Research Articles (University of Pretoria)

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This collection offers open access to the full text of research articles published by staff, students and affiliates of the University of Pretoria. These items are identical in content to their published counterparts. It is linked to the Research Information System and complements the Annual Research Report.

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High prevalence and non-suppression of HIV/AIDS in the East and Central African region heightens risk of severe outcomes for Clade I monkeypox virus infection, and may be a driver for subsequent adaptation
(Elsevier, 2025-03) Bosa, Henry Kyobe; Muttamba, Winters; Bakamutumaho, Barnabas; Rwagasore, Edson; Runumu, John; Bbuye, Mudarshiru; Sabiiti, Wilber; Nyanzi, Abdul; Weyer, Jacqueline; Francis, Joel; Kapologwe, Ntuli A.; Katoto, Patrick; Kirenga, Bruce; Wayengera, Misaki
In September 2023, a re-emergence of mpox was noted in the province of South Kivu, in DR Congo. So far, active transmission has been reported in 23 of the 26 provinces. Despite localisation within DRC, there are emerging concerns about possibility of cross-border transmission. In this perspective, we highlight the threat posed to HIV positive patients, particularly those with unsuppressed viral loads. We make several prepositions as part of the preparedness and response plans in the countries in the East and Central Africa region. The six prepositions include: 1) operationalize the Joint Africa Task Force for mpox consistent with Kinshasa declaration on mpox, 2) increased surveillance, 3) deployment of point of care diagnostics, 4) targeted reactive vaccination and enhanced antiretroviral therapy of HIV positive patients in areas of active transmission, 5) community engagement, 6) foster capacity building of national rapid response teams in East and Central Africa in mpox care and management through collaboration with DRC counterparts. HIGHLIGHTS • The ongoing mpox outbreak in regions with a high HIV prevalence is a concern. • In the region, only 90 % of the people with HIV have viral suppression. • Commercial sexual activity is one of the biggest drivers of HIV in this region. • In DRC, up to 29 % of the mpox cases are female sex workers. • There is an imminent danger of double-edged health challenges of mpox and HIV.
Unveiling the Russia-Ukraine war nexuses to the birthpangs in Matthew 24:1-26
(AOSIS, 2025-03) Ukeachusim, Chidinma P.
Wars and rumours of wars have occurred worldwide since time immemorial. After the death, resurrection and ascension of Jesus, wars [πολέμους] and rumours of wars [ἀκοὰς πολέμων] and other events enlisted in the Olivet-prophecy are now being theologically re-interpreted to be eschatological birthpangs. Many Christians around the globe do not understand the peculiar nexuses that exist between each ongoing war and news of wars as well as the apocalyptic views and teachings of Jesus in the Olivet-prophecy. Because of the lack of understanding many have about wars and rumours about wars, it is significant to study the didactic Matthean Gospel's redacted account of the Markan eschatological sermon, and thereby unveil the peculiar nexuses that the ongoing war and news between Russia and Ukraine have with Jesus' eschatological views and teachings. Therefore, the main concern of this study is whether the Russia-Ukraine war and its rumours of war have nexuses with Jesus' presaged biblical eschatological birthpangs, as redacted by Matthew the theological redactor. The study adopted the exegetical design and specifically employed the redaction method of Bible criticism to study Matthew 24:1-26, focusing on unveiling whether there are peculiar nexuses and theological implications that the ongoing Russia-Ukraine war and its news have with the eschatological views and teachings of Jesus. The results drawn from the exegetical study of Matthew 24:1-26 when applied to the war that started on 24 February 2022 and is still ongoing between Russia and Ukraine revealed that there are nexuses that relate them to the apocalyptic views and teachings of Jesus as preached and preserved by Mark and redacted by Matthew. Such nexuses have theological implications for Christians being troubled by this war and other intensifying wars and rumours of wars and how to understand these. The highlighted theological essence and engagement help to discern whether the nexuses underline the peculiar understanding Christians should have regarding their response to the ongoing Russia-Ukraine war. CONTRIBUTION: This study unveiled that the ongoing conflicts and war between Russia and Ukraine have peculiar nexuses with the theological underlined characteristics of the eschatological birthpangs Jesus enlisted in the Olivet-prophecy. With special reference to the Russia-Ukraine war, the study unveils the theological implications that manifest due to the nexuses the Russia-Ukraine conflicts and war have as merely eschatological birthpangs.
