Advantages and disadvantages of partial codification of directors’ duties in the South African Companies Act 71 of 2008

This article offers a critical examination of partial codification and its effect on the interpretation of the directors’ standard of conduct provision. Previously, the fiduciary duties and the duty of care and skill were regulated by the common law and case law. In May 2004, the Department of Trade and Industry released a policy document entitled South African company law for the 21st century: Guidelines for corporate law reform. The policy document acknowledged that South Africa had no extensive statutory dispensation that covered the duties of directors. The policy document recognised the need to bring South African company law in line with international trends and to reflect and accommodate the changing environment for businesses locally and internationally. For the first time in South Africa’s corporate law history, the Companies Act 71 of 2008 partially codifies the fiduciary duties of directors, the duty of care and skill, and introduces the business judgement rule (also referred to as the ‘safe-harbour provisions’) into South African company law. The Companies Act 71 of 2008 prescribes   certain duties and its  extent, but the content of those duties, such as bona fides, is still determined by the common law

Medical Malpractice and Compensation in South Africa

This article gives an overview of current medical malpractice law in South Africa. The following aspects are covered: The overall scheme for preventing and redressing medical errors and adverse events, including regulation, criminal and civil liability, and social and private insurance, and the relationships among these various systems; the details of the applicable liability and compensation systems, including criteria defining qualification for compensation, causation and loss of chance, liability for failure to obtain informed consent, as well as matters of proof and gathering of evidence. The authors note the difficulty they had in obtaining empirical data on medical errors and adverse events. Finally, certain attitudes and concerns about the liability and compensation systems are highlighted

Medical Malpractice and Compensation in South Africa

This article gives an overview of current medical malpractice law in South Africa. The following aspects are covered: The overall scheme for preventing and redressing medical errors and adverse events, including regulation, criminal and civil liability, and social and private insurance, and the relationships among these various systems; the details of the applicable liability and compensation systems, including criteria defining qualification for compensation, causation and loss of chance, liability for failure to obtain informed consent, as well as matters of proof and gathering of evidence. The authors note the difficulty they had in obtaining empirical data on medical errors and adverse events. Finally, certain attitudes and concerns about the liability and compensation systems are highlighted

Central oxygen pipeline failure

Anaesthetic and critical care staff play a governing role in the comprehension of a hospital’s oxygen delivery system and associated contingency plans for internal disaster management. Therefore, staff must be thoroughly prepared and properly trained to support an institution-wide emergency response in the event of central oxygen pipeline failure.Keywords: oxygen, pipeline, failure, anaesthesia, hospita

Investigating the effect of team grouping principles on project success : a case study

Time is money, an expression very often used these days. As we know, deadlines and budgets form a critical part of any project. It is for this reason that the researcher decided to investigate the effect that project team composition has on project success. The reality however is that project teams are formed randomly or by availability of personnel and not with due regard to individual competency and the efficiency of team roles. This often leads to project failure. The research aim was to identify and apply various methods used to compose an optimal project team. One of the factors that influences teamwork within the project team is the behaviour of team members. Dr. R. Meredith Belbin developed a Self Perception Inventory (SPI) which is a tool used to determine the preferred team role for every team member. This SPI was applied to the chosen sample and the outcome, which is a report of the individual's preferred team role, was compared to the actual role these individuals performed in one of their unsuccessful projects. The result of the study showed that when individuals are not applied within their preferred team roles it could have a negative effect on the chances for project success

House-dust mite species in Bloemfontein, South Africa

House-dust mites (HDMs) are an important source of allergens that are reputed to act as a trigger for atopic disease. Climatic conditions in parts of South Africa are not suitable for their proliferation, and there is doubt whether they occur on the Highveld. We studied whether HDMs occur in homes in Bloemfontein, Free State.Methods. Ten houses were sampled over a 1-year period. Dust was collected monthly or quarterly from a mattress, a bedroom floor and the living room floor of each house and examined for the presence of HDMs. Climate data were collected during the same period and a questionnaire was completed by home-owners to gather data on indoor factorsthat could influence mite proliferation.Results. HDMs were regularly found in 3 houses (30%). Dermatophagoides farinae was the dominant species (97.5%).The highest numbers were found in winter, when climatic conditions were the least favourable. Climatic conditions never met the requirements for active proliferation of the mites. Indoor factors that may have promoted mite proliferation in some houses were artificial heating (especially under-floor heating), en-suite bathrooms and lack of adequate ventilation during the winter months.Conclusion. HDMs do occur in central South Africa, owing to amicroclimate created indoors. Adequate ventilation, to reduceindoor humidity, should suffice to reduce mite numbers andprevent atopic symptoms induced by them

The Determination of 11B/10B and 87Sr/86Sr Isotope Ratios by Quadrupole-Based ICP-MS for the Fingerprinting of South African Wine

