The impact of the Consumer Protection Act 68 of 2008 and related legislation on typical lease agreements

The common law of lease sets out certain reciprocal rights and duties of lessors and lessees. It also provides for sui generis aspects such as the lessor’s hypothec and the protection of the lessee under the huur gaat voor koop rule. The relatively uncomplicated manner in which the common law has addressed specific issues pertaining to the law of lease has however been influenced by recent legislation that have an impact on various aspects of lease. The Rental Housing Act 50 of 1999 has entrenched parameters for the exercise of certain rights by the lessor and lessee and has introduced Rental Housing Tribunals to deal with unfair leasing practices. The Prevention of Illegal Eviction of and Unlawful Occupation of Land Act 19 of 1998 has radically impacted on the process that a lessor has to follow where he wishes to evict a lessee who remains in occupation of a leased premises after lawful termination of a lease agreement. Most recently the introduction of the Consumer Protection Act 68 of 2008, which came into full operation at the end of March 2011, appears to have a significant impact on the law of lease in those instances where the Act finds application to a lease agreement. In this regard it must be observed that the Consumer Protection Act impacts on a lease agreement that falls within its scope in two ways: on the one hand section 14 of the Act which regulates fixed term agreements may find specific application to a lease agreement that falls within the scope of application of the said section. On the other hand, there are certain ‘general’ provisions of the Act that will find application generally to lease agreements that fall within the scope of application of the Act , even if they do not fall within the specific scope of application of section 14. The purpose of this dissertation is to investigate how the various pieces of legislation indicated herein , impact on the common law of lease . The main focus will eventually be the impact of the Consumer Protection Act as such impact still has to manifest in practice.It will thus be endeavoured to present a holistic view of the ‘changing face of the law of lease’ in South Africa.Dissertation (LLM)--University of Pretoria, 2012.Mercantile Lawunrestricte

Strategies, practices and skills for competitiveness in the digital economy: a perspective on large companies in South Africa

The impact of the digital developments of our time - new digital devices, new software, and new areas of applications - can be felt in more and more areas of life and work. In fact, in some areas of business the impact is transformational, changing an area or business sector to such an extent that it is hardly recognisable from what that area was like a decade or more ago. Business introduced information and communication technologies (ICTs) to automate certain processes, to achieve economies of scale (and the benefits associated with that) to involve both suppliers and customers, etc. The introduction of digital mobile devices (especially smartphones) over the past eight to ten years, and the current ubiquitous presence of these devices, brought about more changes to users' interaction with suppliers. Not only do these devices lead to improved communication with business and within business, but increasingly so in the areas of business these devices are used to establish new relationships with customers, both existing ones and potentially new ones. In such an increasingly hyperconnected world, employees become participants in a world beyond the boundaries of companies, thereby being in a position to gauge sentiments outside, to influence opinions and to make a contribution to the positioning of companies. A key factor that has to be taken into account is the wider availability of technology to all players in the ecosystem within which business functions, including the competition. Cloud-based services enable rapid deployment of services and scalability according to need. Just as access to technology, especially in the form of digital technology, holds the possibility of innovation for existing businesses, the same technology also creates the possibility for disruptive innovation and for new competition in the market. “Digital disruption describes a process by which a product or service takes root initially in simple applications at the bottom of a market and then relentlessly moves 'up market,' eventually displacing established competitors”1. Some commentators, as argued by Wladawsky- Berger2, refer to this changing scenario of access to cloud-based services as one characterised by “new economies of unscale”, a situation that could turn into a major disruption for established companies

Reversal of quantised Hall drifts at non-interacting and interacting topological boundaries

The transport properties of gapless edge modes at boundaries between topologically distinct domains are of fundamental and technological importance. Therefore, it is crucial to gain a better understanding of topological edge states and their response to interparticle interactions. Here, we experimentally study long-distance quantised Hall drifts in a harmonically confined topological pump of non-interacting and interacting ultracold fermionic atoms. We find that quantised drifts halt and reverse their direction when the atoms reach a critical slope of the confining potential, revealing the presence of a topological boundary. The drift reversal corresponds to a band transfer between a band with Chern number $C = +1$ and a band with $C = -1$ via a gapless edge mode, in agreement with the bulk-edge correspondence for non-interacting particles. We establish that a non-zero repulsive Hubbard interaction leads to the emergence of an additional edge in the system, relying on a purely interaction-induced mechanism, in which pairs of fermions are split

Identifying Contact Risks for SARS-CoV-2 Transmission to Healthcare Workers during Outbreak on COVID-19 Ward

