Comparative survey of the legal challenges faced by mixed-use sectional title (condominium) developments

CITATION: Van Der Merwe, C. G. 2018. Comparative survey of the legal challenges faced by mixed-use sectional title (condominium) developments. Journal of South African Law / Tydskrif vir die Suid-Afrikaanse Reg, 2018(1):36-51.The original publication is available at https://journals.co.zaENGLISH ABSTRACT: Over the years mixed-use sectional titles (strata titles, condominium) schemes have become increasingly popular over the world and also in South Africa. A mixeduse sectional titles scheme consists typically of a combination of residential and commercial units, but the term can also apply to the combination of residential units and office units or a combination of residential, commercial and office units.1 The increased popularity of mixed-use residential and commercial schemes2 can be attributed to the increased popularity of residential strata title homes in general. Again, the ability to combine the carefree lifestyle afforded by strata title ownership with the conveniences of in-house shops, offices and restaurants appeals to many house buyers.AFRIKAANSE OPSOMMING: Die toenemende skaarsheid van bekostigbare boupersele in middestede, en die vernuwing van middestede dwarsoor die wêreld, maak gemengde deeltitelontwikkeling ’n aantreklike opsie vir voornemende kopers. Die kopers van besigheids- en kantooreenhede, verkry ’n gesogte lokaliteit in die middestad sowel as ’n aantal potensiële klante in dieselfde gebou. Buiten ’n gesogte middestadlokaliteit, bekom die kopers van residensiële eenhede ook die gerief om moeiteloos inkopies in dieselfde gebou te kan doen en aldaar van professionele dienste gebruik te kan maak. Die ontwikkelaar moet die bestuursdokumente van die skema sorgvuldig met die nodige regsadvies voorberei ten einde die belange van die eienaars van die verskillende samestellende dele van die skema so goed as moontlik te probeer balanseer en ook voorsiening te maak vir aanpassings by toekomstige veranderende ekonomiese en sosiale omstandighede. In hierdie bydrae word aangetoon dat die uitdagings wat gemengde deeltitelontwikkelings in Suid- Afrika in die gesig staar, dieselfde is as wat ontwikkelaars in Australië en die Verenigde State van Amerika ondervind. Die bydrae wys die verskillende kwessies uit waaraan aandag gegee moet word by die opstel van die bestuursdokumente van ’n gemengde deeltitelskema. Daar sal oorweeg moet word of die besondere skema deur ’n sentrale bestuursliggaam bestuur moet word en of daar voorsiening gemaak moet word vir afsonderlike subsidiêre bestuursliggame vir elkeen van die samestellende komponente van die gemengde deeltitelskema. Verdere sake wat aandag verdien, is onder andere hoe die koste vir die gesamentlike gebruik van sekere fasiliteite tussen die komponente verdeel moet word; hoe spesiale feestelikhede in die besigheidskomponent gereguleer moet word; die verlening van uitsluitlike voordele aan sommige komponente, byvoorbeeld die reg om mededinging te verbied; watter gebruiksbeperkings ingevoer moet word; die beskikbaarheid van parkeerplekke vir eienaars, hul besoekers, klante en kliënte; universele onderhoudsvereistes vir die hele gebou; versekeringskwessies; en die aanvaarding van geskikte gedragsreëls vir die onderskeie komponente van die betrokke deeltitelskema.https://journals.co.za/content/journal/10520/EJC-c1867afa9?fromSearch=truePublishers versio

Generic substitution comparing the clinical efficacy of a generic substitute for fluphenazine decanoate with the original product

