Masters

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Open Access
20th-century serial thought and its development from performed to electronic music.
(1966) Mears, Guy Edgar Frank
Unable to copy abstract from PDF document
Open Access
30 day outcomes of 1000 consecutive laparoscopic cholecystectomies across four Cape Metropole hospitals in Cape Town
(2024) Kariem, Maahir; Kloppers, Jacobus
Background: Laparoscopic Cholecystectomy (LC) is the standard of care for symptomatic gallstone disease. It has a steep learning curve and can associated with significant post operative morbidity and mortality. LC carries a morbidity of 1.6 – 5.3%, mortality of 0.05 – 0.14% and readmission rates of 3.3% (0-11.7%). We aimed to evaluate the 30 day outcomes of LC across four metropole hospitals in the Western Cape (WC) including mortality, length of stay, readmissions and complications according to the Clavien-Dindo Classification system. Methods: A retrospective review of a prospective database was performed. The data collection was collected between September 2019 and July 2022. Relative clinical, operative findings and post operative outcomes were analysed. Results: There were 1000 consecutive LC included in this study. The mean post operative length of stay was 1.92 days. Fifty-one patients developed surgical complications of which the most common surgical complication was a bile leak (n = 14) and intra-abdominal collections (n=11). Seven patients with bile leaks required reintervention. Four (0.4%) bile duct injuries (BDI) were reported in our series. Twenty-five percent of post operative complications were graded Clavien-Dindo IIIa and 28% were graded Clavien-Dindo IIIb. The 30 day readmission rate was 3.8% (n=38). Thirty-five surgical complications were noted of which 22 (62.8%) required reintervention. There were three reported mortalities (0.3%). Conclusion: Laparoscopic Cholecystectomy is considered the standard of treatment for gallstone disease and has potential serious complications. Our outcomes reported in this series is similar to that of other studies.
Open Access
3D intrawall imaging using backprojection for synthetic aperture radar (SAR)
(2024) Dass, Reevelen; Paine, Stephen
The Council of Scientific and Industrial Research (CSIR) has evolving synthetic aperture radar (SAR) capabilities in the C-band and the L-band. Currently, these capabilities are used to generate aerial landscape images; however, to explore the feasibility of using this technology in different environments, an experimental SAR system has been developed. This is referred to as the wall scanner. The purpose of the wall scanner is to image the interior of a wall, revealing details of the substructures inside the wall such as conduits and piping. This is done by moving the antenna system across the wall surface to create SAR images using backprojection. The radar used two different types of antennas, a log periodic dipole array (LPDA) antenna and horn antenna. The horn antenna performed well in the experiments, producing images with minimal artefacts. On the contrary, the LPDA antenna did not perform as well in the experiments and as such the characteristics of the antenna were investigated. The investigation revealed that the antenna did not function throughout the frequency range specified by its manufacturer. This produced artefacts in the image; however, some of the effects of these artefacts were minimised by a series of preprocessing techniques. A variety of preprocessing techniques were used to improve image quality. In addition to compensating for the properties of the LPDA antenna, windowing and different methods of background subtraction were used. It was difficult to compensate for the antenna issues in preprocessing; however, windowing and background subtraction had a significant effect on the images that were produced. Two postprocessing techniques were used, gradient descent optimisation based on image contrast and polarimetry. The developed gradient descent optimiser was able to automatically adjust for the system group delay based on the contrast of the image. Polarimetry post-processing revealed that the horizontally transmitted horizontally received polarisation (HH) and vertically transmitted vertically received polarisation (VV) were effective in creating images in this environment; however, cross-polarisation in the form of horizontally transmitted vertically received polarisation (HV) was not effective. The wall scanning environment that was measured consisted of scanning both drywall and brick wall. This was split into three experiments. The experiments used different materials that were placed in front of a wall, behind the wall at a distance, and directly behind the wall. The wall scanner was able to successfully create images of the three different experiments for the drywall; however, the desired results for the brick wall were not achieved. For drywall, the substructures placed directly behind the wall were more difficult to see because they were masked by the wall and its sidelobes. The materials scanned were a copper pipe, a PVC pipe, a wooden beam, and a highly reflective calibration target. The calibration target and the copper target performed well in the three experiments. The wooden beam did not perform as well; especially when placed directly behind the wall; however, it was still visible in all experiments. The PVC performed the worst and was only faintly visible in the experiments and was not visible when placed directly behind the wall.
Open Access
A 'Foodshed' Moment for Planning: Investigating the Role of Food-Sensitive Planning in supporting Cape Town?s Resilience Strategy to strengthen Food Security, using the Philippi Horticultural Area as a case study
(2023) Zaloumis, Georgina; Katzschner, Tania
In recognition of the complexities and urgency brought about by increasing present and expected future intersectional crises, the CoCT developed and adopted its own Resilience Strategy. This strategy realises the fragility of urban food systems and the importance of achieving resilience to better support food security within Cape Town. Small-scale farms which make up the Philippi Horticultural Area (PHA) have been effective in retaining the production and accessibility of food which is resilient in the face of numerous shocks and stresses. It currently produces 50-70% of Cape Town's nutritionally dense and fresh food making it a vital component of Cape Town's foodshed. Additionally, it is also essential because it achieves multiple benefits across the Resilience Strategy due to its ecological, agricultural as well as socio-economic value to Cape Town. However, a proactive planning approach is needed as the PHA is under threat due to land-use pressures from mismanagement of land regulations, planning uncertainty and a lack adequate governance. Thus, there is a need to examine the role of food-sensitive planning in strengthening Cape Town's Resilience Strategy with achieving food security, using the PHA as a case study. This site provides an opportunity for planners to rethink how food-sensitive planning can be better integrated into the MSDF. The aim of the study is to investigate how the MSDF can better aligned with Cape Town's Resilience Strategy to mitigate threats to the PHA and enhance the resilience of local food production in Cape Town using food-sensitive planning. This aim will be achieved through desktop research, semistructured interviews, and field observations in the PHA. The results of this study indicate that foodsensitive planning is an innovative method to better harness and harmonise with the MSDF and Resilient Strategy to enable a more resilient food system in Cape Town. This is through the integration of bottom-up knowledge and top-down action to implement targeted interventions that value and protect food security assets such as the PHA. Nevertheless, going forward this research can contribute to studies around strengthening planning and governance of peri-urban agriculture areas in the global South to better support urban resilience and food security as well as broaden literature around food-sensitive planning.