SPARCQ : enhancing scalability and adaptability of proactive edge caching through q-learning
(Institute of Electrical and Electronics Engineers, 2025-04) Lall, Shruti; De Clercq, Johan; Pillay, Nelishia; Maharaj, Bodhaswar Tikanath Jugpershad; shruti.lall@tuks.co.za
The exponential growth of network traffic and data-intensive applications demands innovative solutions to manage data efficiently and ensure high-quality user experiences. Proactive edge caching has become a crucial technique for enhancing network performance by predicting and pre-storing content closer to users before access. Accurate prediction models, such as Long Short-Term Memory (LSTM) networks, are crucial for effective proactive caching. However, these models rely on carefully tuned hyperparameters to maintain predictive accuracy, and manual tuning is impractical in dynamic and diverse network environments, limiting scalability and adaptability. To overcome these challenges, we propose a novel framework, SPARCQ, that leverages Q-learning, a reinforcement learning algorithm, to automate hyperparameter tuning for LSTM-based prediction models. By dynamically adjusting hyperparameters, our approach ensures accurate predictions, improving caching efficiency and adaptability. Using the MovieLens dataset, we achieve an average improvement of 8% in cache hit ratios compared to baseline models, including popularity-based and untuned models. Additionally, our framework demonstrates scalability and robustness across geographically distributed regions, consistently adapting to diverse and evolving data patterns.
Scalable Δ-AGC logic for enhanced electromechanical oscillation damping in modern power systems with utility-scale photovoltaic generators
(Institute of Electrical and Electronics Engineers, 2025-05) Ratnakumar, Rajan, Rajan; Venayagamoorthy, Ganesh Kumar
Power systems with utility-scale solar photovoltaic (PV) can significantly influence the operating points (OPs) of synchronous generators, particularly during periods of high solar PV generation. A sudden drop in solar PV output due to cloud cover or other transient conditions will alter the generation of synchronous generators shifting their OPs. These shifted OPs can become a challenge for stability as the system may operate closer to its stability limits. If a disturbance occurs while the system is operating at the shifted OP, with reduced stability margins, it will be more vulnerable to increased oscillations, loss of synchronism of its generator(s) and system instability. This study introduces a scalable Δ -automatic generation control ( Δ -AGC) logic method designed to address stability challenges arising from shifts in the OPs of synchronous generators during abrupt drops in PV generation. By temporarily adjusting the OPs of synchronous generators through modification of their participation factors (PFs) in the AGC logic dispatch, the proposed method enhances power system stability. The proposed Δ -AGC logic method focuses on the optimal determination of ΔPFs in power systems with large number of generators, using the concept of coherency and employing a hierarchical optimization strategy that includes both inter-coherent and intra-coherent group optimization. Additionally, a new electromechanical oscillation index (EMOI), integrating both time response analysis (TRA) and frequency response analysis (FRA), is utilized as an online situational awareness tool (SAT) for optimizing the system’s stability under various conditions. This online SAT has been implemented in a decentralized manner at the area level, limiting wide-area communication overheads and any cybersecurity concerns. The Δ -AGC logic method is illustrated on a modified IEEE 68 bus system, incorporating large utility-scale solar PV plants, and is validated through real-time simulation. Various cases, including high-loading conditions with and without power system stabilizers, conventional AGC logic, and Δ -AGC logic, are carried out to evaluate the effectiveness of the proposed Δ -AGC logic method. The results illustrate the performance and benefits of the Δ -AGC logic method, highlighting its potential to significantly enhance power system stability.