Long-acting neuroleptics have become the mainstay of the long-term treatment of schizophrenia, improving compliance and thus preventing relapse. Since schizophrenia is a common condition and treatment is usually long-term, this has important financial implications.Objective. Generic substitution is an important cost-saving measure and generic psychopharmacological agents are also currently available in South Africa. There have been concerns about the quality of these products, but these often arise from anecdotal reports. This study was undertaken to compare the clinical efficacy of a generic substitute of fluphenazine decanoate with the original product.Design and setting. The study was a double-blind randomised trial involving two parallel groups - generic substitution v. original product. Chronic schizophrenics, aged between 18 and 65 years, who had been on a constant dose of fluphenazine decanoate for at least 3 months preceding the trial, all treated as outpatients in the community, were studied. The Positive and Negative Syndrome Scale (PANSS) (positive scale) was used as measuring scale and patients were evaluated at inclusion and then every 2 weeks for the next 12 weeks.Results. Both groups had a median change of zero in PANSS scores over the 12-week period. No clinically significant differences between the change in PANSS score were found in respect of the two products.Conclusions. Generic substitution could play an important role in containing the costs of health care in South Africa. Concerns about the quality and efficacy of these drugs should be investigated. In this study, no significant differences in the efficacy of the two products were found

Development of a comprehensive monitoring and auditing tool for oxidation ponds systems in the Middle Vaal and Upper Orange catchment areas

An investigation of the current status of municipal sewage pond systems in the Free State region was undertaken to provide the Department of Water Affairs and Forestry (DWAF) Free State Regional Office with a strategic decision support tool to evaluate the current status of sewage pond systems in order to provide base-line information required by the Department. This will also contribute to a healthy environment by ensuring that strategic environmental issues associated with sewage systems are identified and that potential strategies for impact minimisation and prevention are implemented. This paper provides feedback on the background to the study, literature review conducted, the tool developed that can be utilised to assess pond systems and its outputs. This tool must be seen as a positive evaluation tool to ensure good management of pond systems to promote a healthy environment

Two-tier governance for mixed-use and large-scale sectional title schemes

CITATION: Van Der Merwe, C. G. & Paddock, G. 2008. Two-tier governance for mixed-use and large-scale sectional title schemes. South African Law Journal, 125(3):573-591.The original publication is available at https://journals.co.za/content/journal/ju_saljWith rapidly growing South African urbanization, mixed-use developments are recognized as the most viable utilization of high-density urban space. In specialized sectional title schemes consisting of one or more multi-unit ownership buildings, there is an increasing need to separate the various components of the scheme according to user and to apply the rules of sectional title separately to each component. In a scheme that comprises a commercial component, for example offices and residential units, there is no reason why all the members of the scheme should be responsible for the maintenance of a lift that serves only a particular component. Similarly, owners of commercial units in a mixed-use scheme should not depend on the co-operation of the other owners if they wish to make rules applying to the toilets used by their clients. Moreover, there is no reason why owners of every component of the building or buildings should not have a separate budget to cover their own expenses. Singapore strata title legislation has tried to accommodate these inevitable clashes of interests which ultimately result in disharmonious sectional title communities by introducing a two-tier management structure consisting of a main management body administering general matters and two or more subsidiary management bodies administering the affairs of a particular user group. The aim of this paper is to consider whether this unique system could be adopted as a model for introducing a two-tier governance system in South Africa.Publisers versio

The Vaccine and Cervical Cancer Screen project 2 (VACCS 2): Linking cervical cancer screening to a two-dose HPV vaccination schedule in the South- West District of Tshwane, Gauteng, South Africa

