The Suspension and Setting Aside of Delinquency and Probation Orders under the Companies Act 71 of 2008

A significant innovation of the Companies Act 71 of 2008 is contained in section 162. This provision empowers a court to declare a director delinquent or under probation on various grounds. The effect of a delinquency order is that a person is disqualified from being a director of a company, while being placed under probation means that he or she may not serve as a director except to the extent permitted by the order. A delinquency order may be unconditional and subsist for the director's lifetime, or it may be conditional and be effective for seven years or longer, as determined by the court. A probation order generally subsists for a period not exceeding five years, and may be subject to such conditions as the court considers appropriate. The harsh effects of these orders are alleviated by section 162(11) of the Companies Act. Under this provision, a delinquent director may apply to court after three years have elapsed, to suspend the delinquency order and to substitute it with a probation order, with or without conditions. A person who was placed under a probation order may apply to court after two years for the probation order to be set aside. This article examines the procedure under section 162(11) of the Companies Act for the suspension and setting aside of delinquency and probation orders. The factors that a court must take into account in exercising its discretion whether or not to grant the application, as set out in section 162(12) of the Companies Act, are also examined. This article draws on relevant jurisprudence as decided on the equivalent provisions in the corporate legislation in the United Kingdom and Australia. The method of interpretation used in these jurisdictions provides useful guidance on how best to apply and interpret sections 162(11) and (12) of the Companies Act. Recommendations are made regarding the proper approach to interpreting, applying and enhancing sections 162(11) and (12) of the Companies Act. &nbsp

Labour market segmentation in South Africa

African Studies Seminar series. Paper presented 29 March, 1982.This paper questions the applicability of neoclassical theory to the South African labour market and it adopts an alternative approach, namely, segmented labour market theory. Segmented labour market (SLM) theory has emerged only recently as an alternative to neoclassical analysis of wage determination. Drawing on this approach it will be shown that a model of racial dualism provides a better explanatory framework and generates greater insight into the issues of poverty and discrimination confronting the South African labour market. Moreover, viewing the labour market within this analytical perspective sheds some light on the inadequacies and failure of recent state policy. The paper begins with an analysis of the structure of labour markets in particular, and the concepts of the internal labour market (ILM), the dual labour market (DLM), and labour market segmentation in general. This is followed by an analysis of labour markets in South Africa. Though lack of adequate data poses a problem in so far as testing of the theory is concerned, the broad tendencies within the South African labour market indicate that the DLM approach can provide a useful basis to analyse the problems of low pay and income distribution. Finally, useful policy implications flow from this analysis

An Analysis of Market Manipulation under the Securities Services Act 36 of 2004 (Part 1)’

This article analyses the regulation of market manipulation in South Africa under the Securities Services Act 36 of 2004. The rationale for regulating market manipulation is canvassed, as well as the regulation of market manipulation under the common law. In addition the trading practices prohibited by the Securities Services Act as well as the deemed prohibited trading practices are examined and analysed.Mercantile La

Removal of Directors of State-Owned Companies – SOS Support Public Broadcasting Coalition v South African Broadcasting Corporation SOC Limited (81056/14) [2017] ZAGPJHC 289

The case of SOS Support Public Broadcasting Coalition v South African Broadcasting Corporation SOC Limited (81056/14) [2017] ZAGPJHC 289 deals with the removal of directors of state-owned companies and the constitutionality and lawfulness of the powers exercised by the Minister of Communications in respect of directors of the SABC board. This note evaluates the judgment and its implications for state-owned companies.Mercantile La

The use of electronic discovery and cloudcomputing technology by lawyers in practice: Lessons from abroad

In the present electronically driven world, it is vitally important for lawyers to understand advancing or new technology and to have adequate computer literacy in order to best represent their clients. The so-called “e-information explosion” requires lawyers to request, produce and manage electronic documents in order to protect their clients’ interests and to obtain a strategic advantage over their opponents. Lawyers or legal practitioners should adapt to technological changes, develop an awareness of the unique challenges posed by the advances in technology, and embrace technology’s role in both their practices and the legal system. This article examines issues pertaining to electronic discovery and cloud-computing technology in civil practice in South Africa, the United States of America and the United Kingdom. The article also examines current electronic discovery (e-discovery) practices and the use of cloud-computing technology in the United States of America and the United Kingdom to ascertain whether useful lessons can be gleaned from these jurisdictions for possible incorporation into South African law. The study notes that, while South African law has taken great strides to address advancing technology, useful lessons from abroad can be adopted such as, inter alia, the need for greater preservation of electronic evidence; the use of a wider definition of the term ‘document’ to include all types of electronic information and future technological developments; the amendment of the rules to include the discovery of electronically stored information; the use of the proportionality principle in trials, and the incorporation of the cost-shifting regime. The article concludes that lawyers need to learn more about relevant law such as the ECT Act and POPI, and embrace advancing technology more enthusiastically, yet responsibly, in order to succeed in their new competitive and changing legal environments and to provide the best service for their clients