Open Access
A brief excursus through the concept of the trust, dealing with its origins and history and generally traversing taxation of a trust and its implications for the taxpayer
(1995) De Mink, Jason; Emslie, T S
A 'trust' is defined in the Income Tax Act [1] at section one as 'any trust fund consisting of cash or other assets which are administered and controlled by a person acting in a fiduciary capacity, where such person is appointed under a deed of trust or by agreement or under the will of a deceased person'. This is a recent introduction to the Act, coming into affect in respect of years of assessment ending on or after 1 January 1993 and sums up reasonably regarding satisfactorily what the various authorities have said to date trusts. In Estate Kemp v McDonald's Trustee [2] judge Solomons referred to the fact that in a trust the 'legal dominium of property is vested in the trustee' but that they have 'no beneficial interest in it but are bound to hold and apply it for the purpose of some persons or for the accomplishment of same purpose' [3] In Thome & Molenaar NNO v Receiver of Revenue, Cape Town [4] a trust was described as being 'created by contract, very often by contract of donation . . . or by way of a will. It is created in respect of defined administer property transferred to a trustee, who is burdened with the obligation to the property for the benefit of a third person’ [5]. In the case of Goodricke and Son (Pty) Ltd v Registrar of Deeds. Natal [6] the court held that the concept of a valid trust revolved around the removal of dominium (ownership) from the beneficiaries and placing it in the hands of the trustees [7]. ' ... [A] trust exists when property is to be held or administered by one person on behalf of another, or for some purpose other than his own benefit' [8]. The court went on to say that the essential elements which made up a trust were 'segregation of the trust assets by the founder' and the 'creation of an obligation to administer otherwise than purely for oneself' [9].
Open Access
A Cambridge structural database search for entangled MOFS and the synthesis and analysis of the non-entangled counterparts of a set of entangled MOFs
(2024) Bambiso, Lungelo Tervin; Oliver, Clive L; Mogodi, Wilson M
Metal-organic frameworks (MOFs) have become a fast-growing field of research in the areas of synthetic chemistry, crystal engineering, materials science and supramolecular chemistry in recent years. The synthesis and characterization of novel MOFs have been of particular interest to researchers around the world due to their potential in several applications, such as gas sorption and separation, drug delivery and catalysis. The focus and pursuit in the early stages of MOF research was to design materials with as large pore volumes as possible, which lead to the phenomenon called entanglement. Entanglement in MOFs, of which interpenetration is a subtype, refers to when networks within the same crystal structure cannot be hypothetically separated from one another without breaking chemical bonds. This has a significant impact on the porous nature, structure, and functional applications of MOFs. Thus, initially entanglement was viewed as undesirable, however, it has since been recognized that entanglement could be advantageous, since these MOFs may be more stable. The primary objective of this work was (i) to data mine the Cambridge Structural Database (CSD) for entangled MOFs and (ii) to investigate the structural, thermal and sorption properties of a set of non-entangled MOFs with their previously published isoreticular and entangled counterparts. The first section of this thesis, the computer-based section, presents the MOFs (not discriminating between entangled and non-entangled MOFs) belonging to seven different families extracted (using the CSD version 5.37 - May 2016 update) according to the search criteria used by Moghadam and Fairen-Jimenez et al. In this thesis, these seven families were updated using the CSD version 5.43 - April 2021. These families formed the basis sets from which entangled MOF structures were searched using search criteria based on intermolecular, non-bonded contacts such as hydrogen bonding, π–π and C–H⋯π interactions. The average of the two success rate indicators, showed that the percentage of retrieved entangled MOF structures from the four MOF families that had entangled structures, ranged from 13.6 – 38.6%, 11.8 – 38% and 4.4 – 34%, respectively, for the three search criteria. The second section of this thesis, the experimental section, describes two novel non-entangled two-dimensional (2D), 2-periodic isoreticular fluorinated MOFs of formulae [Cu2(hfipbb)2(DMF)2]n·n(DMF)4 (1), [Cu(hfipbb)(DEF)]n·n(DEF)2 (2), where hfipbb = 4,4′-(hexafluoroisopropylidene)bis(benzoate), DMF = N,N′-dimethylformamide and, DEF = N,N′-diethylformamide. These structures are compared to their entangled, isoreticular counterparts published by Chatterjee et al. in terms of their syntheses, structures, thermal and sorption properties. The entangled structures had decomposition temperatures of 310 °C and 400 °C for the MOFs obtained from DMF and for DEF, respectively whilst the non-entangled MOFs had decomposition temperatures of 350 °C and 370°C for 1 and 2, respectively. The non-entangled MOFs had contact surface potential void space of 39% and 40.4% for 1 and 2, respectively, significantly higher than those of entangled MOFs with contact surface potential void spaces of 8.2% and 12.5% for the entangled MOFs obtained from DMF and DEF, respectively. Despite the lack of entanglement in 1 and 2, as compared to their entangled counterparts, their 195 K CO2 sorption isotherms also display inflection points and significantly increased sorption, as well as large extents of hysteresis, of 35% and 39% obtained for 1 and 2, respectively, whilst both entangled MOFs displayed extents of hysteresis of 44%. Interestingly, the activated phase of a third MOF, [Cu2(hfipbb)2(H2O)2]n (3), synthesized through DMF ligand exchange with water in 7 days, does not display an inflection point in its 195 K CO2 isotherm and subsequent increased sorption, despite also being non-entangled. This confirms that subtle differences in the desolvated phases can lead to marked differences in the sorption behaviour of isoreticular MOFs.
