Private law perspective on unworthiness to inherit – the effect of family murders

Suid-Afrika is onlangs deur 'n vloedgolf gesinsmoorde getref. Teen die agtergrond van hoë misdaadsyfers word die uitwerking van so 'n wandaad uit 'n privaatregtelike oogpunt ondersoek. 'n Moord het sekere strafregtelike gevolge, maar dit werk outomaties ook in op die erfregtelike sfeer van die privaatreg deurdat die vermoënsgoedere van die vermoorde ingevolge die erfreg onder erfgename verdeel word. Die onwaardigheidsbeginsel bekend as die "bloedige hand" wat 'n wandader verhoed om te erf, en die oorhoofse gemeenregtelike onwaardigheidsbeginsel wat behels dat geeneen voordeel mag trek uit sy eie onregmatige optrede nie, word bespreek met verwysing na die grondslag van hierdie beginsels. Die volgende relevante aangeleenthede word toegelig: die impak wat moord, naas die kriminaliteit daarvan, op die erfreg en boedelberedderingsproses het; gesinsmoorde en die uitwerking van opsetsmisdade deur een gesinslid op 'n ander; die aanwending van die "bloedige hand"-beginsel in gevalle waar die wandader op onderhoud of die betaling van regskostes uit die boedel van sy slagoffer aanspraak maak; die interaksie tussen strafsake (weens moord) en siviele gedinge (weens onregmatige bevoordeling) en die wanverhouding tussen die graad van straftoemeting en sivielregtelike gevolge; die uitwerking van regverdigings- en skulduitsluitingsgronde op die waardigheid al dan nie om te erf en ander finansiële voordele te neem; enkele ander relevante aspekte by doodsveroorsaking en onwaardigheid, soos representasie en volgorde van dood; en die praktiese toepassing van die onwaardigheidsbeginsel deur die eksekuteur en die meester tydens die beredderingsproses van die slagoffer en sy nabyverwante se boedels. Vervolgens word die vraag gevra of daar voldoende kennis geneem word van die onwaardigheid van die misdadigers om bevoordeel te word, ook waar daar 'n tydsverloop tussen die pleeg van die misdaad, die identifisering van die moordenaar en die dood van nabyverwante is. Ten slotte word aanbeveel dat statutêre formulering van die gemeenregtelike beginsels tot die effektiewe toepassing daarvan kan bydra.Crime in South Africa is rife and, as reported daily in newspapers and magazines, murder is one of those serious crimes that has reached unprecedented levels. What is even more disconcerting is that South Africa has recently been struck by a tidal wave of family slayings. Crimes within families are attributed to social ills such as a violent society, adverse economic conditions, substance dependency and drug abuse. Negative social trends such as family violence and murder that affect the family accordingly have a definite impact on the law of succession. This article focuses on the consequences of family slayings from a criminal as well as a private law perspective, with specific emphasis on the law of succession and the principle of unworthiness to inherit from a victim or to take any other benefit from the estate or even from outside the estate of a deceased person. The general principle of unworthiness has its roots in common law. A person who unlawfully and intentionally or in certain circumstances negligently kills someone cannot inherit from the victim's estate. This incapability can be arrived at in two ways: first, in terms of the general principle of unworthiness that no person may be enriched by his or her own unlawful conduct, or benefit from conduct that is punishable; secondly, in terms of the specific unworthiness also known as the "bloody hand" principle ("de bloedige hand en neemt geen erffenis") which finds application in the law of succession. According to the latter principle a person who wrongfully caused the death of a deceased is precluded from inheriting or taking any benefit from the estate of the deceased or a close family member (conjunctissimi) of the deceased.http://www.litnet.co.za/cgi-bin/giga.cgi?cmd=cause_dir_news&cat=201&cause_id=1270am201

Miscellaneous problems relating to the existence and validity of a will at the death of the testator

Executing a will is an important step in estate planning. A will gives the testator the opportunity to bequeath his assets and to indicate how he wants his estate to be distributed after his death. Not only is the proper execution of a will important but it should be updated regularly and carefully to provide for changed circumstances. The will must accordingly be readily available for the testator to amend or revoke. The availability of the will after the testator's death is crucial in order for the administration process to commence. Although an easily accessible will can lead to problems surrounding the authenticity of the will, it can contribute to the prompt administration of the estate as it must be submitted to the master in terms of the Administration of Estates Act. In this article numerous problems relating to the existence, availability and recovery of a will at the death of the testator are discussed. Interrelated issues such as forgery, lost wills, missing wills, concealment of wills and revocation by destruction of a will are discussed with reference to case law and other examples. Questions as to the proper custody of the will, before and after the death of the testator, resolving disputes amongst next-of-kin, and the onus of proof, are discussed. Cases, that in fact dealt with common law lost wills, but where section 2(3) condonation applications were incorrectly brought, are discussed. Possible resolutions for the miscellaneous problems with wills are explored and recommendations made to solve potential problems.http://www.dejure.up.ac.za/am2014ai201

Is the Muslim marriage now a recognised marriage?