RanViz : ransomware visualization and classification based on time-series categorical representation of API calls
(Institute of Electrical and Electronics Engineers, 2025-03) Mokoma, Vhuhwavho; Singh, Avinash; u20470992@tuks.co.za
Ransomware continues to pose a significant threat to individuals and organizations worldwide, causing disruptions, financial losses, and reputational damage. As ransomware attacks grow in sophistication, understanding their behaviour through effective analysis has become increasingly critical for mitigation and prevention. However, ransomware analysis presents several challenges. First, the sheer volume of Application Programming Interface (API) call data generated by ransomware during execution can overwhelm traditional analysis methods. Second, the temporal and categorical nature of this data makes identifying meaningful patterns complex. Third, the integration of machine learning (ML) models, which are essential for accurate classification, is hindered by the difficulty of modelling intricate API call behaviours. Without effective tools to address these issues, analysts risk missing critical behavioural indicators. To overcome these challenges, the proposed Ransomware Visualization (RanViz) system was developed to provide a comprehensive visual analytics and classification platform designed to enhance ransomware analysis. RanViz employs advanced visualization techniques to represent categorical API call time-series data, enabling analysts to intuitively understand ransomware behaviours that might otherwise remain obscured. The system incorporates ML models based on API call frequency, temporal interval, and sequence to classify unknown samples as either benign or ransomware. The models collectively achieve an accuracy of over 95% in detecting ransomware. By providing a unified platform that combines powerful visualization tools with high-performing ML models, RanViz simplifies ransomware analysis and offers a robust framework for accurate classification. This makes it an invaluable tool for digital forensics and cybersecurity professionals tasked with addressing the ever-evolving ransomware threat.
Blockchain-enhanced attribute-based encryption architecture with feasibility analysis
(Institute of Electrical and Electronics Engineers, 2025-03) Ferrer-Rojas, Agustin; Maharaj, Bodhaswar Tikanath Jugpershad; Hlophe, Mduduzi Comfort
In today’s digital landscape, data security is critical, particularly in the Internet of Things (IoT), where large volumes of sensitive data are exchanged. Traditional encryption methods like RSA and AES face challenges in balancing security and performance, exposing systems to advanced cyber threats. To address these issues, blockchain technology offers decentralized, tamper-resistant data protection that enhances trust and transparency. Attribute-Based Encryption (ABE) schemes have been developed, often combining asymmetric and symmetric encryption for efficiency and security. However, gaps remain in practical deployment due to underexplored network architectures and limited feasibility simulations. This study proposes an end-to-end security architecture integrating ABE with Linear Secret Sharing Scheme (LSSS) access policies and blockchain-based distributed key management. The system’s feasibility was evaluated using Network Simulator 3 (NS3) within a simulated IoT network. Results demonstrate a lightweight and scalable solution suitable for constrained environments. Numerical simulations showed consensus times as low as 0.25 seconds for key agreement and 0.7 seconds for message consensus, even in resource-constrained settings. For large networks, consensus times reached as low as 0.75 seconds. The system also achieved an average throughput of 0.3 transactions per second in low-resource environments. These outcomes highlight the system’s potential for secure, efficient data transmission in IoT and other distributed systems.
Balancing complexity and performance of machine learning models for avian pests sound detection in agricultural environments
(Institute of Electrical and Electronics Engineers Inc., 2025-06) Kazeneza, Micheline; Bosman, Anna Sergeevna; Amenyedzi, Destiny Kwabla; Hanyurwimfura, Damien; Ndashimye, Emmanuel; Vodacek, Anthony
Agricultural pest control traditionally relies on inefficient visual inspections. Acoustic monitoring offers a promising alternative by analyzing pest-specific sounds. While effective, implementing acoustic monitoring in agricultural settings faces practical constraints, particularly the limited computational resources available in remote farming environments. This necessitates optimized machine learning (ML) solutions for low-power edge devices. This study evaluates ML models for bird pest detection on resource-constrained platforms. We evaluated convolutional neural networks (CNNs), recurrent neural networks (RNNs), and traditional ML models by comparing standalone and knowledge-distilled versions of EfficientNetB0 and gated recurrent unity (GRU) against EfficientNetB4, Long short-term memory (LSTM), MobileNetV2, LightGBM, and support vector machine (SVM). Analysis revealed significant performance variations across computational requirements. LightGBM achieved 98% accuracy with minimal resources (8,500 parameters, 7KB, 0.6ms inference), demonstrating good efficiency. SVM (97% accuracy) and distilled GRU (86% accuracy) also showed favorable performance-to-resource ratios. Knowledge distillation substantially enhanced the accuracy of EfficientNetB0 (from 73% to 98%) and modestly improved GRU (from 84% to 86%). We examined platform compatibility across computing tiers, discovering that while high-performance edge devices (Jetson Nano, Raspberry Pi 4) support all studied models effectively, microcontrollers require specialized approaches. Advanced microcontrollers (such as ESP32-S3 and STM32H7) can accommodate optimized implementations, while highly constrained platforms (such as Arduino Nano) require TinyML techniques. This research contributes 1) an on-farm audio dataset, 2) comprehensive cross-model evaluation metrics, and 3) deployment optimization strategies for acoustic pest detection systems in resource-constrained agricultural environments.