Open Access
A case study exploration of the therapeutic phenomena of projective identification, transference and countertransference: a brief therapy with a patient with psychotic anxiety
(1996) Abrahams, Deborah L; Miller, Sheila; Swartz, Sally
This dissertation reviews the concepts of projective identification, transference and countertransference from an Object Relations theoretical perspective. The developmental mother-infant relationship is explored as a model for understanding the therapist-patient interaction in both its normal and pathological forms. Projective identification is used to illuminate the workings of transference and countertransference. W.R. Bion's conception of the mother-therapist as 'Container' and infant-patient as 'Contained' is presented as pivotal to understanding that interaction. Failures in projective identification - and therefore in symbolic functioning - are explored, with particular focus given to psychotic and psychosomatic manifestations in patients. The relevance of transference and countertransference phenomena to brief psychotherapy is also considered. These concepts are then applied to a specific therapeutic case. The patient was seen as an in-and outpatient over a 5 month period 1-3 times per week. The patient's history and a brief formulation are presented, followed by a discussion of how the above-mentioned theoretical issues manifested in the therapy. The patient operated on the border between psychosis and neurosis and communicated in primitive pre-verbal and powerful symbolic ways. Case illustrations focus on the interplay between her psyche and soma, the impact of the hospital setting as well as particular transference and countertransference difficulties incurred.
Open Access
A case study of how a centre-based preschool programme for children who are blind/visually impaired supports early multilingual communication development
(2023) Kamedien, Layla; Kathard, H
Communication development is an essential part of a child's development – socially, academically, and vocationally. For children with visual impairment/blindness (VI/B), the literature indicates that opportunities supporting early communication development can benefit a child with VI/B. Speech-language therapists' (SLTs) core focus on communication is instrumental in supporting children to develop their communication. However, little is known about the practices which support the communication development of children with VI/B. The study therefore aimed to explore and describe how the centre-based preschool programme at the League of the Friends of the Blind (LOFOB) in Cape Town supported early multilingual communication development. A qualitative case study design was used to explore and describe the programme's knowledge, values, principles, skills, and practices. Semi-structured interviews were conducted with key stakeholders, along with classroom observations and document reviews of key government policies, principles and standards. Thematic analysis was used to analyse and interpret findings. During this process a key informant with VI was used to assist with the interpretation of the data. The findings are presented as a narrative and accompanying individual vignettes. The narrative explores the activities and opportunities available for multilingual communication support. While the individual vignettes describe the knowledge, values, principles and skills that inform the practices of the programme. Key themes that emerged from thematic analysis of the data include an inclusive approach to encourage multilingual engagements and support, a structured programme that focussed on capabilities, and a committed team offering support. The study argued that there is an opportunity for the SLT profession to rethink how communication is typically supported and shifting from a focus on pathology to communication supports that explore capabilities and inclusion.
Open Access
A CFD Model for a Fixed Bed Reactor for Fischer Tropsch Reaction using Ansys
(2023) Chitranshi, Vidushi; Moller, Klaus
Fischer-Tropsch (FT) is a process which can convert synthesis gas derived from natural gas, coal or even biomass to a variety of products including saturated and unsaturated hydrocarbon chains, while keeping the emission of greenhouse gases minimum. Among various types of reactors used for commercial FT, fixed bed tubular reactors are among the most common type of reactor. However, there is a big challenge faced by these tubular reactors. FT is a highly exothermic process and therefore, heat removal in these reactors is needed to be highly efficient to avoid a thermal runaway. To improve the heat transfer in any reactor, it is necessary to estimate the heat production correctly. Therefore, the kinetics in the FT system needs to correctly represent the heat transfer behaviour in the system. This requires an effective description of the reaction kinetics. FT is a polymerisation reaction, so the rate expressions must be able to retain the chain reaction behaviour. This is not possible with a lumped approach model which is used by most researchers in literature. Therefore, a partial equilibrium approach was employed, where thermodynamic and kinetic models were coupled, and the reaction rates depended on the concentration of reactants as well as products. The kinetic model employed in the current project was taken directly from the work of Davies and Moller. The abovementioned partial equilibrium kinetics was used to develop a CFD model for the FT reaction system. This model was reproduced using COCO simulator for a plug flow reactor for same operating conditions as Ansys to compare the results from both the softwares. The results showed a close agreement and hence, assured that the CFD model could be used for further testing. The other challenge with the FT in FBRs is the heat dissipation. To avoid the thermal runaway, some innovations in reactor design have been studied in literature. In terms of heat transfer capabilities, when shell and tube heat exchangers are compared with the plate and frame heat exchangers, various sources in literature claim that the latter is found to be more effective. However, plate type reactors have not yet been explored in detail for their heat transfer capabilities. Taking an idea from this, the CFD model developed for the tubular reactors was adapted for plate type reactors. The heat transfer capabilities of the plate type reactors were compared relative to the tubular reactors. The tube reactor and plate type reactor were compared on the basis of two criteria. One criterion was based on physical similarity between the reactors. It included having equal Reynolds Number and equal surface area available per unit volume for both type of reactors. For a plate with plate spacing t and a tube with diameter D, the latter condition resulted in the expression, D = 2t. The factors that Reynolds number for a packed bed depends on were all same for both the geometries, so by default, the Reynolds Number was identical for both cases. The other criterion was based on catalyst packing. It included having equal tube-to-particle diameter ratio for both geometries. For tube reactors, diameter is an important parameter that determines the heat dissipation behaviour, so a parametric study was carried out to study the effect of a diameter and plate spacing on heat transfer behaviour for the same set of operating conditions. It was found that the plate type reactor had a hotspot temperature which was less than the hotspot temperature of corresponding tube reactor at all plate spacings. This indicated that the heat dissipation in a plate type reactor is better than in the corresponding tube reactor. Since the tube reactors observed higher temperatures than corresponding plate reactors, the CO conversion observed in the tube reactors was higher. When the product distributions for the two geometries were compared at isothermal conditions, the results almost overlapped for the two geometries. But when they were compared for non- isothermal conditions, significant differences were observed. This showed that heat dissipation mechanisms in the system had a huge role in bringing out different performances for the two geometries. Effect of temperature and conversion on the product distribution were also studied. On the basis of tube to particle diameter ratio criterion, tube reactor was found to outperform the plate reactors in terms of temperature control when compared using the tube-to-particle diameter ratio. Therefore, the superiority of one reactor over the other was dependent on the criterion they are being compared for. The plate type reactor was then represented in PFR model by tuning the heat transfer coefficient of the tubular model in COCO. The difference between the CO conversions achieved between the plate type reactor in Ansys and the representative model in COCO was found to be very little. Hence, the plate type reactor representation could be successfully achieved in COCO. There can be a lot of further research that can be done using the current model. The areas of reaction kinetics and reactor design were highlighted in this regard. The current model can be extended to a larger number of species, for a better representation of the FT product spectrum. Formation of liquids was completely neglected in the current project. It can be taken into account as presence of liquid can affect the FT reactor system by imposing internal and external mass transfer limitations to the reactions. The current model can also be used to study the HTFT process and also to study the isomeric products in the LTFT which were assumed to be not present in the current project. In the areas of reactor design, the geometry of catalyst particles can be included in the reactor geometry. This model can also be used for plates of other shapes and sizes to study the effect of shape and size on heat transfer capabilities. Different types of corrugated plates are used in the Plate and Frame Heat exchangers nowadays. The corrugations increase the surface area available and also increase mixing. Using the current model, such modifications can be studied for their effect on the reactions in a reactive system.
