372 research outputs found
Betting on Dog Racing. The Next Legalised Gambling Opportunity in South Africa? A Cautionary Note from the Regulation of Greyhound Racing in Great Britain
This article commences with a brief overview of the history of dog racing in South Africa. It provides a synopsis of South Africa’s current legal position on dog racing and the betting thereon. The main question this article addresses is whether there is any policy reason why dog racing and wagering should not be legalised and regulated. Furthermore, some comments are included discussing how such regulation should fit into the broader existing gambling regulatory framework should the legislature make the decision to legalise dog racing and wagering.
The article concludes with a discussion of the greyhound racing industry in Britain and the recent developments in that jurisdiction. The rationale for the choice of this jurisdiction as a comparison is that a successful greyhound racing industry has existed in Britain for decades. Yet, notwithstanding the successes of dog racing in Britain, an independent review was commissioned to investigate the sport after two high-profile animal welfare incidents in 2006. In December 2007, Lord Donoughue of Ashton, on behalf of the British Greyhound Racing Board and the National Greyhound Racing Club, published a report with recommendations for change titled, Independent Review of the Greyhound Industry in Great Britain. Although the Donoughue Report focuses exclusively on greyhound racing in Britain, this article submits that the principles used in Britain could be useful for any and all types of dog racing and could provide some useful guidelines for the decision concerning the possible legalisation and regulation of the South African dog racing industry
The integration of the TBVC Sun International Casinos into the South African regulatory system: The applicability of the Northern Province provincial legislation to Venda Sun and the legality of the Free State Province Zone I casino licence: (Bloemfontein area)
From text: In terms of the National Gambling Act 33 of 1996, the Northern and Free State provinces were respectively allocated three and four of the total 40 casino licences that could be awarded throughout the country. This Act regulates gambling issues relating to inter alia casino gaming regulation and provides for national gambling norms and standards to be followed by the provincial gambling licensing boards. No person may hold more than 16 casino licences in the country or more than two casino licences per province. Where a person however held more than two licences prior to 1994, the maximum number of casino licences allowed in such province is three. This last provision was aimed at, and only became applicable to Sun International (“SISA”) after 10 May 1999
S v Wasserman — Is dobbelverslawing ’n wesenlike en dwingende omstandigheid in terme van die Strafwysigingswet wat ’n geringer vonnis regverdig?
Uit teks: Hierdie aangeleentheid het voor die hof gedien as ’n appèl tot die oplê van die minimum vonnis van vyftien jaar direkte gevangenissetting aan ’n patologiese dobbelaar wat skuldig bevind is aan 64 aanklagte van diefstal van meer as R1,1 miljoen, waarvan ongeveer die helfte aan die slagoffers terugbetaal is
Liability for the Payment of Public School Fees
The author highlights some legal issues regarding the liability of parents and other individuals to pay public school fees in the light of recent judicial precedent, specifically Fish Hoek Primary School v GW 2009 JOL 24624 (SCA). The various possible legal bases for the liability for such fees are examined. In this regard the common law duty to maintain as amended by legislation; contractual liability; and the concepts of household necessaries, stipulatio alteri, negotiorum gestio and unjustified enrichment are considered
The role of public policy in the nonenforcement of foreign judgments arising from gambling debts in South African courts: A comparative overview
The aim of the article is to ascertain whether a foreign judgment, arising from a gambling debt in a foreign land-based casino, would be enforceable in South African courts in light of the partial legalisation of gambling within South Africa. The provisions of the Enforcement of Foreign Civil Judgments Act 32/1988 as well as the common law are discussed with specific reference to the possible “public policy”-exception preventing the enforcement of such foreign judgments. The reported judgment of C a s ino Hotel Polana Sarl v Tintinger 2003 JDR 0792 (T) is examined and evaluated in light of the National Gambling Act 7/2004. The existing foreign precedents in Malaysia, Switzerland, two states in the USA namely, California and New York, and Canada are referred to, to illustrate the divergent public policies in this regard as well as the varied interpretation of the concept of international comity. The outcome reached in the Malaysian courts is similar to South Africa and also based on reasons of public policy, although religion seems to have played a more important role in the Malaysian decision. The decisions in Switzerland, California, New York and Canada, however, came to a different conclusion based on a changed public policy and for reasons of comity, although it is concluded that it is uncertain whether other, more conservative states in the USA, will follow suit
The role of today\u27s high school counselor in working with students with special needs
This paper presents the rationale, history, and the legislation that has impacted school counselors\u27 work with special needs students. This paper discusses the many roles a school counselor plays in working with this population. These roles include, but are not limited to, personal counseling, group counseling, classroom guidance, consulting with teachers, consulting with families, career and postsecondary plans, and the involvement of the counselor in the evaluation process. Concluding statements from the author will revisit the many roles of the counselor and implications for working with this population in the future
Decomposition of canola stubble by solid-state fermentation with Cyathus olla