We assessed the risk for different exposures to SARS-CoV-2 during a COVID-19 outbreak among healthcare workers on a hospital ward in late 2020. We found working with isolated COVID-19 patients did not increase the risk of COVID-19 among workers, but working shifts with presymptomatic healthcare coworkers did

Depth-dependent abundance of Midas Cichlid fish ( Amphilophus spp: ) in two Nicaraguan crater lakes

The Midas Cichlid species complex (Amphilophus spp.) in Central America serves as a prominent model system to study sympatric speciation and parallel adaptive radiation, since small arrays of equivalent ecotype morphs have evolved independently in different crater lakes. While the taxonomy and evolutionary history of the different species are well resolved, little is known about basic ecological parameters of Midas Cichlid assemblages. Here, we use a line transect survey to investigate the depth-dependent abundance of Amphilophus spp. along the shores of two Nicaraguan crater lakes, Apoyo and Xiloá. We find a considerable higher density of Midas cichlids in Lake Xiloá as compared to Lake Apoyo, especially at the shallowest depth level. This might be due to the higher eutrophication level of Lake Xiloá and associated differences in food availability, and/or the presence of a greater diversity of niches in that lake. In any case, convergent forms evolved despite noticeable differences in size, age, eutrophication level, and carrying capacity. Further, our data provide abundance and density estimates for Midas Cichlid fish, which serve as baseline for future surveys of these ecosystems and are also relevant to past and future modeling of ecological speciatio

Acceptance of Enhanced Robotic Assistance Systems in People With Amyotrophic Lateral Sclerosis–Associated Motor Impairment: Observational Online Study

Background: Amyotrophic lateral sclerosis (ALS) is a fatal neurodegenerative disease characterized by a progressive paresis of the extremities and the loss of manual functioning. Due to the severe functional impairment that the disease entails, ALS requires the provision of comprehensive nursing care and a complex set of assistive technology devices. To relieve caregivers and promote autonomy of people with ALS, robotic assistance systems are being developed. This trial aims to evaluate the acceptance of technology, in general, and of robotic arm assistance among people with ALS in order to lay the groundwork for the development of a semiautomatic robotic arm that can be controlled by humans via a multimodal user interface and that will allow users to handle objects and attend to their own bodies. Objective: The aim of this study was to perform a systematic analysis of technology commitment and acceptance of robotic assistance systems from the perspective of physically limited people living with ALS. Methods: The investigation was conducted as a study of a prospective cohort. Participants were only included if they had received a medical diagnosis of ALS. Data collection took place via an online questionnaire on the Ambulanzpartner Soziotechnologie internet platform. Technological commitment was measured using the Neyer short scale. Furthermore, a multidimensional questionnaire was specially developed to analyze participant acceptance of robotic arm assistance: the Acceptance Measure of Robotic Arm Assistance (AMRAA). This questionnaire was accompanied by a video introducing the robot arm. ALS severity was ascertained using the ALS Functional Rating Scale–Extended (ALSFRS-EX). Results: A total of 268 people with ALS participated in the survey. Two-thirds of the participants were male. The overall mean ALS severity score was 42.9 (SD 11.7) points out of 60 on the ALSFRS-EX, with the most relevant restrictions on arms and legs (<60% of normal functioning). Technological commitment ranked high, with the top third scoring 47.2 points out of 60. Younger participants and males showed significantly higher values. The AMRAA score was, again, significantly higher among younger participants. However, the gender difference within the overall cohort was not significant. The more limited the arm functioning of participants according to the ALSFRS-EX subscale, the higher the acceptance rate of robotic assistance. This relationship proved significant. Conclusions: People with ALS display high technological commitment and feel positive about using technological assistance systems. In our study, younger participants were more open to technology use, in general, and robotic assistance, in particular. Self-appraisal of technology acceptance, competence, and control conviction were generally higher among men. However, any presumed gender difference vanished when users were asked to rate the anticipated usefulness of the technology, in particular the robotic arm. The acceptance was also reflected in users’ increased willingness to use a robotic arm as the functionality of their own arms decreased. From the perspective of people with ALS, robotic assistance systems are critical to promoting individual autonomy. Another key consideration in the development of future assistive technologies should be the reduction of caregiver burden. Trial Registration: German Clinical Trials Register DRKS00012803; https://tinyurl.com/w9yzduh

Ankara civarı (Beypazarı-Çayırhan) miyosen yaşlı gölsel-karasal çökellerin devirsel sedimantoloji, sekans stratigrafisi, ve sedimanter jeokimya yöntemleri ile yüksek çözünürlükte incelenmesi

