scholarly journals Interference without ownership: The theft of incorporeal money in the South African law of unjustified enrichment

Acta Juridica ◽  
2021 ◽  
Vol 2021 ◽  
pp. 343-373
Author(s):  
H Scott
Keyword(s):  
South Africa ◽  
South African ◽  
Southern Africa ◽  
Future Development ◽  
Explanatory Power ◽  
Size And Shape ◽  
Unjust Enrichment ◽  
Proper Size ◽  
National Bank ◽  
Unjustified Enrichment

First National Bank of Southern Africa v Perry, Nissan South Africa v Marnitz NO and Absa Bank v Lombard Insurance, as well as Trustees, Estate Whitehead v Dumas and Absa Bank v Moore, together amount to a concerted attempt on the part of South African courts to provide victims of the theft of incorporeal money with adequate redress. However, it has proved difficult to find a satisfactory juristic explanation for this series of decisions. This chapter shows that a model organised around the extension of the vindicatio to incorporeal money is unworkable. Instead, having considered briefly a second possibility, namely, the English constructive trust, this chapter advances an analysis of the plaintiff’s claim to the stolen money solely in terms of the non-consensual enrichment (that is, enrichment other than by deliberate conferral) of the defendant at their expense. Apart from its superior explanatory power, such an approach offers a blueprint for future development, insofar as it opens the way to the recognition of a secured claim where the proceeds of stolen money have been used to discharge the thief ’s pre-existing secured debts: the doctrine of subrogation to extinguished rights. This chapter closes by considering the implications of these conclusions for wider debates about the proper size and shape of the law of unjust enrichment.

Region of Birth and Child Mortality among Black Migrants to South Africa: Is there a foreign-born advantage?

2016 ◽  
Vol 13 (3) ◽  
pp. 359-376 ◽  
Author(s):  
Tiffany L Green ◽  
Amos C Peters
Keyword(s):  
South Africa ◽  
South African ◽  
Child Mortality ◽  
Southern Africa ◽  
Strong Relationship ◽  
Developed Countries ◽  
Black Immigrants ◽  
Foreign Born ◽  
Region Of Origin ◽  
Child Deaths

Much of the existing evidence for the healthy immigrant advantage comes from developed countries. We investigate whether an immigrant health advantage exists in South Africa, an important emerging economy.  Using the 2001 South African Census, this study examines differences in child mortality between native-born South African and immigrant blacks.  We find that accounting for region of origin is critical: immigrants from southern Africa are more likely to experience higher lifetime child mortality compared to the native-born population.  Further, immigrants from outside of southern Africa are less likely than both groups to experience child deaths.  Finally, in contrast to patterns observed in developed countries, we detect a strong relationship between schooling and child mortality among black immigrants.

Liebenberg, Ian, Jorge Risquet and Vladimir Shubin (eds), A Far-away War: Angola, 1975-1989. Stellenbosch: Sun Press 2015, 207 pp.

2020 ◽  
Vol 38 (2) ◽  
Author(s):  
Jan F Mutton
Keyword(s):  
South Africa ◽  
South African ◽  
Southern Africa ◽  
Deputy Director ◽  
Reference Book ◽  
40Th Anniversary ◽  
Military Academy ◽  
Military Studies ◽  
The Military ◽  
Extensive Bibliography

This publication, which consists of an Introduction and eight chapters by different authors, appeared at the time of the 40th anniversary of the entry of South Africa into the Angolan war. It is short but packed with useful information and well-documented with photos, geographical and combat maps, an extensive bibliography of 35 pages, political cartoons and posters,historical surveys and statistics. Edited by the South African Ian Liebenberg (Director of the Centre for Military Studies at the Military Academy in Stellenbosch), the Cuban Jorge Risquet (who participated in the 1988 Angolan peace talks), and the Russian Vladimir Shubin (former Deputy Director of the Institute for African Studies at the Russian Academy of Science), A Far-Away War sheds new light on this prolonged conflict, focusing on the involvement of South-Africa, Cuba, Russia and East-Germany.In doing so, it opens new perspectives and widens the understanding of the struggle for liberation in Southern Africa, not only for the average history and politics reader but also, as a very useful reference book, for the more advanced researcher and academic.