Evaluation of rainfall distribution based on the Precipitation Concentration Index : a case study over the selected summer rainfall regions of South Africa
(MDPI, 2025-06) Botai, Christina M.; Botai, Joel Ongego; Mukhawana, Mxolisi B.; De Wit, Jaco; Masilela, Ndumiso S.; Zwane, Nosipho Ntombani; Tazvinga, Henerica
The Precipitation Concentration Index (PCI) is considered a powerful tool that can be used to analyse the spatial and temporal distribution and variability of precipitation over a region. It plays a significant role in planning and managing water resources, including monitoring and forecasting drought and flood risks. As such, the present study used the PCI to investigate the spatio-temporal distribution of precipitation in summer rainfall regions covering six selected South African provinces. Specifically, this study analysed monthly precipitation data from 49 rainfall districts spanning from 1979 to 2023 and assessed the spatio-temporal variability patterns of annual, seasonal and supra-seasonal PCI values and their trends based on the Mann–Kendall trend test. Pearson’s correlation was used to evaluate the relationship between the PCI values and precipitation across the provinces. Moderate annual PCI values were observed mainly in KwaZulu-Natal and the eastern regions of the Free State and Mpumalanga provinces. A large portion of the study site exhibited irregular annual precipitation concentrations. The PCI decreased by −1.5 and −1.2 magnitudes of change during 1979–1989 and 2000–2011 and increased by 2.1 and 2.8 magnitudes between 1990–2000 and 2012–2023, respectively. Uniform precipitation concentration was mostly recorded during the December–January–February (DJF) season. The entire study area recorded moderate precipitation concentration during the March–April–May (MAM) and September–October–November (SON) seasons (with exceptions for KwaZulu-Natal (KZN)). In addition, irregular precipitation concentration dominated during the June–July–August (JJA) rainy season. All provinces except KZN recorded positive trends in annual PCI. Also, positive trends in PCI were observed during the supra-wet season across the provinces, except KZN and in parts of the Free State. Furthermore, negative trends in seasonal PCI were mostly dominant during DJF and MAM, while positive trends were mostly observed during SON and JJA rainy seasons. The annual PCI values were positively correlated with annual precipitation in KZN, Free State and Limpopo, while negative correlations were observed in Mpumalanga and North West provinces. The results presented in this study contribute to drought and flood monitoring in support of water resource management and planning.
The time-varying impact of uncertainty shocks on the co-movement of regional housing prices of the United Kingdom
(Springer Nature, 2025-02) Cepni, Oguzhan; Marfatia, Hardik A.; Gupta, Rangan
The housing markets in districts across the United Kingdom (UK) co-move over time. We use the dynamic factor model to decompose the co-movement in house prices of the smallest possible geographical unit into national, regional, and idiosyncratic factors. Using the Bayesian time-varying parameter VAR (TVP-VAR) model, we study the dynamic impact of uncertainty shocks on synchronization in housing markets. We find that the estimated national factor accurately tracks the overall housing market cycles in the UK and explains nearly all the variations in East, South–East, and South–West districts. Furthermore, the results from TVP-VAR indicate that the estimated response of the national factor to uncertainty shocks is negative. However, the magnitude of the effect is more pronounced and persists longer in the case of housing price uncertainty shocks compared to overall economic uncertainty. Overall, our results suggest that uncertainty about house prices is a primary driver of the national factor.