Open Access
A compact neutron spectrometer for detecting neutrons produced by cosmic rays
(2023) Jarvie, Erin; Buffler, Andrew; Hutton Tanya
The high energy secondary neutron fields from cosmic radiation that are found in aviation and space environments have impacts on both biological and technological systems. A compact neutron spectrometer that is safe to operate in an aviation environment and suitable for detecting these secondary neutrons has been developed. The detector consisting of a (0.6×0.6×12.0 cm3 ) EJ-276 plastic scintillator coupled to a silicon photomultiplier (SiPM) has been designed, constructed and characterised with neutrons up to 62.5 MeV at the UCT n-lab, IRSN AMANDE and iThemba LABS fast neutron facilities. The compact detector displays good quality pulse shape discrimination for the separation of neutron and gamma ray events. Neutron energy spectra were obtained through time-of-flight (ToF) measurements and spectrum unfolding. The energy spectra obtained from ToF display energy resolution similar to that obtained by a BC-501A reference detector. A matrix of measured response functions for neutrons with energies between 11 MeV and 62 MeV at 3 MeV intervals selected by ToF has been constructed for the detector. The response functions have been used to successfully unfold neutron energy spectra across the entire range of energies.
Open Access
A company is a company because of other people: corporate social responsibility and the constitution
(2009) Cockburn, Alexandra; Cornell, Drucilla
The inability of governments worldwide to protect individuals from economic insecurity has led to a renewed interest and public expectation that corporations have public responsibilities in furthering the interests of the public or the public good. Corporate social responsibility is a serious and pressing concern for all members of the new South Africa. Recent reports of fraud and corruption in the corporate sphere, coupled with ongoing environmental disturbances and labour disputes, have exposed the dangerous and potentially disastrous effects which can be triggered by corporate abuse. Serious attention and reform in this sphere are critical to the preservation and promotion of a harmonious future. South Africa needs to develop a legislative framework tailored specifically towards the governance of corporate social responsibility in order to ensure that corporate disasters can be foreseen and prevented well in advance of their occurrence, an occurrence that will impact negatively on the well-being of the economy as a whole as well as on the rights of individual citizens. Corporate social responsibility is not only a social imperative but also a constitutional mandate. Since the implementation of the Final Constitution in 1996, the South African Legislature has had a duty to bring the corporate sphere in line with the foundational principles of our new constitutional democracy, in particular with the Bill of Rights. To date, there has been no evidence of law reform in this regard. The new Companies Act, which was promulgated this year but which is only destined to come into effect in 2010, purports to impose greater restrictions and sanctions on the actions of corporate officers. However, the effectiveness of the proposed mechanisms has never been tested and is by no means guaranteed. What is required in order to comply with the constitutional mandate- in place of the present framework of disjointed fragments of legislation which have no unified or valuable effect - is a detailed study of the scope, content and practical implementation of corporate social responsibility jurisprudence, uniquely tailored to the South African context. Corporations are vastly superior to humans in power, money, and resources. Without a clear reason for them to respect human beings, we will be at their mercy. We will have created monsters. Contemporary society is characterised, to a large extent, by commercial interchange and corporate supremacy. Companies control South Africa's markets and its economy. The vast majority of South Africans rely on these 'corporate giants,' directly or indirectly, for their livelihoods. In an era of corporate dominance it is the responsibility of all South Africans to ensure that sufficient controls and restraints are placed on companies in order to prevent them from perpetrating fraud or other forms of abuse in respect of the societies in which they operate. There is a wide variety of individuals whose entire futures fall to be ruined on account of reckless and irresponsible business practices. On one end of the spectrum are the company's direct participants- employees and creditors - who will suffer direct and extensive financial loss through any malpractice on the part of the company. On the other end of the spectrum are various members of society who also have an interest, albeit an indirect one, in companies observing good business codes. For instance, where a company is polluting the environment of a specific community, every member of that community has an interest in ensuring that this matter is addressed and remedied. In addition, there are the consumers, who also have a direct interest in ensuring that companies observe high standards of care in their production processes and do not expose consumers to unnecessary product risks. Finally, the interests of all South Africans lie in the promotion and protection of the human rights enshrined in the Bill of Rights. The costs of corporate disaster have been brought to light in recent years. In the United States in the late 1990's, the fall of Enron and associated corporate giants exposed the dire societal consequences resulting from corporate abuse: "Total corporate debt in the form of outstanding bonds and loans soared to $8 trillion after 1998 ... " Americans insisted that the corporate officers responsible for this debt " ... should be forced to part with their ill-gotten gains, which could then be used as reparation for employees who lost jobs and pensions because of the deception. " However, in reality, only a fraction of the losses were recovered and paid out to the affected parties. More recently, the subprime crisis and resultant credit crunch over the last year, beginning with the collapse of the Lehman Brothers in the latter part of 2008, have wrought economic ruin on large portions of the global society. The results have been devastating with many people losing jobs, pensions and livelihoods the world over. The underlying cause of this corporate catastrophe was irresponsible business practices, most notably the activity of trading in non-existent securities. It is important to note that these corporate catastrophes originated in the United States, one of the wealthiest countries in the world. The results have been felt in South Africa, but we have managed to escape total financial ruin. However, if a similar disaster were to occur in South Africa alone, a significantly poorer country with far less advanced social welfare guarantees and virtually no means of supporting the financial burden of more insolvent citizens, it is unlikely that our foundling economy would be able to recover. "Susan George, author of A Fate Worse than Debt unambiguously demonstrates the inequity of the situation when she argues that Tanzania, a country with a gross national product of 2.2 billion dollars, has to share this between 25 million people; whereas Goldman Sachs, an investment firm ranking in annual profits of 2.2 billion dollars, shares these among 161 partners. "That's the world we're living in now," she says." It is clearly necessary to put in place effective preventative protection mechanisms to avoid corporate abuse in advance. The term generally used to describe such mechanisms is 'corporate social responsibility:' ... an agreement between business firms (all productive cooperative