scholarly journals Serological survey of bovine viral diarrhoea virus in Namibian and South African kudu (Tragelaphus strepsiceros) and eland (Taurotragus oryx)

2013 ◽  
Vol 84 (1) ◽  
Author(s):  
Terence P. Scott ◽  
Eleanor Stylianides ◽  
Wanda Markotter ◽  
Louis Nel
Keyword(s):  
South Africa ◽  
South African ◽  
Southern Africa ◽  
Bovine Viral Diarrhoea Virus ◽  
Enzyme Linked Immunosorbent Assay ◽  
Bovine Viral Diarrhoea ◽  
Serum Samples ◽  
Diarrhoea Virus ◽  
Central Regions ◽  
Tragelaphus Strepsiceros

Bovine viral diarrhoea virus (BVDV) is a pestivirus that affects members of the order Artiodactyla, including members of the subfamily Bovinae. Little is known about the seroprevalence of BVDV in southern Africa, especially the prevalence in wild ruminant populations such as kudu (Tragelaphus strepsiceros). A handful of random surveys suggested that seroprevalence ranged between 6% and 70% in southern African wild ruminants. The present study aimed to determine the seroprevalence of BVDV amongst kudu and eland (Taurotragus oryx) from Namibia and South Africa. A BVDV-specific enzyme-linked immunosorbent assay was performed on 50 serum samples from kudu and eland from South Africa and Namibia. The seroprevalence of BVDV in South African kudu was 71%, identical to that in Namibian kudu. The seroprevalence in Namibian eland was 40%. The kudu and cattle farming (free ranging) regions in Namibia predominantly overlap in the central regions, ensuring ample opportunity for cross-species transmission of BVDV. It is therefore important to determine the true prevalence of BVDV in southern Africa in both domesticated and wild animals. In addition, a potential link between BVDV incidence and a devastating rabies epidemic in Namibian kudu was proposed and such a notion could be supported or discredited by comparative prevalence data.

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 Yes, John G Lake was a Con Man: A Response to Marius Nel

2017 ◽  
Vol 43 (2) ◽  
Author(s):  
Barry Morton
Keyword(s):  
South Africa ◽  
South African ◽  
Southern Africa ◽  
Life Story ◽  
Primary Source ◽  
Source Material ◽  
Apostolic Faith Mission

This response to Marius Nel’s 2016 article (in Studia Historiae Ecclesiasticae no. 42, 1, 62-85) uses primary source material to refute his claims that John G Lake, the initiator of Pentecostalism in southern Africa, was an upstanding man of God. A wide array of American and South African sources show that Lake invented an extensive but fictitious life story, while also creating a similarly dubious divine calling that obscured his involvement in gruesome killings in America. Once in South Africa, he used invented “miracles” to raise funds abroad for the Apostolic Faith Mission. Before long, he faced many accusations of duplicity from inside his own church.

scholarly journals First Report of Maize streak virus Field Infection of Sugarcane in South Africa

Plant Disease ◽  
2008 ◽  
Vol 92 (6) ◽  
pp. 982-982 ◽  
Author(s):  
T. van Antwerpen ◽  
S. A. McFarlane ◽  
G. F. Buchanan ◽  
D. N. Shepherd ◽  
D. P. Martin ◽  
...  
Keyword(s):  
South Africa ◽  
South African ◽  
Southern Africa ◽  
Maize Streak Virus ◽  
Streak Virus ◽  
Yield Losses ◽  
The South ◽  
Sugarcane Cultivar ◽  
First Report ◽  
The Impact