Muslim marriages are not recognised in South African civil law, as they are potentially polygamous. In the recent Western Cape High Court decision of Faro v Bingham the position of Muslim spouses in Islamic marriages and the consequences thereof again came to the fore. The non-recognition of Muslim marriages has resulted in hardships for Muslim spouses in areas of marriage, devolvement of marriage by divorce or death, maintenance rights and inheritance law. In comparing the South African law with Muslim personal law there are found to be fundamental differences between the two systems with regard to the rights granted to civil law spouses in marriage and divorce. Muslim spouses are often the innocent victims of the social and psychological effects of polygamy. While a secular court grants a civil divorce the Islamic law of divorce is practically administered by Islamic organisations such as the Muslim Judicial Council. The draft Muslim Marriages Bill (2010) was published for commentary in January 2011. The Bill constitutes an attempt to reconcile the classical Islamic law with the constitutional values. Since its publication nothing has been done to speed up the process, due to constitutional and religious turmoil between women's rights activists and traditionalists. While it is uncertain if, and when, the bill will be accepted, the judiciary (secular courts) has increasingly recognised some of the legal consequences of Muslim marriages on a case-by-case basis. However, the Muslim marriage has not been formally accepted by the courts as a valid union in terms of the Marriage Act 25 of 1961. In the Faro case an action was brought against the executrix of the deceased's estate by the surviving spouse to enable her to inherit intestate from the deceased and to claim maintenance from the deceased's estate. The pertinent question was whether she was still married to the deceased or if he had divorced her through presenting the talaq. The court was asked, inter alia, to regard marriages solemnised according to tenets of Islamic law to be valid marriages in terms of the Marriages Act. The position and role of the Muslim Judicial Council and the Master were questioned when dealing with factual disputes. The court granted her relief on her status as a widow, but postponed certain prayers giving the legislator another opportunity to promulgate legislation regarding Muslim marriages. The court set a deadline to the legislator to urgently report back on the enactment of the draft Muslim Marriages Bill.http://reference.sabinet.co.za/sa_epublication/litnet?http://www.litnet.co.za/Category/akademies/litnet-akademiesam201

Miscellaneous problems relating to the existence and validity of a will at the death of the testator (part 2)

Executing a will is an important step in estate planning. A will gives the testator the opportunity to bequeath his assets and to indicate how he wants his estate to be distributed after his death. Not only is the proper execution of a will important but it should be updated regularly and carefully to provide for changed circumstances. The will must accordingly be readily available for the testator to amend or revoke. The availability of the will after the testator’s death is crucial in order for the administration process to commence. Although an easy accessible will can lead to problems surrounding the authenticity of the will, it can contribute to the prompt administration of the estate as it must be submitted to the master in terms of the Administration of Estates Act. In this article numerous problems relating to the existence, availability and recovery of a will at the death of the testator are discussed. Interrelated issues such as forgery, lost wills, missing wills, concealment of wills and revocation by destruction of a will are discussed with reference to case law and other examples. Questions as to the proper custody of the will, before and after the death of the testator, resolving disputes amongst next-of-kin, and the onus of proof, are discussed. Cases that in fact dealt with common law lost wills, but where section 2(3) condonation applications were incorrectly brought, are discussed. Possible resolutions for the miscellaneous problems with wills are explored and recommendations made to solve potential problems.http://www.dejure.up.ac.za/am201

Comparison of test performance of two commonly used multiplex assays to measure micronutrient and inflammatory markers in serum:results from a survey among pregnant women in South Africa