A South-African perspective : managing learners’ right to freedom of expression in the classroom
(Routledge, 2025) Kruger, Johan
This study explores how teachers in post-Apartheid South Africa manage classrooms to promote freedom of expression while maintaining boundaries and ensuring learner safety, in the context of the country’s complex political landscape and history of human rights violations. The findings highlight that classroom management styles influence learners’ ability to express themselves, either fostering or inhibiting this constitutional right. The study also identifies the creation of ‘Safe Spaces’, where learners can freely share their beliefs and opinions without fear of prejudice, as a crucial yet under-examined aspect of classroom dynamics. Additionally, the generational divide among educators plays a pivotal role in shaping attitudes, beliefs, and teaching practices, with older teachers often adhering to traditional, more restrictive methods, while younger teachers are more inclined to promote open expression.
UAV-based three-dimensional rough terrain modelling
(Elsevier, 2025-10) Hamersma, Herman Adendorff; Els, Pieter Schalk; Van Aswegen, Johan Christian; Guthrie, A. Glenn; Becker, Carl Martin; hermanh@up.ac.za
Accurate modelling of the interaction between a tyre and the terrain is crucial for successful vehicle dynamics simulation, particularly in challenging off-road conditions. This study introduces a novel approach for obtaining accurate 3D terrain models for vehicle simulation. An unmanned aerial vehicle (UAV) was used to develop three-dimensional terrain models of a various test tracks. These models were compared with measurements obtained from a traditional road profilometer. Excellent correlation between the two measurement approaches is found. The advantages of the UAV method lie in its speed without compromising accuracy and that measurements are immune to the terrain roughness. In contrast to the labour-intensive measurements required by a mechanical road profilometer and subsequent post-processing, the UAV approach requires minimal time and effort. The UAV method is not coupled to the terrain roughness, thus eliminating the drift associated with other ground-based approaches. The UAV method is insensitive to terrain deformation. This opens the door to modelling very rough and even deformable terrains and using these models for vehicle dynamics simulations in extreme off-road environments. Data analysis is prone to many potential pitfalls which can result in highly inaccurate results that are difficult to detect unless a reliable baseline is available for comparison.
Who conquered South Africa? Neocolonialism and economic sovereignty
(University of Wisconsin Press, 2024) Dladla, Ndumiso; ndumiso.dladla@up.ac.za
The right of conquest is a doctrine in the theory of international law in terms of which victory in war entitles the victor both to the title to territory of the vanquished as well as sovereignty over them. Far from being a mere event, however, conquest is an ongoing process, structure, and relation of domination. Despite the widely celebrated “transition to democracy” and the supposed triumph of popular sovereignty in South Africa in the past three decades, we argue that South Africa’s “democratic” constitutional order remains firmly rooted in the dubious right of conquest asserted since the defeat of its indigenous people in the unjust wars of Western colonization, which began in the mid-seventeenth century. In this article we critically reflect on South African historiography by asking “Who conquered South Africa”? The question is necessary because sovereign power is both misunderstood and obfuscated in South African contemporary history and public discourse. We argue that conquest, and its attendant concepts of sovereignty and war, are deliberately underemphasized in South African historiography despite being at the root of problems regarding economic sovereignty. Our argument considers the problem of succession to conquest, in terms of which both the title to territory and sovereignty over the conquered is transferred from the conqueror to another party who then enjoys these entitlements and powers. We trace various successors in title to Conquest South Africa, and show that their economic power originates in the right of conquest. Their ownership of South Africa’s natural resources originates in the title to territory acquired through its disseisin following the conquest of the indigenous people, and in the same way their continued de facto sovereignty over that population now takes the form of the wanton and relentless exploitation of their labor power.
Die formeelregtelike grondslag van die ex contractueis vir skadevergoeding weens kontrakbreuk
(Juta Law Journals, 2024) Cornelius, Steve J.