Prior to the introduction of highly resistant sugarcane varieties, Sugarcane streak virus (SSV) caused serious sugar yield losses in southern Africa. Recently, sugarcane plants with streak symptoms have been identified across South Africa. Unlike the characteristic fine stippling and streaking of SSV, the symptoms resembled the broader, elongated chlorotic lesions commonly observed in wild grasses infected with the related Maize streak virus (MSV). Importantly, these symptoms have been reported on a newly released South African sugarcane cultivar, N44 (resistant to SSV). Following a first report from southern KwaZulu-Natal, South Africa in February 2006, a survey in May 2007 identified numerous plants with identical symptoms in fields of cvs. N44, N27, and N36 across the entire South African sugarcane-growing region. Between 0.04 and 1.6% of the plants in infected fields had streak symptoms. Wild grass species with similar streaking symptoms were observed adjacent to one of these fields. Potted stalks collected from infected N44 plants germinated in a glasshouse exhibited streak symptoms within 10 days. Virus genomes were isolated and sequenced from a symptomatic N44 and Urochloa plantaginea plants collected from one of the surveyed fields (1). Phylogenetic analysis determined that while viruses from both plants closely resembled the South African maize-adapted MSV strain, MSV-A4 (>98.5% genome-wide sequence identity), they were only very distantly related to SSV (~65% identity; MSV-Sasri_S: EU152254; MSV-Sasri_G: EU152255). To our knowledge, this is the first confirmed report of maize-adapted MSV variants in sugarcane. In the 1980s, “MSV strains” were serologically identified in sugarcane plants exhibiting streak symptoms in Reunion and Mauritius, but these were not genetically characterized (2,3). There have been no subsequent reports on the impact of such MSV infections on sugarcane cultivation on these islands. Also, at least five MSV strains have now been described, only one of which, MSV-A, causes significant disease in maize and it is unknown which strain was responsible for sugarcane diseases on these islands in the 1980s (2,3). MSV-A infections could have serious implications for the South African sugar industry. Besides yield losses in infected plants due to stunting and reduced photosynthesis, the virus could be considerably more difficult to control than it is in maize because sugarcane is vegetatively propagated and individual plants remain within fields for years rather than months. Moreover, there is a large MSV-A reservoir in maize and other grasses everywhere sugarcane is grown in southern Africa. References: (1) B. E. Owor et al. J Virol. Methods 140:100, 2007. (2) M. S. Pinner and P. G. Markham. J. Gen. Virol. 71:1635, 1990. (3) M. S. Pinner et al. Plant Pathol. 37:74, 1998.

scholarly journals Upper Karoo vertebrate assemblages (Late Triassic/Early Jurassic) of the Lake Kariba region, Zimbabwe

2017 ◽  
Author(s):  
Paul M Barrett ◽  
Tim Broderick ◽  
Kimberley Chapelle ◽  
Jonah Choiniere ◽  
Steve Edwards ◽  
...  
Keyword(s):  
South Africa ◽  
South African ◽  
Southern Africa ◽  
Lower Jurassic ◽  
Early Jurassic ◽  
Type Locality ◽  
Late Triassic ◽  
Lake Kariba ◽  
Aquatic Fauna ◽  
Mudstone Facies

Southern Africa provides critical information on Late Triassic–Early Jurassic terrestrial tetrapod faunas. Most of the localities in this region are in South Africa and Lesotho, but preliminary work in Zimbabwe has revealed significant potential. Early Jurassic Zimbabwean localities have yielded the basal sauropodomorph Massospondylus, the early sauropod Vulcanodon and theropod material. Late Triassic localities are also known, but have yielded only fragmentary specimens thus far. In early 2017, a joint South African-Zimbabwean-UK team conducted fieldwork in the upper Karoo-aged deposits along the shores of Lake Kariba, northern Zimbabwe (Mid-Zambesi Basin). We relocated the Vulcanodon type locality on Island 126/127 and found that, contrary to previous reports suggesting a Toarcian age, the quarry was in a horizon pre-dating the onset of Drakensburg volcanism (= Batoka Basalts). It is situated instead within the earlier Lower Jurassic Forest Sandstone. This indicates that Vulcanodon is 10–15 million years older than thought previously, recalibrating several nodes within Sauropoda and indicating extensive overlap between true sauropods and 'prosauropods'. Other new vertebrate localities show that sauropodomorphs are present in the Forest Sandstone and upper Tashinga (Late Triassic) formations, but a grey mudstone facies within the Pebbly Arkose Member of the latter unit yields a more aquatic fauna, including lungfish and phytosaurs, but lacking sauropodomorphs. The phytosaur occurrence is the first in Africa south of the Sahara. Faunal and sedimentological evidence indicates that the Late Triassic and Early Jurassic sites in this region were deposited under more mesic environments than their lateral equivalents in South Africa.

scholarly journals South African Presbyterian women in leadership in ministry (1973–2018)