Background: Cervical cancer is a preventable disease with a high prevalence in South Africa (SA), where screening is opportunistic. Primary prevention is now possible through HPV vaccination. In VACCS 1 the feasibility of linking cervical cancer with HPV vaccination was demonstrated.Objectives: To investigate the feasibility of linking HPV self-testing with a two-dose HPV vaccination schedule and to compare results with VACCS 1.Methods: The project was conducted in five schools in the South-West District of Tshwane, Gauteng, SA. Leaflet information on cervical cancer and screening was provided, with requests for consent and assent for a two-dose HPV vaccination of schoolgirls. Female caregivers were invited to take part in HPV self-screening.Results: Of 965 girls invited for vaccination, 519 (53.7%) had full consent and 518 (99.8%) received at least one vaccine dose. The invited uptake rate was 53.7% and 495 girls received both doses, giving a completion rate of 95.4% v. 82.6% in VACCS 1. Of 1 135 self-screen kits handed out, 560 (49.3%) were not returned. The mean age (standard deviation) of the 160 women who participated in self-screening was 38.7 (7.7) years. HPV testing was negative in 116 women (72.5%), 15 women (9.4%) tested positive for HPV 16 and/or 18, and 27 (16.9%) were positive for non-16/18 oncogenic HPV.Conclusion: Data from the VACCS projects suggest that school-based vaccine programmes can be successfully implemented. A two-dose schedule allowed for higher completion rates. Linking self-collected HPV screening to HPV vaccination is feasible, is a promising and viable screening strategy, and reached the appropriate age group for screening

Progressive familial heart block type I : clinical and pathological observations

CITATION: 1991: .Van der Merwe, P.-L. et al. 1991. Progressive familial heart block type I : clinical and pathological observations. South African Medical Journal, 80:34-38.The original publication is available at http://www.samj.org.zaProgressive familial heart block type I (PFHB-I) is an autosomal inherited disease. It was previously postulated that the disease is limited to the cardiac conduction tissue. The presentation of a patient with dilated cardiomyopathy focused on the possibility that this might be part of PFHB-I. This observation led to routine echocardiographic examination of patients with complete heart block, who belonged to PFHB-I families, and another 5 cases with signs of dilated cardiomyopathy were identified. This is the first time, to our knowledge, that the histological picture of PFHB-I has been described. From these case reports it is clear that in the presence of a dilated cardiomyopathy the prognosis in PFHB-I tends to be poor.Publisher’s versio

Phase I of the DiaVACCS screening trial: Study design, methods, population demographics and baseline results

Background. Human papillomavirus (HPV)-based primary screening guidelines are based on screening test performance and prevalence data generated in high-resource areas with low HIV infection rates. There is an urgent need for local data on infection and disease prevalence, as well as screening test performance, among both HIV-positive and HIV-negative South African (SA) women, in order to inform updated screening guidelines. Objectives. This study describes the baseline characteristics of participants in the cross-sectional phase of the multicentric DIAgnosis in Vaccine And Cervical Cancer Screen (DiaVACCS) screening trial. The objective was to determine the prevalence of positive screening and pre-invasive disease using different tests and strategies in the SA HIV-positive and HIV-negative population.Methods. A total of 1  104 women aged 25 - 65 years and eligible for screening were included, 465 HIV positive and 639 HIV negative. Visual inspection and molecular and cytological screening tests were done on self-sampled and healthcare worker-collected specimens. All participants who screened positive and 49.1% of those who screened negative were invited for colposcopy and biopsy, and those qualifying for treatment were recalled for large loop excision of the transformation zone as part of the trial. The worst histology result for each participant was used, and for untested women, multiple imputation was used to estimate verification biasadjusted histology values.Results. Visual inspection was positive in 50.4% of HIV-positive v. 20.9% of HIV-negative women, cytology (atypical squamous cells of undetermined significance) in 39.9% v. 17.0%, and high-risk HPV DNA in 41.2% v. 19.6%. Overall, high-grade squamous intraepithelial lesion-positive cytology peaked in the age group 30 - 39 years at 16.7%. After adjustment for verification bias, histological diagnosis of cervical intraepithelial neoplasia (CIN)2+ was suspected in 44.7% v. 23.5% and CIN3+ in 23.3% v. 10.2% of HIV-positive and negative women, respectively. Invasive cancer was diagnosed in 15 women (1.95% of histological studies performed), and verification bias adjustment suggested 20 cases (1.8% of the study population).Conclusion. The baseline findings from the DiaVACCS trial confirm a high prevalence of HPV-related cervical pathology in the SA HIV-negative screening population, showing a clear need to reach these women with a screening programme. Among HIV-positive women, prevalence values were almost doubled. The prevalence of existing invasive cervical cancer was 1 - 2% of all women. Further analysis of the performance of single and multiple screening tests between the two subgroups will contribute to the choice of the most effective strategies to identify women at risk of developing invasive cancer