enterprises) and society (individual members of a given society in the aggregate) ... [and] the reciprocal expectations of the parties to the contract who were both assumed to be interested in maximizing the benefits (e.g. specialization, stabilisation of output and distribution, liability resources, increased wages) and minimizing the drawbacks (pollution, depletion of natural resources, destruction of personal accountability, worker alienation) of productive organizations. In order to supply a foundation for the concept of corporate social responsibility that is rooted directly in South African culture, it is both useful and enlightening to have regard to the philosophy of group and community solidarity enshrined in the African value of 'Ubuntu.' The cardinal belief of Ubuntu is that a person can only be a person through other persons. "The important values of Ubuntu are group solidarity, conformity, compassion, respect, human dignity and collective unity." It is clear that Ubuntu played a central role in the drafting of the South African Constitution, particularly in protecting human rights such as dignity, equality and freedom. However, in order to live up to the mandate of our constitutional democracy, it is necessary to continue to allow the values inherent in the Ubuntu culture to inform our decision making and legislating. In particular, respect and support for the rest of one's community is fundamental to the sustainability of a peaceful and progressive South Africa. This value must inform every facet of South African life, including the corporate sphere. Companies must fulfil their role as members of the African community and, as such, must provide guarantees that they will work in the interests of the community at large and provide respect and support to all members of that community. This attitude is entirely different to the present corporate mindset, a mindset driven entirely by the objective of unimpeded profit-maximisation at the expense of all other interests. However, as shall be exposed in this dissertation, a purely money-driven corporate mindset is unsustainable and harmful to both South African citizens and the environment in which they live. One of the interesting aspects of the value of Ubuntu is the fact that it is not an objective value against which Africans measure their actions but is instead an intrinsic part of every African, "entrenched and pervasive in virtually all aspects of their lives on a daily basis." This is exactly what is required in the sphere of corporate social responsibility. The entire corporate attitude must be altered so that respect and responsibility towards the South African community is not simply an ideal which may be promoted wherever possible in corporate action but is rather an intrinsic, fundamental and overarching principle which informs every decision and action on the part of the company. It is only through the achievement of this attitude that South Africans will be able to rely on companies behaving in a compliant and responsible manner: strict adherence to the values enshrined in Ubuntu will prevent corporate disasters - financial, environmental or personal - from taking place at all. This is superior indeed to the alternative, which is to force companies to provide remedies and redress to affected persons only after the relevant corporate disasters have taken place. It is far better to develop a corporate ethos that will prevent and curb the advent of such disasters in advance. That companies should amend their attitudes and respect their role as mutually dependent members of the communities in which they operate is evidenced from the following quotation: No enterprise or corporation can survive without society. In fact business enterprises are a creation of society. Society is made up of what have been referred to as the 'stakeholders' of business. They include the community in which the corporation or business enterprise operates, its customers, employees and suppliers. Business and society are mutually dependent. In pursuit of wealth and profit maximisation, companies utilise human and other resources, and in so doing provide employment, investment, goods and services. Business therefore forms part of the fabric of society. The practical starting point for the development of a South African doctrine of corporate social responsibility is the stakeholder model of company law. The present corporate mindset is controlled by the interests of shareholders only and, consequently, is fundamentally driven by a hunger for ever-increasing profits. However, the King Report on Corporate Governance suggests that companies should be required to promote the interests of all stakeholders, not merely the controlling shareholders. Clearly, this is the first step in ensuring that employees and creditors are protected from abuse, and that environmental activists and similar bodies are given the consideration and respect due to them. Such a model complies with the Ubuntu conception of mutual support and promotion, and with the mandate imposed by the Constitution that all South Africans should work together in pursuing the shared objective of a better life for all. However, the stakeholder model of corporate law is by no means a blueprint for a South African doctrine of corporate social responsibility. It is merely a starting point. One of the problems which are not directly addressed by this model is the ominous threat of fraud perpetrated by company officers. The new Companies Act attempts to curb the opportunities for fraud by imposing an "almost-strict liability" sanction on company directors and managers who do not act in the best interests of the company at all times. If the stakeholder model of corporate governance is introduced then the 'interests of the company' will be the interests of all the stakeholders of the company. The Supreme Court of Appeal in the Shaik criminal trial of 2006 emphasised the widespread and devastating results which fraud and corruption can have on the sustainable development of this country, and called for the Legislature to introduce even more stringent and powerful restrictions against such action. It is therefore necessary to evaluate the current position and determine the most effective mechanisms for dealing with corruption in the corporate sphere. This is an essential component of the principle of' accountability' contained in the Preamble to the Constitution. Up until recently, corporate social responsibility has been identified only in negative terms. It encompasses the obligation to refrain from fraud and corruption; to refrain from devaluing and abusing the interests of stakeholders such as employees, consumers and the like; to refrain from polluting the environment, and so on. But does the concept of corporate social responsibility amount to something more than this? Do the Constitution and the underlying African principle of Ubuntu require companies to take positive steps in the promotion and improvement of South Africans in general? The concept of corporate social responsibility could indeed be interpreted to impose positive duties on companies. Examples of what such duties would entail are numerous. Legislation may require that companies donate a portion of their profits to charity, or that all corporate officers and employees participate in pro bono work programmes. The affirmative action policies that are in place in most companies at present are an ideal example of an attempt to impose some level of social responsibility on companies and to force them to take part in the necessary redressing of the wrongs committed by the Apartheid State. The degree to which positive obligations may effectively be imposed on companies without inhibiting profit-maximisation is an issue requiring much more consideration and will be explored in more detail in this dissertation.