Parties generally enter into contractual relations with the sincere intention to fulfil all the obligations created in terms of their contract. However, for various reasons, parties sometimes do not comply with the terms of their contract. Where a party fails or refuses to perform their obligations as specified in their contract, that party commits breach of contract and the normal consequences for breach then ensue. One of these consequences is that the injured party may institute a claim for damages. The nature of this remedy has been called into question. Is a claim for damages due to breach of contract derived from the contractual relationship between the parties, or is it no more than a delictual claim presented under the guise of contract? The fundamental values underlying the law of contract are consensus and reliance, as well as freedom of contract, sanctity of contract (pacta sunt servanda), good faith and privity of contract. Freedom of contract and sanctity of contract demand that contracts that are freely entered into must be honoured and enforced. From this arises the principle that breach of contract occurs even if the failure or refusal to abide by the contract cannot be attributed to fault in the sense of a wilful disregard of the contract or a negligent failure to abide by the contract. This is in stark contrast with delict, where fault is generally required for liability. Furthermore, reliance and good faith also demand that the parties should honour their obligations in terms of the contract. This relationship based on reliance and good faith is broken when breach occurs, with the result that there is a need to provide redress to the injured party that can be derived from the contractual relationship. Lastly, privity of contract generally limits the effects of the contract, as well as the resultant rights and duties in terms of the contract, to the parties who contracted with each other. There is no such closed notion of privity in delict. The article aims to explore the law of contract from a historical perspective and from a comparative analysis of various jurisdictions today to determine the nature of the claim for damages due to breach of contract. It concludes that there are fundamental differences between a claim for damages due to breach and a claim for damages due to the wrongful and culpable conduct of a third party. As a result, it is clear that the claim for damages due to breach of contract is a claim ex contractu that must be distinguished from delictual claims.
Investigation of steer preview methods to improve predictive control methods on off-road vehicles with realistic actuator delays
(Elsevier, 2025-02) Peenze, Andries Jacobus; Els, Pieter Schalk; schalk.els@up.ac.za
This paper investigates improvements that can be made to predictive control methods for off-road vehicles by adding of realistic steering preview. The objective of this study is to improve the performance and efficacy of predictive controllers by accounting for significant time delays in active and semi-active systems on vehicles. Traditional zero-order and first-order hold methods for steer preview are compared to a more realistic steer preview method. Semi-active suspension, rear wheel steering, and individual brake actuation are used as the actuators on this off-road vehicle. The results show that the addition of a realistic steering preview improves the handling performance of the vehicle in a severe double lane change manoeuvre on rough roads. Up to 10% reduction in roll angle can be achieved with semi-active suspension control. A 34% reduction in side-slip angle is possible with rear wheel steering control and a 15% reduction in side-slip angle is achieved with differential braking control. The controllers can pre-empt and consider the effect of the actuator time delays, and the preview states from the predictive controller are more representative over the prediction horizon. The findings suggest that the addition of a realistic steering preview can improve the performance of predictive controllers on vehicles. Further investigation of other disturbances and their preview effects on the system should be conducted to find further improvements for predictive control strategies on vehicles.
A scoping review of the impact of the COVID-19 pandemic on family wellbeing in Africa
(Sage, 2025) Chigeza, Shingairai; Fadiji, Angelina Wilson; Matamela, Nyambeni A.; shingairai.chigeza@up.ac.za
Despite the immense interruptions to relationships and family life during the COVID-19 pandemic, only a few studies explicitly focused on family wellbeing. Therefore, the present study aimed to synthesize current evidence in the African context to provide a state-of-the-art representation of the pandemic's impact on family wellbeing. Using a scoping review, 22 articles on the impact of the COVID-19 pandemic on family wellbeing in Africa were analysed. The results of the study showed a diverse and immense impact of the pandemic on family wellbeing. We noted that there were few studies on this topic and that wellbeing outcomes were measured from a deficit perspective rather than as a positive state of being. The theme of stigma was more pronounced in Western Africa, whereas domestic violence was linked more to Southern African contexts. Furthermore, the economic impact of the pandemic was emphasized in Eastern and Southern African countries than in Ghana and Nigeria in Western Africa. In line with the recommendations from the articles reviewed, a multifaceted policy response is needed to protect family wellbeing. Such interventions need to focus on family functioning, happiness and social wellbeing, and not just reactive and preventative approaches, to promote wellbeing.