TÜBİTAK ÇAYDAG01.08.2009Bu projede Çayırhan, Davutoğlan, Beypazarı ve Ayaş civarları çalışılmış ve bu bölgelerin civarlarında yüzlek veren Çayırhan, Akpınar ve kısmen Kirmir Formasyonları içerisinde birbirini tamamlayan 7 değişik stratigrafik ölçülmüştür. Ölçülen detay stratigrafi kesitlerinde sedimantolojik, (mikrofasiyes ve sedimanter yapı analizi), jeokimyasal (ana ve iz elementler), XRD, duraylı izotop analizleri (δ13C ve δ18O) ve Sr izotop analizleri yapılmıştır. Ayrıca, devirsel stratigrafi, sekans stratigrafisi ve Fischer eğrisi uygulamaları da yapılmıştır. Elde edilen sonuçlar göl seviyesi değişimlerinin iklimsel etkili olduğunu ve küresel Miyosen iklim değişimleri ile paralellik gösterdiği tespit edilmiştir. Küçük ölçekli (Milankovitch devirleri) ve büyük ölçekli iklim değişikliklerinin varlığı sediman diziliminde farklı devirsellikler olarak gözlenmiş ve küçük ölçekli iklim değişikliklerinin havzayı denetleyen tektonik olaylardan etkilenmediklerini tespit edilmiştir. Yapılan sedimantolojik, devirsel stratigrafik, kil mineralojisi, palionolojik analizlere göre ölçülü istiflerin alt kısmında koyu renkli çamurtaşları, haki çamurtaşları, kireçtaşı ve jips ardalanmalarından oluşan devirler ıslak ve kuru iklim ardalanmalarını temsil etmektedir. Çayırhan istifin üst kısmında ise kırmızı ve yeşil çamurtaşlarının ve stramatolitik kireçtaşı/marn ile ardalanmalarının yine küçük ölçekte ıslak ve kuru iklim ardalanmalarını farklı litolojiler ile yansıttıkları tespit edilmiştir. Fakat büyük ölçekte bakıldığı zaman birbirini destekleyen tüm analiz bulguları sayesinde ve hatta duraylı izotop analizleri desteği ile de kesinleşen Üst Miyosen soğuk ve nemli iklimini ve takip eden Sıcak ve kurak iklim değişimlerini görmek mümkün olmaktadır. Havzayı denetleyen tektonik olayların iklim değişimine etkisi büyük ölçekte dolaylı olabileceği ortaya çıkmıştır. Havza kenarlarından yapılan gözlemlere göre havzadaki sediman gelimini kontrol eden yükselmiş ana kayaların farklılıkları yakın kısımlarda farklı tipte devirlerin oluşmasına sebep olmuştur. Buna rağmen küçük ölçekli iklim etkili devirsel çökellerin kayıtları tespit edilmiştir. Tektonik etkiler ile yükselen havzanın kapanması durumunda bile devirsellikler devam etmiştir.In this Project, Çayırhan, Davutoğlan, Beypazarı and Ayaş regions have been studied and 7 different stratigraphic sections have been measured within Çayırhan Formation, Akpınar Limestone and partially Kirmir Formation cropping out around these areas. Sedimentological (microfacies and sedimantary structures), geochemical (main and trace elements), XRD, stable isotpoe analysis (δ13C and δ18O) and Sr isotope analysis have been carried out along the measured stratigraphic sections. In addition to these, cyclostratigraphic, sequence stratigraphic and Fischer Plot analysis have been applied. It has been found that lake level fluctuations are climate controlled and paralel with Global Miocene climate changes. Small-scale (Milankovitch cycles) and large-scale climate changes have been recorded as different cyclic variations within sediments and it has been found that small-scale climate changes were not effected from tectonic events controlling the basin. Sedimentolocial, cyclostratigraphic, clay mineralocial, palynological analysis displayed that cycles composed of alternation of dark mudstones, dark grey-green coloured mudstones, limestones and gypsums represent wet and dry climate changes at the lower part of the measured section. At the upper part of the Çayırhan measured section, it has been determined that alternation of red and gren coloured mudstones, stromatolitic limestones/marls alro represents wet and dry climate changes with different lithologic expression. For the large-scale changes, it is possible to see cold and wet climate and followed by dry and hot climate changes of Late Miocene in this basin by the results of the all analysis supporting each other and even with the support of stable isotope analysis. It has been detected that large-scale climate changes could probably indirectly effected by tectonic events controlling the basin. In the basin margins, different basement rocks exposed controlling the sediment influx into the basin could caused formation of the different cycles. However, climate-induced small-scale cycles have been recorded without tectonic distruption even in the period of closing of the basin