Open Access
A comparative analysis of emigration taxes for migrating individuals
(2024) du Plessis, Adelle Charlene; Titus, Afton
Emigration taxes have become increasingly relevant in a globalized world, where individuals frequently seek new opportunities abroad. when an individual taxpayer opts to relocate to another jurisdiction, effectively relinquishing their South African tax residence, a fiscal event is triggered. This event assumes the form of a deemed disposal of their assets, except for those that fall within specific exclusions, valuated at their prevailing fair market value. Consequently, an exit tax liability ensues, tethered to the theoretical capital gain arising from this fictional disposition. It is imperative to note that the South African exit tax system mandates the immediate payment of this tax obligation. Worth highlighting is the notable exemption, as it stands currently, pertaining to an emigrant's interest in retirement funds. However, the fiscal landscape faced a proposed amendment in the year 2021 when the National Treasury, in its National Budget Speech, endeavoured to incorporate such retirement fund interests into the purview of exit taxation. This proposed inclusion encountered vehement opposition from tax professionals and media outlets alike. The Canadian system's operative provisions are similar to the South African provisions in that when a Canadian resident becomes a non-resident for tax purposes, they are deemed to have disposed of certain types of property at their fair market value. This deemed disposition can result in a capital gain, which is subject to taxation. However, there are provisions in place to provide relief for certain assets, such as a principal residence and certain pension plans, to mitigate the tax burden on emigrants. Notably, the Canadian system provides for a deferral of payment of the exit tax as triggered on the date of cessation of tax residence. This minor dissertation embarks on a thorough comparative examination of the emigration tax regimes in South Africa and Canada, aiming to elucidate critical aspects encompassing tax residence, system introduction, application, implications for emigrants, and the administrative processes involved in each jurisdiction. It will also seek to identify areas for possible double taxation that could occur due to the application of either respective system. The study commences with an explanation of the fundamental concepts and determinants of emigration taxes, offering a comprehensive definition along with an explanation of the various types of emigration taxes. Furthermore, it delves into the temporal aspects associated with these taxes and explains the mechanisms employed for their recuperation. In light of the aforementioned aspects, the study furnishes the overarching rationale that underlies the imposition of emigration taxes. The research continues to delve into the core components of the two systems of emigration tax implemented by the respective jurisdictions, examining and comparing the mechanisms of each. It also briefly investigates the possible application of the emigration tax to retirement savings and the possible reason for its inclusion or exclusion. Furthermore, the study explores the administrative processes and compliance requirements associated with emigration taxation in South Africa and Canada. It analyses the ease of understanding, reporting, and adhering to these tax regulations, considering the potential influence of administrative complexity on emigration decisions. This comparative analysis aims to highlight key similarities and differences inherent in the two systems that form the subject of this minor dissertation. Following the aforementioned research and analysis, this dissertation will endeavour to compare the systems and accordingly discern potential advantages intrinsic to the Canadian framework that may offer pragmatic applicability within the South African context and vice versa.
Open Access
A comparative review of German and South African environmental law with special reference to pollution control
(1991) Schulze, Ekkehard
In this, dissertation the principles, instruments · and remedies of German and South African environmental law are examined, as far as they are relevant for pollution control. The purpose is to investigate whether the two countries can learn from each other. In the beginning three principles are discussed which have been formative on German environmental law. The principle of prevention which aims at minimising pollution regardless of its actual hazard and the polluter-pays principle are considered important for an effective environmental law. In general the so-called principle of co-operation appears to have no specific effectivity. Administrative law is then examined. While control the two there procedures are similar in are substantial differences as far pollutioncountries, as judicial control of administrative acts is concerned. In Germany permits for emitters can be challenged by anybody living in the vicinity of a polluting installation; German 2 administrative courts may always reconsider the merits of an administrative .decision. In South Africa concerned citizens may not contest the licence to operate an installation, unless their real or personal rights are infringed; even in the latter case the normally not consider the merits a decision. courts may In Germany environmental impact assessments and public participation are obligatory in many cases. While in South Africa their implementation is left to the discretion of the Minister of Environment Affairs and other ministers involved. The main difference between German and South African criminal law is that the penalties, in particular fines, are far lighter in South Africa. Environmental protection by means of private-law remedies differs considerably in the two countries. The injunction is a primary remedy in Germany which requires the infringement of real or personal rights of the plaintiff. The interdict under South African law is a subsidiary remedy only available where an action for damages does not afford adequate protection; yet the interdict can be based upon the infringement of rights of personality. 3 Under the new UmweltHG (Environmental Liability Act) strict liability and a presumption of causality has been introduced in Germany for major installations and activities. In South Africa the burden of proving a causal relationship is always upon the plaintiff; strict liability has only been implemented for nuclear installations. In Germany various emission fees and tax concessions are in force or under consideration. In South Africa no financial incentives have been introduced to date to promote emission control. Lastly environmental protection by a means of a human right or legislative objective is examined. The intention is to insert the objective into the German constitution that the environment is to be protected. A similar idea of including a legal principle of environmental protection into the Environment Conservation Act has been abandoned in South Africa. It is suggested that pollution fees should be introduced on all levels in order to minimise pollution. Such fees have in principle proved to be effective Tax law should be supplemented by an improved civil, administrative and criminal law. 4 In the field of civil law strict liability and a relaxation advisable. of the burden of proving Public participation procedures causality is should become mandatory in licensing procedures. should be increased considerably. Criminal penalties In Germany it is advisable to introduce the possibility for an injunction if rights of personality are infringed since environmental degradation does not cause violation of real or personal rights.