Le Cyathus olla est étudié pour sa valeur comme inoculant pour accélérer la décomposition du chaume de canola, et ainsi réduire, dans cette culture, la fréquence des maladies véhiculées par le chaume. Le chaume envahi par le C. olla devient mou et macéré, mais l'importance de la décomposition induite par ce champignon est inconnue. La composition de la fibre du chaume de cinq cultivars de canola a été déterminée par la méthode de caractérisation des fibres de Goering Van Soest. Du substrat stérile de canola (cv. Cyclone) a été inoculé avec le C. olla et incubé à 25 C durant 45 jours avant que les fibres ne soient analysées pour détecter des modifications dans leur composition. Tous les cultivars variaient quant à la composition de la paroi cellulaire. Après incubation, le substrat de canola inoculé avec le C. olla f. brodiensis avait conservé 60,6 % de la lignine de départ, par rapport à 65,9 % pour le substrat incubé avec le C. olla f. olla et 71,8 % avec le C. olla f. anglicus. Le contenu en hémicellulose a été réduit puisque seulement 75,3, 78,6, et 81,6 % du contenu d'origine en hémicellulose a persisté après incubation avec respectivement le C. olla f. brodiensis, le C. olla f. olla, et le C. olla f. anglicus. La cellulose a aussi été dégradée, et la fraction soluble avec un détergent neutre a augmenté. Le Cyathus olla a été capable de dégrader la lignine in vitro, mais des essais au champ doivent maintenant être entrepris pour évaluer son activité de décomposition en conditions naturelles.Cyathus olla is being studied for its potential as an inoculant to accelerate decomposition of canola stubble, and hence to reduce the incidence of stubble-borne diseases of this crop. Stubble infested by C. olla appears soft and macerated, but the extent of decomposition incited by this fungus is not known. Composition of stubble fiber of five canola cultivars was determined with the Goering Van Soest method of fiber determination. Sterile canola (cv. Cyclone) substrate was inoculated with C. olla and incubated at 25 C for 45 days, followed by fiber analyses to detect changes in the fiber content. All cultivars were variable with respect to cell wall composition. Canola substrate inoculated with C. olla f. brodiensis had 60.6% of the original lignin remaining after incubation, compared to 65.9% for the substrate incubated with C. olla f. olla and 71.8% with C. olla f. anglicus. Hemicellulose content was reduced as only 75.3, 78.6, and 81.6% of the original hemicellulose content remained after incubation with C. olla f. brodiensis, C. olla f. olla, and C. olla f. anglicus, respectively. Cellulose was also degraded, and the neutral detergent soluble fraction increased. Cyathus olla was capable of degrading lignin in vitro, but field testing must follow to assess its decomposing activity under natural conditions
Liability for the Payment of Public School Fees
The author highlights some legal issues regarding the liability of parents and other individuals to pay public school fees in the light of recent judicial precedent, specifically Fish Hoek Primary School v GW 2009 JOL 24624 (SCA). The various possible legal bases for the liability for such fees are examined. In this regard the common law duty to maintain as amended by legislation; contractual liability; and the concepts of household necessaries, stipulatio alteri, negotiorum gestio and unjustified enrichment are considered.  Â
In Search of the Perceived Quality and Impact of Accredited South African Law Journals: Exploring the Possibility of a Ranking System. A Baseline Study: 2009 - 2014
The DHET Research Output Policy (2015) indicates that there has been a change in the government’s approach to research funding. Previously all research published in any accredited journal was rewarded equally. A decision has been taken, however, that a shift will be made towards rewarding better quality and higher impact peer-review research. Additional mechanisms such as biometric/bibliometric data, including citations, assessments by discipline-specific panels of experts and/or post-publication reviews may be used to determine the quality and impact of publications. The policy notes that the DHET may distinguish between "high" and "low" impact journals after proper consultation.
This article highlights the need for consultation by the legal fraternity with the DHET about the implementation of these possible mechanisms in the light of the special considerations applicable to the evaluation of law journals: most journals publish mainly local legal content, there is a limited number of active legal academics, the nature of legal research is not empirical, and a premium is placed on the writing of books.
The research evaluates the available data between 2009 and 2014 in an attempt to assess if it would be appropriate to introduce a legal journal ranking system in South Africa. The article discusses direct and indirect forms of quality evaluation to inform possible ranking systems. This includes the data from the ASSAf expert panel evaluation of law journals in 2014 and other bibliometric data based on whether the journal is featured in international accredited lists, the size of its print-run, author prominence, rejection-rate, usage studies, and evaluations based on citations. An additional ranking system is considered, based on the five best outputs submitted to the National Research Foundation by applicants applying for rating.
The article concludes that a law journal ranking system would be inappropriate for South Africa. None of the systems meet the minimum requirements for a trustworthy ranking of South African law journals, as the data available are insufficient, non-verifiable and not based on objective quality-sensitive criteria. Consultation with the DHET is essential and urgent to avoid the implementation of inappropriate measures of quality and impact assessmen
 
Publish or Perish. Perceived Benefits versus Unintended Consequences
This contribution reviews the book by Imad A Moosa entitled Publish or Perish. Perceived Benefits versus Unintended Consequences published by Edward Elgar Publishing in 2018
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