The 11B/10B and 87Sr/86Sr isotope ratios in wines and soils of four major South African wine-producing regions have been determined by quadrupole-based ICP-MSin order to establish a fingerprint for origin verification of the wines. The 11B/10B isotope ratio was found to be a useful tool to distinguish among the wines of the selected wine regions. In addition, the use of B isotope ratios together with elemental concentrations of selected indicator elements as independent variables in a linear discriminant analysis procedure was shown to be a highly successful method to classify wine according to geographical origin. A good correlation between the B and Sr isotope ratios in wine and its provenance soil was found. Both wine and soil samples were prepared using microwave-assisted digestion followed by the isolation of boron and strontium from the sample matrix through element-specific ion exchange. Isotope ratio measurements with good precision, ~0.1 % RSD, for both boron and strontium have been obtained. The 87Sr/86Sr ratio showed limited potential as an indicator of provenance in the wine-producing regions included in this study, since the wines of only one region could be distinguished from the others.Keywords: Boron Isotope Ratio, Strontium Isotope Ratio, ICP-MS, Wine Analysis, Fingerprinting, Provenance Determinatio

ICP-MS Measurement of 11B/10B Isotope Ratios in Grapevine Leaves and the Investigation of Possible Boron Isotope Fractionation in Grapevine Plants

The correlation between the 11B/10B ratio in grapevine leaves and that in the growth medium was establishedin a series of hydroponic experiments with grapevine cuttings for different cultivar/rootstocks combinations.The hydroponic growth medium was alternately spiked with boric acid containing B with natural isotopecomposition and B enriched in 10B, so as to vary the 11B/10B ratio. B isotope ratios in grapevine leaves weredetermined by quadrupole-based ICP-MS after digestion and complete matrix removal through microwavedigestion and isolation of matrix-free B species using ion exchange separation. It was found that the B isotoperatios in the leaves were not identical to those in the growth medium, but that a change in the ratio in the growthmedium induced a similar change in the leaves. For a particular cultivar/rootstock combination, a characteristicB isotope ratio was found that was different from the ratio in a group of plants with a different cultivar/rootstockcombination

The effect of estrogen and tamoxifen on hepatocyte proliferation in Vivo and in Vitro

We have previously shown that changes in estrogen‐hepatocyte interaction occur during liver regeneration. Following 70% hepatectomy, estrogen levels in the blood were elevated, the number of estrogen receptors in the liver was increased and there was an active translocation of estrogen receptors from the cytosol to the nucleus. The injection of tamoxifen, an estrogen antagonist, inhibits hepatocyte proliferation following partial hepatectomy. The administration of 1 μg tamoxifen per gm body weight at zero time or 6 hr after the operation resulted in a significant inhibition both of DNA synthesis and of the number of cells in mitosis. Injections of tamoxifen 12 hr or later after the operation had no effect. Concomitant injections of equimolar amounts of estrogen abolished the inhibition by tamoxifen. The effects of estrogen and tamoxifen were also tested on hepatocytes in primary culture. Estrogens in the presence of 5% normal rat serum stimulated hepatocyte DNA synthesis as determined by [3H]thymidine incorporation and the labeling index, whereas epidermal growth factor‐induced DNA synthesis in the absence of normal rat serum was strongly inhibited. Tamoxifen, in contrast, inhibited DNA synthesis of hepatocytes in the presence of 5% normal rat serum and reversed the stimulatory effect of estrogen in the same system. Attempts to elucidate the mechanism of tamoxifen inhibition in vitro indicated that one effect of tamoxifen is to prevent the amiloride‐sensitive Na+ influx necessary to initiate hepatocyte proliferation. Copyright © 1989 American Association for the Study of Liver Disease

Different response to epidermal growth factor of hepatocytes in cultures isolated from male or female rat liver. Inhibitor effect of estrogen on binding and mitogenic effect of epidermal growth factor

Deoxyribonucleic acid (DNA) synthesis in hepatocytes isolated from the livers of male and female rats has been compared in monolayer culture. Plating efficiency, DNA and protein content, viability, and morphologic appearance were the same in cultures prepared with hepatocytes isolated from male or female rats. Epidermal growth factor (EGF)-induced DNA synthesis was significantly higher in hepatocytes from male rats than in hepatocytes from female rats. This was the case whether hepatocytes were isolated from normal or partially hepatectomized male or female rats. Hepatocytes isolated from regenerating liver synthesize more DNA than those isolated from normal liver in response to EGF. This increased response to EGF in hepatocytes derived from regenerating liver was relatively the same for male- and female-derived hepatocytes, but the magnitude of the response was considerably higher in male-derived hepatocytes. In contrast, in vivo DNA synthesis in the liver remnant after partial hepatectomy was similar in male and female rats if measured 24 h after the operation. A comparison of EGF binding to male- and female-derived hepatocytes maintained in primary culture indicated a lower number of high-affinity receptors for EGF in the female hepatocytes. The addition of estrogen to primary cultures of hepatocytes isolated from male rats inhibited EGF binding as well as EGF-induced DNA synthesis. Our studies show significant differences in DNA synthesis in response to EGF when male and female hepatocytes are compared in primary culture. The regenerative response after partial hepatectomy, on the other hand, was the same in male and female rats. Thus, our studies indicate that the sex of the donor rat is important when hepatocytes in culture are used for a variety of studies, such as hepatocyte metabolism, induction and control of DNA synthesis, and hepatocarcinogenesis. In addition, our results indicate that caution is advised when inferences are made from in vitro findings for in vivo conditions. © 1987