Design of a Multi-Staged Swirling Fluidized Bed

The topic dealt with in this Final Year Project is the "Design of a Multi-Staged Swirling Fluidized Bed". Fluidization is defined as an operation through which fine solids are transformed into a fluid like state through contact with either a gas or a liquid. Circulating fluidizf:d beds are used mostly in the Chemical process industry, Mineral processing, pharmaceutical production, energy related processes and catalysts also for drying. The aim of the project is to combine multi-staging with counter~flow operation in the novel Swirling Fluidized Bed. The research done entails deep theoretical encounters with acknowledged and published papers regarding the stated topic. Ergun's equation is the co-relationship between all the above parameters over the distance of a packed column. One main finding states that by modifying the fluidizing pattern, it is possible to improve fluidization quality and reduce elutriation simultaneously without the need of auxiliary equipment. The main design aspects were analysed by the author from various recent articles and theoretical understandings from hand books. Hydrodynamics of the novel swirling fluidized bed was studied as well as aspects from the annular spiral distributor. Most part of this project deals with the conceptual design of a multi-stage swirling fluidized bed. The prototype will have three stages. The heights of each stage decrease with each stage so as to cater for pressure drop and air flow resistance. The downcomer-outlet has a zero angle of declination; relying on centrifugal forces for particle flow thus it is mounted tangentially on the bed wall. The downcomer-inlet enters each stage extended as close to the cone as possible for longer processing time and to prevent damage to the distributor on impact. A multi-stage swirling fluidized bed model was designed in CATIA and will be fabricated and experimented in future

Fourth year medical students' perception of their scheduled clinical training activities