The application of the doctrine of informed consent in South African medical law : reflections on significant developments in the case law
(Juta Law Journals, 2024) Swart, Marno; Carstens, Pieter Albert, 1960-
The doctrine of informed consent is the foundation of the physician–patient relationship. This doctrine remains controversial despite its importance, and issues involving consent are frequently litigated. This article examines the application of the doctrine of informed consent in South African medical law as it has developed in South African case law . This examination first sets a normative background for consent as a ground of justification against a wrongful act in either contract or delict (or both) that is significantly influenced by the Constitution of the Republic of South Africa, 1996. Against this normative background, a selected anthology of nine significant judgments by South African courts is analysed, with specific attention paid to the critical shift prompted by the promulgation of the Constitution. Finally, the analyses of the nine judgments are consolidated and collated to draw conclusions about the triumphs and failings of the South African courts, based on the normative background. This analysis reveals which aspects of the doctrine of informed consent have crystallised in South African medical law and which remain unclear.
Insolvency, employment disqualification, and precarity
(LexisNexis, 2024-05) Mabe, Zingapi; Maloka, Tumo Charles
Hierdie artikel ondersoek die diskwalifikasie van insolvente persone om sekere beroepe te mag beoefen en die uitwerking daarvan op hulle vermoë om 'n inkomste te verdien. Die gevolge van sodanige diskwalifikasie is beide voor die hand liggend en gevarieerd. Die eerste aspek om in ag te neem is dat sekwestrasie van 'n skuldenaar se boedel insolvente skuldenaars van sekere regte ontneem en hulle regsbevoegdhede om te kontrakteer en te litigeer, asook om sekere ampte te beklee of om sekere beroepe te volg, beperk. Die tweede aspek hou verband met die erodering van moontlikhede om 'n lewensbestaan te maak – asook van werksekerheid. Die vermoë om 'n inkomste te verdien is 'n sentrale anker van die sekuriteit van indiensneming en burgerskap. Sodanige diskwalifikasie vererger die onsekerheid van indiensneming en belemmer die uitbreiding van grondwetlike en statutêre indiensnemingsbeskerming. Alhoewel die sekwestrasie van die boedel van 'n persoon nie daardie persoon se dienskontrak noodwendig outomaties beëindig nie, word toegang tot statutêre onbillike ontslagremedies ingevolge artikel 186 van die Wet op Arbeidsverhoudinge 66 van 1995 verswak omrede diensbeëindiging as gevolg van insolvensie analoog is aan geagte ontslag. Die artikel voer aan dat sodanige diskwalifikasie en daaropvolgende uitdiensstelling onvermydelik aanleiding gee tot onsekerheid van 'n lewensbestaan vir die insolvent.
Same-sex marriages, customary law, and insolvency
(LexisNexis, 2024-11) Mabe, Zingapi
In hierdie aantekening word artikel 21 van die Insolvensiewet 24 van 1936, in die besonder soos dit toepassing vind op paartjies van dieselfde geslag wat hulle huwelik in ooreenstemming met hulle kultuur onderhandel en gesluit het. Die aantekening fokus veral daarop of artikel 21 van toepassing is op insolvente skuldenaars in ŉ burgerlike verbintenis ingevolge die Wet op Burgerlike Verbintenisse 17 van 2006, en wat begerig is dat hulle verbintenis of huwelik erken moet word ingevolge die Wet op Erkenning van Gebruiklike Huwelike 120 van 1998. Die aangeleentheid word bespreek of artikel 21 van toepassing is op insolvente skuldenaars wat nie in ŉ burgerlike verbintenis staan nie, maar wat ŉ gebruiklike huwelik aangegaan het deurdat hulle lobolo betaal het, geskenke uitgeruil, en hulle verbintenis ooreenkomstig die inheemse gewoontereg bevestig het. Laastens ondersoek ek of artikel 21 van toepassing sal wees op ŉ poligame selfdegeslag gebruiklike huwelik. My gevolgtrekking is dat die definisie van “gade” in artikel 21(13) van die Insolvensiewet nie tussen lewende gewoontereg en amptelike gewoontereg onderskei nie, en dat dit bloot na enige gebruik verwys. Die bedoeling blyk dus te wees dat artikel 21 bestem was om van toepassing te wees op alle huwelike wat ooreenkomstig enige gebruik in Suid-Afrika gesluit is, ingevolge wetgewing al dan nie. ŉ Moeiliker kwessie wat uitgelig word, is egter die hantering van ŉ poligame selfdegeslag gebruiklike huwelik.