2019 ◽  
Vol 75 (1) ◽  
Author(s):  
Graham A. Duncan
Keyword(s):  
South Africa ◽  
South African ◽  
20Th Century ◽  
Southern Africa ◽  
Women In Leadership ◽  
Primary Sources ◽  
Historical Overview ◽  
Presbyterian Church ◽  
General Acceptance ◽  
Ordination Of Women

The issue of women in the ministry has been a vexed one historically. In many denominations, the ordination of women has been represented by some form of struggle, which culminated in the first ordinations of women during the second half of the 20th century. This article investigates the process towards the ordination of women in two Southern African Presbyterian denominations – the Bantu Presbyterian Church of South Africa (renamed the ‘Reformed Presbyterian Church in Southern Africa’ in 1979) and the Presbyterian Church of South Africa (renamed the ‘Presbyterian Church of Southern Africa’ in 1958), prior to their union in 1999 to form the Uniting Presbyterian Church in Southern Africa. This article focusses on women in leadership in ministry, not exclusively on women ordained to the ministry of ruling or teaching elder (minister). It begins with an historical overview and proceeds to an investigation of developments in the two relevant denominations. The terms ‘leadership’ and ‘ministry’ are used separately and together and are considered to be synonymous. The article uses primary sources from the records of both denominations considered and suggests that the process was gradual and progressive as the worth of women in leadership was recognised following the general acceptance of the biblical and theological arguments.

Round table report: Advancing regional social integration, social protection, and the free movement of people in Southern Africa

2013 ◽  
Vol 3 (3) ◽  
pp. 141-145 ◽  
Author(s):  
Lorenzo Fioramonti
Keyword(s):  
South Africa ◽  
Social Policy ◽  
Social Integration ◽  
South African ◽  
Southern Africa ◽  
Social Protection ◽  
Round Table ◽  
Regional Governance ◽  
Free Movement ◽  
Director General

The round table on “Advancing regional social integration, social protection, and free movement of people in Southern Africa” was organized as part of the conference “Regional governance of migration and social policy: Comparing European and African regional integration policies and practices” held at the University of Pretoria (South Africa) on 18–20 April 2012, at which the articles in this special issue were first presented. The discussion was moderated by Prince Mashele of the South African Centre for Politics and Research and the participants included: Yitna Getachew, IOM Regional Representative for Southern Africa, Migration Dialogue for Southern Africa (MIDSA); Jonathan Crush, University of Cape Town and Balsillie School of International Affairs, Canada, representing the Southern Africa Migration Program (SAMP); Vic van Vuuren, Director of Southern African ILO; Vivienne Taylor, South Africa Planning Commission; Sergio Calle Norena, Deputy Regional Representative of UNHCR; Laurent De Boeck, Director, ACP Observatory on Migration, Brussels; Wiseman Magasela, Deputy Director General Social Policy, South African Department of Social Development; and Sanusha Naidu, Open Society Foundation for South Africa.

GERMAN ESPIONAGE AND BRITISH COUNTER-INTELLIGENCE IN SOUTH AFRICA AND MOZAMBIQUE, 1939–1944

2005 ◽  
Vol 48 (1) ◽  
pp. 209-230 ◽  
Author(s):  
KENT FEDOROWICH
Keyword(s):  
South Africa ◽  
South African ◽  
Southern Africa ◽  
Second World War ◽  
World War ◽  
Intelligence Gathering ◽  
Special Operations ◽  
Intelligence Operations ◽  
War Effort ◽  
Second World

For most of the Second World War, German and Italian agents were actively engaged in a variety of intelligence gathering exercises in southern Africa. The hub of this activity was Lourenço Marques, the colonial capital of Portuguese East Africa (Mozambique). One of the key tasks of Axis agents was to make links with Nazi sympathizers and the radical right in South Africa, promote dissent, and destabilize the imperial war effort in the dominion. Using British, American, and South African archival sources, this article outlines German espionage activities and British counter-intelligence operations orchestrated by MI5, MI6, and the Special Operations Executive between 1939 and 1944. The article, which is part of a larger study, examines three broad themes. First, it explores Pretoria's creation of a humble military intelligence apparatus in wartime South Africa. Secondly, it examines the establishment of several British liaison and intelligence-gathering agencies that operated in southern Africa for most of the war. Finally, it assesses the working relationship between the South African and British agencies, the tensions that arose, and the competing interests that emerged between the two allies as they sought to contain the Axis-inspired threat from within.

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