Ethnic differences in lipid metabolism in two groups of obese South African women

There is a higher prevalence of ischemic heart disease (IHD) in South African white than black women. The objective of this study was to determine biochemical explanations for this prevalence. The study group contained 15 obese black women (OBW) and 14 obese white women (OWW), ah premenopausal, who were examined after an overnight fast. Anthropometric measurements and blood concentrations of glucose, non-esterified fatty acids (NEFAs), catecholamines, plasminogen activator inhibitor-1, C-peptide, proinsulin, lipograms, cortisol, growth hormone, and post-heparin Lipoprotein Lipase activity were measured during an oral glucose tolerance test (OGTT), Body composition was measured using bioelectrical impedance analysis, and subcutaneous and visceral fat mass were assessed with CT-scans. Visceral fat area was higher in OWW (139.7 +/- 10.7 cm(2)) than in OBW (72.3 +/- 3.9 cm(2)) (P < 0.01), as were fasting and 3 h triglyceride concentrations (P < 0.05 for all). OWW also had higher NEFA levels than OBW at 3 and 4 h compared, with OBW (P < 0.05 for both). Fasting cortisol (266 +/- 24 vs. 197 +/- 19 nmol/l; P < 0.05) was higher in OWW than in OBW. These data demonstrate that OWW have higher visceral fat mass than OBW, which may lead to a more atherogenic fasting and postprandial Lipid profile. The higher cortisol levels of the OWW may promote visceral fat deposition. - Punyadeera, C., M-T. van der Merwe, N.J. Crowther, M. Toman, C. P. Schlaphoff, and I. P. Gray. Ethnic differences in lipid metabolism in two groups of obese South African women

Assessing and comparing chest radiograph interpretation in the Department of Internal Medicine at the University of the Witwatersrand medical school, according to seniority

Background. Chest radiographs are a common diagnostic tool in the internal medicine department, and correct interpretation is imperative for adequate patient management. Objective. To determine the diagnostic accuracy of common pathologies in South Africa that are evident on chest radiographs, and to determine whether there are discrepancies according to different levels of qualification of doctors rotating through the internal medicine department, and which factors contribute to an accurate diagnosis. Method. Fifteen chest radiographs with common pathologies were given to all doctors rotating through the Department of Internal Medicine at Chris Hani Baragwanath Academic Hospital, and they were asked to interpret them. Information pertaining to their experience, designation and confidence in chest radiograph interpretation was also obtained. Results. Diagnostic accuracy according to years of experience was as follows: 0 - 5 years 27.0%, 6 - 10 years 43.0%, and >10 years 47.9%. For different designations, accuracy was as follows: consultants 50.5%, registrars 40.9%, medical officers 36.4%, and interns 19.5%. Participants who were confident obtained a mean score of 39.4% and those who were not, a mean score of 31.6%. Conclusion. Chest radiographs are readily accessible and used daily in clinical practice in numerous facilities. An accurate diagnosis is important to provide quality healthcare. Improved training in interpretation for all, but especially for junior doctors, should be a priority in our training facilities

JBMC: a bounded model checking tool for verifying java bytecode

We present a bounded model checking tool for verifying Java bytecode, which is built on top of the CPROVER framework, named Java Bounded Model Checker (JBMC). JBMC processes Java bytecode together with a model of the standard Java libraries and checks a set of desired properties. Experimental results show that JBMC can correctly verify a set of Java benchmarks from the literature and that it is competitive with two state-of-the-art Java verifiers