Open Access
A comparative study of selected aspects of corporate liability of directors under Swiss and South African law
(2008) Mueller, Dominique Chantal; Rademeyer, Conrad
Corporate liability of directors is a current issue all over the world due to the financial failures of corporations in the United States and Europe in the past years. The current proceedings in Switzerland against former directors of Swissair, who are accused of having caused the grounding of the airline in October 2001, attracts not only the attention of the Swiss public but also the interest of the neighbouring countries. In this dissertation I will first point out the relevant principles of the Swiss corporate law dealing with liability of directors and then compare the legal situation in Switzerland with the legal situation in South Africa. As the analysis of the whole corporate liability issue would go beyond the scope of this dissertation I will focus on Article 754 of the Swiss Code of Obligations (organ liability) and compare it with the South African grounds of liability of directors for breach of their fiduciary duties and their duty of care and skill.
Open Access
A comparison between the European Court of Justice, the International Court of Justice and the International Tribunal of the Law of the Sea Convention with special emphasis on jurisdiction and enforcement
(1997) Blum, Jan Burkhard; Devine, D J
On May 9, 1950 Robert Schuman, the French Foreign Minister, announced his proposal to place the whole French and German steel production under a common High Authority which allowed other European countries the opportunity to participate. In his proposal he took care to provide for the establishment of a court of justice subjecting the new authority to judicial control. One year later, in April, 1951 the European Coal and Steel Treaty (ECSC) was signed in Paris creating the Court of Justice, which was intended to ensure that the new community was governed by democratic principles and the rule of law. Following this, the ratification debates took place in the parliaments of the six countries.
Open Access
A comparison of attitudes around collaboration held by traditional healers and professional nurses in the Western Cape
(2024) Tyhala, Brenda; Kaliski, Sean; Mgweba-Bewana, Lihle
Background Many mental health care system users consult traditional healers while also seeking biomedical forms of healing. Despite this, there is no formalized working relationship between these two systems, which operate in parallel and independently. The government has taken considerable steps towards facilitating collaboration; however, this has not yielded the desired outcome, because of educational gaps, lack of appreciation, recognition, mutual respect, and mistrust between the two systems. Building a trusting relationship and learning from each other should be prioritized. Aim This study aimed to survey the attitudes of Xhosa-speaking professional nurses and Xhosa-speaking traditional healers, on the treatment of mentally ill people, to assess whether their respective professions could cooperate with regards to the diagnosis and treatment of mentally ill individuals, and to determine the feasibility of future collaboration towards comprehensive mental health care services. Method Thirty Xhosa-speaking professional nurses and 30 Xhosa-speaking traditional healers completed a structured questionnaire. The questionnaire covered practice details, attitudes, perception of the other profession, diagnosis and management of mental illness. Results There was recognition of the one profession by the other and willingness to collaborate for the benefit of the patient by both, professional nurses and traditional healers. There is still an element of mistrust, gaps in knowledge and a superiority complex from both systems. Conclusion There is room for collaboration between traditional healers and biomedical practitioners. Efforts to afford opportunities for both systems to interact and learn from each other need to be supported and prioritized by the government and both professions.
Open Access
A Comparison of Gas Exchange Models in the Estimation of CO2 Fluxes in the South Atlantic South of Africa for the Summer Season of 2008/2009
(2014) Rainier, stephanie Megan; Monteiro, Pedro; Waldron, Howard
There is a problem in the determination of air-sea CO2 fluxes because of the number of different relationships used in calculating gas transfer velocities. There is also a problem with the CO2 sink in the Southern Ocean being greatly underestimated. Data were collected underway using an autonomous pCO2 system during three separate relief cruises over the course of austral spring 2008 to austral autumn 2009 onboard the RV SA Agulhas in the South Atlantic Ocean. The wind speed product was extracted from QuikSCAT. Using the data we investigated the sensitivity of the five gas transfer velocity parameterisations to the uncertainty in the wind speed product of 2m.s-1. We found that the Stagnant Film Model was unresponsive. Liss and Merlivat's (1986) linear model for three wind regimes showed a gradual increase in sensitivity with wind speed. The quadratic relationship developed by Nightingale et al., (2000) also showed a steady increase in sensitivity with an increase in wind speed. Wanninkhof's (1992) quadratic relationship showed the greatest response at low wind speeds and then a continuing increase in response through medium to high wind regimes. The cubic relationship from Wanninkhof and McGillis (1999) showed the smallest response at low wind speeds but had the greatest response to the uncertainty in the wind speed product in medium and high wind regimes. We also calculated regional and seasonal averages of the CO2 flux with the five gas transfer velocities based on the different relationships between gas transfer velocity and wind speed. We found that there was a CO2 flux into the ocean ranging from 4mmol.m-2.day-1 to 12mmol.m-2.day-1 between 33.5 and 68°S, except during autumn between 45-50°S where there is a flux out of the ocean of 2mmol.m2 .day-1. Between 68-70°S the flux into the ocean strengthens to between 28mmol.m2 .day-1 and 52mmol.m-2.day-1. Gas transfer velocity is not dependant on wind speed alone, but currently it is the only variable that it measureable on a global scale. Further investigations are in place to measure gas transfer velocity in situ. The Southern Ocean is greatly undersampled spatially and temporally which leads to a lack of understanding 13 about possibly one of the most important CO2 sinks. New methods are being taken on to increase the sampling resolution.
