  
Control Group ◽  
Pressure Measurements ◽  
Altman Plot ◽  
Significant Difference ◽  
The Difference ◽  
The Right ◽  
Corneal Biomechanical Properties ◽  
Forme Fruste Keratoconus

<b><i>Introduction:</i></b> Although biomechanically corrected intraocular pressure (bIOP) is available, the effectiveness of intraocular pressure (IOP) correction in keratoconus and forme fruste keratoconus (FFK) eyes has not been investigated. <b><i>Objective:</i></b> Evaluation of bIOP measurements in eyes with keratoconus and FFK. <b><i>Methods:</i></b> Forty-two eyes in 21 patients with keratoconus in one eye and FFK in the fellow eye were examined (KC/FFK group; mean age 24.62 ± 8.6 years; 16 males and 5 females). The control group consisted of 62 eyes in 31 unaffected subjects (mean age 26.26 ± 3.64 years; 15 males and 16 females). The bIOP was determined using a Scheimpflug-based tonometer (Corvis Scheimpflug Technology [Corvis ST®]) after measuring the IOP with a conventional non-contact tonometer (NIOP). The agreement between NIOP and bIOP values was examined using the Bland-Altman plot. The difference between NIOP and bIOP (bIOP correction amount) was compared between keratoconus and FFK eyes. <b><i>Results:</i></b> In the control group, there were no significant differences between right and left eyes in both NIOP and bIOP values (<i>p</i> = 0.975 and <i>p</i> = 0.224, respectively). In the KC/FFK group, NIOP values were significantly lower in the keratoconus eyes (9.93 ± 1.96 mm Hg) than in the FFK eyes (12.23 ± 3.03 mm Hg; <i>p</i> = 0.0003). There was no significant difference in bIOP values between the right and left eyes of the KC/FFK group (<i>p</i> = 0.168). The bIOP correction amount was significantly increased in keratoconus eyes (3.58 ± 2.12 mm Hg) compared to in FFK eyes (1.80 ± 3.32 mm Hg; <i>p</i> = 0.011). <b><i>Conclusions:</i></b> For eyes with keratoconus and FFK, the bIOP method is effective to adjust IOP measurements based on corneal biomechanical properties.

Infertile bulls versus steers: III. Carcass characteristics

1971 ◽  
Vol 77 (2) ◽  
pp. 317-323 ◽  
Author(s):  
M. A. Price
Keyword(s):  
Muscle Growth ◽  
Weight Ratio ◽  
Carcass Characteristics ◽  
Carcass Composition ◽  
Lower Percentage ◽  
Nutritional Conditions ◽  
Significant Difference ◽  
Kidney Fat ◽  
The Difference ◽  
The One

SummaryThe carcass characteristics of a total of 43 infertile bulls were oompared with those of 42 steers from five independent trials. In most cases there was no significant difference between the bulls and the steers for dressing percentage, or fleshing index. Bulls were generally found to have greater hide percentages than steers, the difference being very highly significant (P < 0·001) in one of the trials and significant (P < 0·05) in another. Eye musole area expressed relative to caroass weight was greater in the bulls, the difference being significant (P < 0·05) in three of the trials. The depth of fat over the eye musole and the hind to fore-quarter weight ratio were greater in the steer carcasses. Head weights were found to be significantly greater (P < 0·05) and caul and kidney fat weights less (P < 0·05) in bulls than in steers in the one trial where these parameters could be measured.Carcass composition was estimated by the three-rib sample joint teohnique in four of the trials, and in these the bulls had a greater percentage of bone and muscle, but a lower peroentage of fat than the steers, the differences being significant in most oases. In the fifth trial composition was estimated by half carcass dissection. This, too, showed bulls to have a greater percentage of bone and muscle and a lower percentage of fat, the differences being highly significant (P < 0·01) and very highly significant (P < 0·001) respectively. On a fat-corrected basis the estimated retail value of the carcasses favoured the bulls by about $20.00 each.The studies, conducted over a range of nutritional conditions, showed that non-castration favoured muscle growth while suppressing fat deposition, and that this advantage was more pronounced when growth rates were high.

scholarly journals A study on maxillary sinus dimensions by computed tomography in population of Tamil Nadu

2016 ◽  
Vol 05 (02) ◽  
pp. 091-096
Author(s):  
N Muthukumaravel ◽  
K.Y Manjunath
Keyword(s):  
Computed Tomography ◽  
Maxillary Sinus ◽  
Tamil Nadu ◽  
Maximum Width ◽  
Average Width ◽  
Computed Tomographic ◽  
Significant Difference ◽  
The Difference ◽  
The Right ◽  
Maxillary Sinuses

Abstract Background and aims: Maxillary sinuses are the largest of the paranasal sinuses known for variability in their dimensions. The maxillary sinus dimensions can be better ascertained in living by using computed tomography instead of plain radiography. This study was planned for highlighting the variations in the dimensions of the maxillary sinuses of population of Tamil Nadu region. The aims of the present study were to estimate dimensions of the maxillary sinuses on computed tomographic (CT) scan of the head of patients from Tamil Nadu and to compare the data gender wise and sidewise. Material and methods: Maximum width, height and depth of maxillary sinus of both sides were measured in CT - head images of 100 males and 100 females of 20-50 years of age in Tamil Nadu. Comparison of data between genders and sides by applying unpaired student "t" test was done. Results : The mean depth, height and width of both right and left maxillary sinuses were comparatively less in females than the males and the difference was found to be statistically significant ( P <.0001). On comparison between the sides of maxillary sinuses, the depth and the height of maxillary sinus did not show any significant difference in the measurements (p >.05), whereas the width of the left side (23.96 mm) was higher than that of the right side (23.69) and the difference was found to be statistically significant (P<.05). The combined average maxillary sinus dimensions (in mm) for both genders in the study population of Tamil Nadu are as follows: Right side depth: 33.71 ± 1.00; Left side depth : 33.65 ± 1.22; Right side height: 34.66 ± 2.71; Left side height: 34.74± 2.48; Right side width: 23.69 ± 0.78 and Left side width: 23.96 ± 0.86. Conclusion: The dimensions of maxillary sinuses in males were found to be larger than those of females and this difference was statistically significant. The average width of the maxillary sinuses on the left side is significantly more than that of right sided sinuses. Computed tomography measurements of maxillary sinuses may be useful in gender determination.

scholarly journals Revisiting the relationship between different financial risk measures and the market return on ordinary shares in South Africa

2015 ◽  
Vol 18 (2) ◽  
pp. 218-231
Author(s):  
Elda Du Toit
Keyword(s):  
South African ◽  
Financial Risk ◽  
Positive Relationship ◽  
Risk Measures ◽  
The United States ◽  
Expected Return ◽  
The Difference ◽  
The One ◽  
The Relationship ◽  
A Share

The main aim of this study was to test whether there is a positive relationship between different financial risk measures and the expected return of a share. This study was performed in 1995 by Brümmer and Wolmarans, who obtained results contrary to those of a similar study in the United States of America in 1988. The reasons for the difference were not established. This study follows up the one by Brümmer and Wolmarans to determine whether the passing of 19 years could have brought about any difference in the results. This process was initiated by testing a set of variables from a sample size of 107 JSE-listed companies from 2002 to 2012 for linearity. As there was no such linear relationship between any of the variables, no assumptions can be made about any relationship between share return and the risk measures tested here. If investors were risk averse, one would expect a positive relationship between different financial risk measures and the expected return of a share. This is not the case in the South African market.

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