Legal pluralism and progressive constitutionalism: An introduction to the South African challenge for post-national governace

The aim of this article is to contribute to the current academic debate on pluralistmechanisms of post-national governance as a particular type of ‘stateless law’. Moreprecisely, this article is conceived as an introduction to aid further research on the shape(and extent) that post-national governance may eventually assume (and reach) in SouthAfrica. Attention is, therefore, paid to legal pluralism as a key factor of pluralist settings ofpost-national government. An overview of the essence and features of post-nationalgovernance is provided, and a brief comparison is made between hard hierarchical andsoft-networked forms of governance. In pursuing the suggested roadmap, reference is madeto the current European landscape on post-national governance, which is ontologicallyinevitable in discussing the essence, structure, aims, challenges and limitations ofpost-national governance. Moreover, the necessity of adopting a comparative modusinvestigandi is due to the circumstance that although South Africa and the EuropeanUnion (EU) share important elements (e.g., legal pluralism, financial instability andfuture common challenges), South Africa has an extremely progressive constitution — aresult that the EU has been unable to achieve formally. Thus, while explaining whySouth Africa may represent fertile ground for such an architecture of governance, this articlediscusses why the South African Constitution may be a ‘value add’ that may help post-national governance avoid the difficulties thus far encountered on the Europeancontinent.

South African adolescents' beliefs about depression

PURPOSE: This study explores the depression literacy in adolescents in South Africa. METHOD: A semi-structured questionnaire was administered to 2,050 students from disadvantaged secondary schools in Johannesburg region. RESULT: A total of 90.9% reported depression as an illness, and 41.4% considered it a sign of weakness. Parents and siblings followed by friends and teachers were the preferred support options. The indicators of depression identified were socialisation pattern changes (24.6%), sad mood (23.6%), sleeping and eating pattern changes (18.3%), irritable behaviour (12.5%) and other health risk behaviours (9.7%). CONCLUSION: The majority considered depression an illness. An improvement in adolescent mental health literacy will increase access to help when needed.

The South African Doctrine of Notice: a comparative law perspective

The doctrine of notice was received into South African law in Cohen v Shires, Mchattie and King (1881-1884) 1 SAR TS 41 by reference to a 17th century Dutch decision and English equity.The reception of the polar star of equity has led to doctrinal problems and differing views as to requirements for the operation of the doctrine ever since. This is illustrated in the decision of the Supreme Court of Appeal in Meridian Bay Restaurant (Pty) Ltd v Mitchell 2011 (4) SA 1 (SCA). The Court mentioned fraud and equity as the doctrinal basis but also accepted the view that the doctrine is an anomaly which does not fit into the principles of either the law of delict or property law.The Court required actual notice (or dolus eventualis) and wrongfulness for the operation of the doctrine of notice. In the following discussion of the decision it is argued that for the operation of the doctrine it should be required that: (a) a prior personal right aimed at the acquisition of a real right existed; (b) a holder of a subsequent personal right was actually aware or foresaw the possibility of the existence of the prior personal right; and (c) the holder of the real right nonetheless infringed upon the prior personal right by concluding a subsequent contract and obtaining registration of the real right in the deeds office.

The placenta as a barrier for toxic and essential elements in paired maternal and cord blood samples of South African delivering women

Coordenação de Aperfeiçoamento de Pessoal de Nível Superior (CAPES)

Analysis of rain quality data from the South African interior

Rain acidity may be ascribed to emissions from power station stacks, as well as emissions from other industry, biomass burning, maritime influences, agricultural influences, etc. Rain quality data are available for 30 sites in the South African interior, some from as early as 1985 for up to 14 rainfall seasons, while others only have relatively short records. The article examines trends over time in the raw and volume weighted concentrations of the parameters measured, separately for each of the sites for which sufficient data are available. The main thrust, however, is to examine the inter-relationship structure between the concentrations within each rain event (unweighted data), separately for each site, and to examine whether these inter-relationships have changed over time. The rain events at individual sites can be characterized by approximately eight combinations of rainfall parameters (or rain composition signatures), and these are common to all sites. Some sites will have more events from one signature than another, but there appear to be no signatures unique to a single site. Analysis via factor and cluster analysis, with a correspondence analysis of the results, also aid interpretation of the patterns. This spatio-temporal analysis, performed by pooling all rain event data, irrespective of site or time period, results in nine combinations of rainfall parameters being sufficient to characterize the rain events. The sites and rainfall seasons show patterns in these combinations of parameters, with some combinations appearing more frequently during certain rainfall seasons. In particular, the presence of the combination of low acetate and formate with high magnesium appears to be increasing in the later rainfall seasons, as does this combination together with calcium, sodium, chloride, potassium and fluoride. As expected, sites close together exhibit similar signatures. Copyright © 2002 John Wiley & Sons, Ltd.

Wildlife Tuberculosis in South African Conservation Areas: Implications and Challenges

Tuberculosis, caused by Mycobacterium bovis, was first diagnosed in African buffalo in South Africa’s Kruger National Park in 1990. Over the past 15 years the disease has spread northwards leaving only the most northern buffalo herds unaffected. Evidence suggests that 10 other small and large mammalian species, including large predators, are spillover hosts. Wildlife tuberculosis has also been diagnosed in several adjacent private game reserves and in the Hluhluwe-iMfolozi Park, the third largest game reserve in South Africa. The tuberculosis epidemic has a number of implications, for which the full effect of some might only be seen in the long-term. Potential negative long-term effects on the population dynamics of certain social animal species and the direct threat for the survival of endangered species pose particular problems for wildlife conservationists. On the other hand, the risk of spillover infection to neighboring communal cattle raises concerns about human health at the wildlife–livestock–human interface, not only along the western boundary of Kruger National Park, but also with regards to the joint development of the Greater Limpopo Transfrontier Conservation Area with Zimbabwe and Mozambique. From an economic point of view, wildlife tuberculosis has resulted in national and international trade restrictions for affected species. The lack of diagnostic tools for most species and the absence of an effective vaccine make it currently impossible to contain and control this disease within an infected free-ranging ecosystem. Veterinary researchers and policy-makers have recognized the need to intensify research on this disease and the need to develop tools for control, initially targeting buffalo and lion.

Mycetophilidae (Diptera: Bibionomorpha) type specimens in the Iziko South African Museum, Cape Town

FAPESP [2008/52324-6]

Evolution of South African Bruniaceae: evidence from ecological and geographical investigations

The central aim of the present study was to analyse ecological and geographical mechanisms that led to the species diversity and distribution pattern of the South African (sub-) endemic Bruniaceae shown today. To answer the question if the endangerment of some species and the sometimes restricted distribution area is due to an incongruence of pollination and breeding system, pollinator observations and the breeding system were analysed. rnThe effectiveness of the plant-pollinator interactions should be reflected in the reproductive success wherefore fruit set analyses were carried out. The genetic constitution of distant and close-by populations along a spatial gradient should illuminate gene-flow or habitat isolation that could have led to the species diversity. Since niche-inhabitation could be shown in the present study, an overall biogeographical analysis illuminated the distribution pattern on family level and the geographical as well as ecological factors that led to species persistence. rnThe study illuminated that the plant-pollinator interactions and the breeding system are adaptations to the fynbos biome but can not be defined as factors that drove speciation or have tremendous influence on distribution of Bruniaceae. In fact the geography of South Africa with its fragmented landscape as well as close niche-inhabitation of co-occuring species is the reason for species diversity and the recent distribution.rn