This study investigated fourth year medical students’ perceptions of their learning in the clinical skills programme (CSP) in the new undergraduate medical curriculum, viz. the Graduate Entry Medical Programme (GEMP) at the University of the Witwatersrand (Wits). Fourth year medical students, officially referred to as the GEMP II students, in this programme attend clinical training activities once a week in the Health Practice Day (HPD). Following on a 2006 evaluation of the HPD changes were made resulting in a weekly programme with three activities, the Shadowing Session (SS) which involves shadowing of an assigned doctor in the hospital, the Formal Session (FS) of patient clerking and the Clinical Skills Session (CSS) which offers practice in a simulated clinical skills unit (CSU). The broad aim of the study was to evaluate the quality of the HPD as reported by students. The main questions investigated in this study were student perceptions of their experiences of learning in the new CSP in the HPD, and whether these changes had an effect, and student performance in the study period for the 2006 and 2009 cohorts. In the case of the SS the study assessed the level of student participation in their assigned units’ activities, student perception of the role of their doctor and the range of clinical problems experienced in this session. The FS programme delivery was investigated for its provision of adequate opportunities for patient clerking and level of student engagement in learning following curricular reform in 2006. Finally, the CSS was investigated in its provision of adequate resources and facilities, and medical supervision to guide hand-on clinical practice. The study also compared the GEMP II student performance in an Objective Structured Clinical Examination (OSCE) for the study period (2006 and 2009). The design of this study was a student survey of two cohorts of GEMP II students’ registered in the Faculty of Health Sciences at Wits in the 2006 and the 2009 academic years respectively. The data collected in this study was mainly descriptive but also analytical. Stratified proportionate sampling by hospital was used to select two samples, i.e., 42 and 75 students for the 2006 and 2009 student cohorts respectively. The study instrument for the 2009 cohort was a self-administered student questionnaire comprising 22 items of mainly quantitative data. The instrument used to collect data pertaining to the FS for the 2006 student survey was also a student questionnaire; data pertaining to items of this questionnaire related to the questions under the stated objectives for the FS thus enabled comparison between for the 2006 and the 2009 cohorts. A total of 68 questionnaires were returned by the 2009 sample and 32 for the 2006 cohort corresponding with a 90.2% and a 69.6% response rate respectively. Participation in this study was strictly voluntary and anonymous. The OSCE performance for all students attending the GEMP II OSCE I for the 2006 and 2006 years were compared by using their final averages for this examination, accessed from the official published lists for this examination. The quantitative data was manually entered into a database created in the Epi Info ™ 7 programme, frequencies were computed and the data exported to the programme. Data were analysed mainly with Microsoft Excel 2007 and a small number with STATA 12.0 yielding graphic representations for ease of analysis. Data from the 2006 and 2009 studies were compared statistically. Qualitative data were thematically analysed. Validation of the data obtained from students was attempted in two ways: Firstly, the data from the GEMP II OSCEs for June 2006 and 2009 which tested skills learnt in two blocks corresponding with the study period were compared. This would enable changes perceived by students to be partly corroborated. Secondly, the findings of the student end-of-block evaluations for the Endocrine and Musculoskeletal blocks for 2006 and 2009 were considered for inclusion as this evaluation is administered as a student survey of the entire class and participation is anonymous and voluntary. However, the data for the end-of-block evaluations for the 2006 cohort were not available. Data for the corresponding period for the evaluation of the end-of-block evaluation of GEMP II students in the 2009 academic year were used to corroborate the student perceptions data from this study. The results relating to the SS confirmed students’ attendance in a spectrum of the rostered activities for their assigned units but inadequate in students experience for learning about team members. The majority of students, however, perceived their role to be of a passive nature, indicating their expectation of active participation in the shadowing of doctors; this potential for encouraging students’ active engagement with the opportunities in this session for enhancing their learning in this clinical context. The findings of the FS demonstrated improved student access for practice opportunities compared to their 2006 peers but still inadequate in its delivery; specifically the inadequate provision of suitable patients for clerking and reduced tutor availability for presentation of cases and discussion. Students’ perceptions of the ‘doctors’ role’ and the organization of these clinical activities had not changed significantly between 2006 and 2009. Despite these problems students’ self-ratings of their clinical skills were increased in comparison to previous findings. The findings of the CSS indicated adequate provision of equipment and facilities but insufficient time and with reduced opportunities for all students to obtain hands-on clinical practice, and reduced medical supervision, consequent on inadequate numbers of clinical tutors with large student tutor ratios. The OSCE performance for the 2009 cohort whilst of a very high standard was significantly reduced in comparison with their peers of 2006. The main reason for this seemingly anomalous observation is judged to be the inclusion in 2009 of a ‘global rating’ to complement scoring with standardised checklists for the hands-on stations, and in the variations in weighting for these two methods for the assigned skills stations. OSCE scores were therefore not a useful parameter for assessing the validity of comparative data about the FS in the 2006 and 2009 cohorts. The findings of this study whilst limited by its generalisability for other settings can be applied to GEMP I students in this programme and to the CSP in the undergraduate medical curricula at other universities using the structure of the activities in the HPD at Wits. Following on the study findings recommendations are made to improve students’ clerking opportunities by exploring innovative ways of increasing access to suitable patients; to enhance the performance of tutors by the introduction of formal courses for tutor training and orientation of especially new tutors and the selection of sufficient numbers of appropriate patients for students’ clinical practice, to institute dedicated tutor time for teaching, to increase the numbers of clinically skilled tutors and to explore the potential for peer tutoring to increase time for students to obtain hands-on clinical practice and improved medical supervision. Students need to be motivated to take an active role in their learning and to seek opportunities in interacting with patients in any free time left over in the hospital visit. Future studies of this programme would benefit from an all inclusive methodology including other sources of information available from the evaluations of the GEMP programme and other participant groups with a variety of instruments for data collection. Follow-up OSCE evaluations are regularly required for assessing the multiple interventions in this programme and in this format of examination. At Wits, the findings of this study will enable planning of further intervention and evaluation in the CSP

The Effectiveness of captive release conservation methods for Spotted Turtles (Clemmys Guttata)

The spotted turtle (Clemmys guttata) is categorized as protected and a species of special concern in New York State (Milam 2001). Understanding the habitat use, movement patterns, and life history characteristics of this species will be essential for any future efforts to provide the necessary habitat requirements for their successful recovery and management. Rochester Institute of Technology partnered with the Seneca Park Zoo and the New York Department of Environmental Conservation to investigate the release of captive-bred spotted turtles. The goal of this study was to determine the movements, habitat use, survivorship, and growth of the captive-bred spotted turtles in a natural environment. The release of suitable numbers of captivebred spotted turtles into a proper environment where their habitat and resource needs are met should lead to individual survival and the establishment of a sustainable population. During this study, the majority of turtles were lost due to three major causes, premature battery failure, death due to predation, and death due to starvation. The results showed that the longer an individual was part of the study the more weight they lost (p