Open Access
A comparison of the pacing profiles adopted by male runners in the Comrades Marathon up run
(2024) Manchip, Genine; Bosch, Andrew
Introduction Ultramarathon running is gaining popularity worldwide. Due to the difficulty in completing an ultramarathon, knowledge of the most effective pacing to adopt in an ultramarathon race would be invaluable to coaches and runners, as well as of academic interest, since this information is already well established for the standard marathon. The Comrades Marathon is a globally recognised ultramarathon that takes place in South African annually. Its history and difficult undulating route attracts runners of all abilities, from around the world. Adopting the most effective pacing strategy to complete the Comrades Marathon would optimise the performance of a runner and thereby lead to each being more likely to achieve their specific goal. Aims and Objectives The aim of this study was to analyse the race results of three years of the Comrades Marathon “up” runs, namely 2015, 2017 and 2019 and to compare the pacing profiles of the fastest through to the slowest male runners in the field. The objectives of this study were 1.) To analyse the race results of the Comrades Marathon “up” run to identify the pacing profiles adopted by the fastest male runners, through to the slower runners; 2.) To compare the pacing profile of the top 10 male runners in each year, relative to their most recent standard marathon pace. Methods The study utilised a retrospective design. The study sample included the Comrades Marathon race results over three years of consecutive “up” runs. Only male runners, irrespective of age, were included in the study. If runners featured in more than one race, only their fastest finish time was included in the sample for statistical analysis. Runners were excluded from the study if there were split (intermediate) times missing or if their data was incomplete in some way. In the second part of the study, runners in the top 10 were excluded if their most recent standard marathon time could not be established. Results A total of 22 199 male runners were included for data analysis. The data was divided into quartiles, based on finishing time. This resulted in four groups, separated by 1.67-hour intervals. The first group contained the smallest number of participants (n=503) which was only 2.3% of the field and the last quartile (group) contained the most runners at 50.3% of the field (n= 11181). There was a significant difference between groups one, two, and four in the pacing profile when speed through the race segments was normalised to the speed at which the first segment was run. This was also the case when speed through each segment was normalised to mean race pace (of the entire race). All four groups showed a parabolic pacing profile; specifically a reverse “J“-shaped, when race pace was normalised to both mean race speed and to speed of the first segment. Analysis of the elite runners (top 10) for each year, showed that these runners started at an average of 88% of their marathon pace and averaged 80-90% of their marathon pace throughout the race. The elite runners showed a positive pacing profile with moderate effect. Conclusion This study showed that there is no significant difference between the pacing profiles of the faster male runners versus slower male runners. Runners adopted a reverse “J”-shaped pacing profile when their pace at different points in the race was compared relative to their mean race pace, or when each segment was compared to the pace in the first segment of the race. This finding is similar to previous studies that found that the most efficient pacing profile in recreational ultramarathon and marathon runners is a parabolic shaped profile. The elite runners' Comrades Marathon started the race at an average of 88% of their marathon pace and maintained an average pace of 80-90% of their standard marathon pace, throughout the race.
Open Access
A Complementary Architecture: Enhancing the experience of Maynardville Park through a responsive architecture
(2024) Shepherd, Matthew; Papanicolaou, Stella
This dissertation aims to preserve and enhance the existing narratives of Maynardville Park. The chosen site exhibits a long-established history of diverse social and cultural intricacies that all deserve careful consideration. The site presents a variety of layers within and around the park, outlining the scope of this inquiry to address the internal happenings and surrounding edges. The objective of this dissertation is to produce a type of responsive architecture that synergises with this particular context. The architectural intervention boarders the park and its urban edge and bridges these two conditions to create a more interactive space. Presenting itself with a variety of both significances and shortcomings, Maynardville Park guides the trains of thought for the theoretical, technological, and architectural positions. The proposed architectural response is meticulously tailored to the specific attributes of Maynardville Park, ensuring its relevance and timelessness. Responsive architecture, by its nature, necessitates a degree of flexibility and user agency, qualities that this design inquiry thoughtfully incorporates into its programming. It collages the various narratives to create a sense of harmony among them. In response to the physical characteristics of Maynardville, the architectural scheme develops a comprehensive urban and architectural strategy that forges multiple responsive edge conditions, designed to attract people to the site. The scheme creates a precedent for future development that addresses its context and initiates positive change for the site.
Open Access
A Conceptualization of remote Auditing framework
(2024) Dlamini, Zenani; Singh-Sewpersadh, Navitha
Auditing was an activity that was typically performed from the audit client's premises or the auditor's offices. If the audit client had significant components in other countries, the lead auditor would appoint a component auditor within that country to perform the audit work to support the group engagement team's audit opinion. Globalization and the COVID-19 pandemic changed the audit environment leading to the environment becoming more digitized. The pandemic enforced a work-from-home strategy; thus, audit fieldwork had to be performed remotely. Studies around the remote auditing model suggested that it would lead to lower audit quality and professional skepticism due to the lack of physical presence. Furthermore, previous research on the remote auditing model was performed from the perspective of component auditors, internal auditors, or information technology (IT) auditors. This study aimed to explain the structure and positioning of the remote audit environment in the traditional audit framework. To date, no academic study has explored the structure of the remote audit environment and its position in the context of the traditional audit framework. Using the SCP paradigm and the Unified Services Theory, this study filled an important research gap in the auditing literature. It was used as a base to understand the remote audit environment. This qualitative study collected data using semi-structured interviews to answer the research questions. The findings from this study found that the remote auditing model was a preexisting model which could have been implemented before the COVID-19 pandemic; however, there was no demand for it. The pandemic's impact and technological changes exacerbated the need for a remote audit environment. The results also indicated that remote audit firms operated as a support structure to traditional audit firms. However, they offered a level of competition from a South African perspective. Furthermore, in assessing the audit quality measures in the remote audit environment, it was noted that they were no different from those of traditional audit firms. Finally, the results indicated the presence of some limitations to the remote audit environment. Keywords: remote audit, audit quality, technology, consequence management, global business services, COVID-19

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