The combined sandwich-ELISA (s-ELISA; VitMin Lab, Germany) and the Quansys Q-Plex™ Human Micronutrient Array (7-Plex) are multiplex serum assays that are used to assess population micronutrient status in low-income countries. We aimed to compare the agreement of five analytes, α-1-acid glycoprotein (AGP), C-reactive protein (CRP), ferritin, retinol-binding protein 4 (RBP4) and soluble transferrin receptor (sTfR) as measured by the 7-Plex and the s-ELISA. Serum samples were collected between March 2016 and December 2017. Pregnant women (n 249) were recruited at primary healthcare clinics in Johannesburg, and serum samples were collected between March 2016 and December 2017. Agreement between continuous measurements was assessed by Bland–Altman plots and concordance measures. Agreement in classifications of deficiency or inflammation was assessed by Cohen’s kappa. Strong correlations (r > 0·80) were observed between the 7-Plex and s-ELISA for CRP and ferritin. Except for CRP, the 7-Plex assay gave consistently higher measurements than the s-ELISA. With the exception of CRP (Lin’s ρ = 0·92), there was poor agreement between the two assays, with Lin’s ρ < 0·90. Discrepancies of test results difference between methods increased as the serum concentrations rose. Cohen’s kappa for all the five analytes was < 0·81 and ranged from slight agreement (vitamin A deficiency) to substantial (inflammation and Fe deficiency) agreement. The 7-Plex 1.0 is a research and or surveillance tool with potential for use in low-resource laboratories but cannot be used interchangeably with the s-ELISA. Further optimising and validation is required to establish its interchangeability with other validated methods

Section 2(3) of the Wills Act 7 of 1953 : a retrospective and critical appraisal of some unresolved issues

This article traces the history of s 2(3) of the Wills Act 7 of 1953 – the Act’s so-called ‘condonation provision’. It examines the reasons for the legislature’s introduction of a rescue provision in regard to formally irregular wills and amendments of wills, and surveys the manner in which South African courts have engaged with testamentary condonation to date. The article pays particular attention to three matters regarding s 2(3) that still pose challenges to courts in their engagement with testamentary rescue: the precise ambit of the condonation provision’s document requirement; some difficulties associated with the subsection’s intention requirement; and the question whether the subsection demands substantial compliance with execution and/or amendment formalities before condonation can occur. The authors submit that these unresolved matters require further legislative attention.http://www.journals.co.za/ej/ejour_ju_jur.htmlam201

Omega-3 Fatty Acid and Iron Supplementation Alone, but Not in Combination, Lower Inflammation and Anemia of Infection in Mycobacterium tuberculosis-Infected Mice

Progressive inflammation and anemia are common in tuberculosis (TB) and linked to poor clinical outcomes. Eicosapentaenoic acid (EPA) and docosahexaenoic acid (DHA) have inflammation-resolving properties, whereas iron supplementation in TB may have limited efficacy and enhance bacterial growth. We investigated effects of iron and EPA/DHA supplementation, alone and in combination, on inflammation, anemia, iron status markers and clinical outcomes in Mycobacterium tuberculosis-infected C3HeB/FeJ mice. One week post-infection, mice received the AIN-93 diet without (control) or with supplemental iron (Fe), EPA/DHA, or Fe+EPA/DHA for 3 weeks. Mice supplemented with Fe or EPA/DHA had lower soluble transferrin receptor, ferritin and hepcidin than controls, but these effects were attenuated in Fe+EPA/DHA mice. EPA/DHA increased inflammation-resolving lipid mediators and lowered lung IL-1α, IFN-γ, plasma IL-1β, and TNF-α. Fe lowered lung IL-1α, IL-1β, plasma IL-1β, TNF-α, and IL-6. However, the cytokine-lowering effects in the lungs were attenuated with Fe+EPA/DHA. Mice supplemented with EPA/DHA had lower lung bacterial loads than controls, but this effect was attenuated in Fe+EPA/DHA mice. Thus, individually, post-infection EPA/DHA and iron supplementation lowered systemic and lung inflammation and mitigated anemia of infection in TB, but not when combined. EPA/DHA also enhanced bactericidal effects and could support inflammation resolution and management of anemia

Adjunct n-3 Long-Chain Polyunsaturated Fatty Acid Treatment in Tuberculosis Reduces Inflammation and Improves Anemia of Infection More in C3HeB/FeJ Mice With Low n-3 Fatty Acid Status Than Sufficient n-3 Fatty Acid Status