The solvent spouse's obligation to claim release of property - revisiting section 21 of the Insolvency Act 24 of 1936 : Van Dyk v Donnovan Theodore Majiedt Inc (4070/2021) [2021] ZAFSHC 246 (22 October 2021)
(LexisNexis, 2024-11) Boraine, A. (Andre), 1957-; Roestoff, Melanie
Hierdie vonnisbespreking handel oor vrae wat voortspruit uit die uitspraak van die Vrystaatse Hoë Hof in Van Dyk v Donnovan Theodore Majiedt Inc (4070/2021) [2021] ZAFSHC 246 (22 Oktober 2021) waar die hof die voorlopige kurators se bevoegdheid ingevolge artikel 18(3) van die Insolvensiewet 24 van 1936, om bates van ŉ insolvente boedel te verkoop, bevestig het. Alhoewel die uitspraak nie in hierdie opsig gekritiseer kan word nie, laat dit sekere vrae ontstaan na aanleiding van punte in limine wat die applikant, ŉ skuldeiser wat tussenbeide getree het, en die gade van die insolvent wat buite gemeenskap van goed met hom getroud is, geopper het. Die applikant het, onder andere, beweer dat haar insolvente gade ŉ bedrag geld aan haar geskuld het op grond van ŉ leningsooreenkoms wat sy met hom gesluit het. Die hof het nie hierdie eis of skuldoorsaak op die feite aanvaar nie. Die uitspraak dui egter daarop dat die beweerde eis in die insolvente boedel van die man gevestig het en dat die solvente gade dus eers vrygawe daarvan van die kurator sou moes eis alvorens sy daarop sou kon staatmaak (a 21 van die Insolvensiewet 24 van 1936). In hierdie bespreking, en in die lig van kritiek teen artikel 21 en ontwikkelings elders, word aangevoer dat hierdie uitspraak nog ŉ voorbeeld van die kritiek teen die artikel daarstel. Daar word aan die hand gedoen dat artikel 21 onhoudbaar in ŉ moderne insolvensieregstelsel is en dat daar meer aanvaarbare maniere is om met die aangeleentheid wat artikel 21 wil aanspreek, te handel. Daar word ook aangevoer dat selfs die aanvanklike rede vir die invoering van ŉ artikel 21-tipe bepaling – om die bewyslas vir die kurator te vergemaklik in die aanval op gesimuleerde transaksies tussen gades wat daarop gemik is om skuldeisers te bedrieg – nie hierdie toepassing van artikel 21 sou ondersteun nie.
The motif of worship, prayer, and prophecy in Luke 1:5-25 as a bridge between the Old Testament and the Gospel of Luke
(Stellenbosch University, 2024) Aryeh, Daniel N.A.
This article provides an exegetical contribution to the proposition by David E. Garland that the Old Testament period of the promise foundfulfilment in the New Testament. The specific contribution of this study is the elements/traces of a bridge between the Old Testament and the annunciation/nativity narrative of Luke 1:5-25. The Gospel of Luke is characterised by people worshipping, praying, and fulfilling prophecy, as evidenced in the first two chapters of the book. There have been studies on the nativity narrative of the Gospel of Luke which usually took a historical comparative approach between the birth narrative of Jesus and that of John, and investigations into the uniqueness of the story to Luke. It leaves out the thematic discussion of some ethoses of the annunciation narrative that seeks to provide an unflinching link to the Old Testament. This article examines worship, prayer, and prophecy in the annunciation and nativity narrative in Luke 1:5-25 to draw possible relationships to the Old Testament. The diachronic narrative-semantic method is used for the study. The findings are that the narrative alludes to Old Testament stories of worship, prayer, and fulfilment of prophecy and suggests a link or bridge between the Old and New Testaments.

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