Populations at risk for tuberculosis (TB) may have a low n-3 polyunsaturated fatty acid (PUFA) status. Our research previously showed that post-infection supplementation of n-3 long-chain PUFA (LCPUFA) in TB without TB medication was beneficial in n-3 PUFA sufficient but not in low-status C3HeB/FeJ mice. In this study, we investigated the effect of n-3 LCPUFA adjunct to TB medication in TB mice with a low compared to a sufficient n-3 PUFA status. Mice were conditioned on an n-3 PUFA-deficient (n- 3FAD) or n-3 PUFA-sufficient (n-3FAS) diet for 6 weeks before TB infection. Postinfection at 2 weeks, both groups were switched to an n-3 LCPUFA [eicosapentaenoic acid (EPA)/docosahexaenoic acid (DHA)] supplemented diet and euthanized at 4- and 14- days post-treatment. Iron and anemia status, bacterial loads, lung pathology, lung cytokines/chemokines, and lung lipid mediators were measured. Following 14 days of treatment, hemoglobin (Hb) was higher in the n-3FAD than the untreated n-3FAS group (p = 0.022), whereas the n-3FAS (drug) treated control and n-3FAS groups were not. Proinflammatory lung cytokines; interleukin-6 (IL-6) (p = 0.011), IL-1a (p = 0.039), MCP1 (p = 0.003), MIP1- a (p = 0.043), and RANTES (p = 0.034); were lower, and the antiinflammatory cytokine IL-4 (p=0.002) and growth factor GMCSF (p=0.007) were higher in the n-3FAD compared with the n-3FAS mice after 14 days. These results suggest that n-3 LCPUFA therapy in TB-infected mice, in combination with TB medication, may improve anemia of infection more in low n-3 fatty acid status than sufficient status mice. Furthermore, the low n-3 fatty acid status TB mice supplemented with n-3 LCPUFA showed comparatively lower cytokine-mediated inflammation despite presenting with lower pro-resolving lipid mediators

Anthropometric nutritional status of children (0–18 years) in South Africa 1997–2022: a systematic review and meta-analysis

Abstract Objective: To conduct a comprehensive systematic review and meta-analysis of the available literature on the anthropometric nutritional status of South African infants and children, 0–18 years old and to report on trends of changes in nutritional status over the period 1997–2022. Design: Systematic review and meta-analysis. Setting: Review of the available literature on the anthropometric nutritional status of South African infants and children, 0–18 years old, over the period 1997–2022. Participants: South African infants and children, 0–18 years old. Results: Only quantitative data from ninety-five publications that described the nutritional status in terms of anthropometry were included. Most recent studies applied the WHO 2006 and 2007 definitions for malnutrition among children 0–5 years old and 5–19 years old, respectively. Meta-analysis of all prevalence data shows the highest stunting prevalence of 25·1 % among infants and preschool children, compared to 11·3 % among primary school-age children and 9·6 % among adolescents. Furthermore, the overweight and obesity prevalence was similar among children younger than 6 years and adolescents (19 %), compared to 12·5 % among primary school-age children. In national surveys, adolescent overweight prevalence increased from 16·9 % in 2002 to 23·1 % in 2011. Meta-regression analysis shows a decrease in stunting among children 6–18 years old and an increase in combined overweight and obesity in the 10–19 years age group. Conclusion: The double burden of malnutrition remains evident in South Africa with stunting and overweight/obesity the most prevalent forms of malnutrition among children

Omega-3 long-chain polyunsaturated fatty acids promote antibacterial and inflammation-resolving effects in Mycobacterium tuberculosis-infected C3HeB/FeJ mice, dependent on fatty acid status

AbstractNon-resolving inflammation is characteristic of tuberculosis (TB). Given their inflammation-resolving properties,n-3 long-chain PUFA (n-3 LCPUFA) may support TB treatment. This research aimed to investigate the effects ofn-3 LCPUFA on clinical and inflammatory outcomes ofMycobacterium tuberculosis-infected C3HeB/FeJ mice with either normal or lown-3 PUFA status before infection. Using a two-by-two design, uninfected mice were conditioned on either ann-3 PUFA-sufficient (n-3FAS) or -deficient (n-3FAD) diet for 6 weeks. One week post-infection, mice were randomised to eithern-3 LCPUFA supplemented (n-3FAS/n-3+ andn-3FAD/n-3+) or continued onn-3FAS orn-3FAD diets for 3 weeks. Mice were euthanised and fatty acid status, lung bacterial load and pathology, cytokine, lipid mediator and immune cell phenotype analysed.n-3 LCPUFA supplementation inn-3FAS mice lowered lung bacterial loads (P= 0·003), T cells (P= 0·019), CD4+T cells (P= 0·014) and interferon (IFN)-γ(P< 0·001) and promoted a pro-resolving lung lipid mediator profile. Compared withn-3FAS mice, then-3FAD group had lower bacterial loads (P= 0·037), significantly higher immune cell recruitment and a more pro-inflammatory lipid mediator profile, however, significantly lower lung IFN-γ, IL-1α, IL-1βand IL-17, and supplementation in then-3FAD group provided no beneficial effect on lung bacterial load or inflammation. Our study provides the first evidence thatn-3 LCPUFA supplementation has antibacterial and inflammation-resolving benefits in TB when provided 1 week after infection in the context of a sufficientn-3 PUFA status, whilst a lown-3 PUFA status may promote better bacterial control and lower lung inflammation not benefiting fromn-3 LCPUFA supplementation