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The test for duress in the South African law of contract

  • Authors: Glover, Graham B
  • Date: 2006
  • Language: English
  • Type: text , article
  • Identifier: http://hdl.handle.net/10962/70756 , vital:29726 , https://hdl.handle.net/10520/EJC53682
  • Description: Although it is well-known that a contract induced by duress is voidable at the instance of an aggrieved party, little analysis of this cause of action has been undertaken in South Africa. The test for duress developed by Wessels, and adopted by the courts in Broodryk v Smuts NO 1942 TPD 47, has exercised a vice-grip over this area of contract law. In this article, all five elements of the traditional South African test are subjected to critical examination, and their deficiencies are exposed and discussed. It is argued that the test is neither logically nor conceptually satisfactory, and has hampered development of this area of law. Trends in other jurisdictions, belonging to both the civil-law and the common-law families, are analysed and compared to South African law. On this basis a more modern and coherent test is proposed. This test would be two-pronged, and involve an assessment, in turn, of the lawfulness of the threat made and of whether the party who in fact succumbed to an unlawful threat and entered into the contract was legally justified in doing so.
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  • Date Issued: 2006

New Unity Movement Bulletin

New Unity Movement Bulletin

Metus in the Roman law of obligations

  • Authors: Glover, Graham B
  • Date: 2004
  • Language: English
  • Type: Article
  • Identifier: vital:6336 , http://hdl.handle.net/10962/d1012401
  • Description: [From the introduction]: An entire title of book four of Justinian’s Digest is devoted to explaining the doctrine of metus as it was understood at the time of the codification of the Roman law. That title begins with the following statement: "The praetor says: 'I will not hold valid what has been done under duress.'" This unequivocal statement of legal principle illustrates, in very general terms, that by the time the Corpus Iuris Civilis was compiled, the Romans disapproved of persons using threats to inspire the creation of legal obligations, and that it was possible to avoid the legal consequences of an obligation because it was induced by metus. The Corpus Iuris Civilis remains our most valuable source of authority with regard to how duress cases were treated in Roman times. But the relevant textual sources pose some fundamental difficulties. Far from containing a coherent, structured analysis of the law, the relevant passages in fact amount to a jigsaw-puzzle of uncoordinated, haphazard, and occasionally contradictory legal propositions
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  • Date Issued: 2004

Phylogenetics of advanced snakes (Caenophidia) based on four mitochondrial genes

  • Authors: Kelly, Christopher M R , Barker, Nigel P , Villet, Martin H
  • Date: 2003
  • Language: English
  • Type: Article
  • Identifier: vital:6960 , http://hdl.handle.net/10962/d1012005
  • Description: Phylogenetic relationships among advanced snakes ( Acrochordus + Colubroidea = Caenophidia) and the position of the genus Acrochordus relative to colubroid taxa are contentious. These concerns were investigated by phylogenetic analysis of fragments from four mitochondrial genes representing 62 caenophidian genera and 5 noncaenophidian taxa. Four methods of phylogeny reconstruction were applied: matrix representation with parsimony (MRP) supertree consensus, maximum parsimony, maximum likelihood, and Bayesian analysis. Because of incomplete sampling, extensive missing data were inherent in this study. Analyses of individual genes retrieved roughly the same clades, but branching order varied greatly between gene trees, and nodal support was poor. Trees generated from combined data sets using maximum parsimony, maximum likelihood, and Bayesian analysis had medium to low nodal support but were largely congruent with each other and with MRP supertrees. Conclusions about caenophidian relationships were based on these combined analyses. The Xenoderminae, Viperidae, Pareatinae, Psammophiinae, Pseudoxyrophiinae, Homalopsinae, Natricinae, Xenodontinae, and Colubrinae (redefined) emerged as monophyletic, whereas Lamprophiinae, Atractaspididae, and Elapidae were not in one or more topologies. A clade comprising Acrochordus and Xenoderminae branched closest to the root, and when Acrochordus was assessed in relation to a colubroid subsample and all five noncaenophidians, it remained associated with the Colubroidea. Thus, Acrochordus + Xenoderminae appears to be the sister group to the Colubroidea, and Xenoderminae should be excluded from Colubroidea. Within Colubroidea, Viperidae was the most basal clade. Other relationships appearing in all final topologies were (1) a clade comprising Psammophiinae, Lamprophiinae, Atractaspididae, Pseudoxyrophiinae, and Elapidae, within which the latter four taxa formed a subclade, and (2) a clade comprising Colubrinae, Natricinae, and Xenodontinae, within which the latter two taxa formed a subclade. Pareatinae and Homalopsinae were the most unstable clades.
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  • Date Issued: 2003

Volcanic rocks of the Witwatersrand triad, South Africa I: description, classification and geochemical stratigraphy

  • Authors: Bowen, Teral B , Marsh, Julian S , Bowen, Michael P , Eales, Hugh V
  • Date: 2003
  • Language: English
  • Type: text , article
  • Identifier: http://hdl.handle.net/10962/138682 , vital:37663 , https://doi.org/10.1016/0301-9268(86)90038-0
  • Description: The Witwatersrand triad contains thick volcanic sequences confined largely to the Dominion Group at the base and the Ventersdorp Supergroup at the top. These volcanic sequences are of late-Archaean to early-Proterozoic age and are amongst the oldest supracrustal volcanic sequences erupted onto the Archaean Kaapvaal craton. The volcanic rocks have suffered low-grade greenschist facies metamorphism but primary textures and, in some samples, primary mineralogies are well preserved.
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  • Date Issued: 2003

Magma flow inferred from AMS fabrics in a layered mafic sill, Insizwa, South Africa

  • Authors: Ferré, Eric C , Bordarier, Cecile , Marsh, Julian S
  • Date: 2002
  • Language: English
  • Type: Article
  • Identifier: vital:6733 , http://hdl.handle.net/10962/d1007543
  • Description: The Insizwa sill, is a 25-km-diameter, >1000-m-thick layered mafic intrusion, part of the Karoo Igneous Province in South Africa. The peridotitic and gabbronoritic rocks are undeformed and mineral fabrics demonstrably result from magma flow. A horizontal, centimeter-scale model layering is visible in numerous outcrops. Plagioclase crystals are both tabular and elongated. Their preferred orientation, parallel to the layering, forms a foliation and a NW–SE lineation, respectively interpreted as the magma flow plane and flow direction. Throughout the 78 stations of this study (699 specimens), magnetic susceptibilities (K[subscript m]) range from 750 to 10,000×10[superscript (−6)] SI. The magnetic anisotropy (P[subscript j]) ranges from 1.03 to 1.08. Magnetic ellipsoids are both prolate and oblate (average T[subscript j]≈0). Anisotropy of magnetic susceptibility (AMS) fabrics are dominated by multidomain to pseudo-single domain magnetite. High-field magnetic experiments indicate that the paramagnetic contribution from the mafic silicates is less than 50 percentage for low susceptibility rock types. The anisotropy results from magnetite grain shape solely as shown by no significant increase in P[subscript j] with increasing K[subscript m]. The magnetic lineation (305°, 05°) is consistent throughout the sill at various scales and coincides with the mineral lineation in average. In contrast, the magnetic foliation (125° NE 10°) is generally perpendicular to the mineral foliation and to the layering. Several explanations for this odd configuration are discussed. The variations of magnetic parameters across the layering and field observations point to a multiple injection. The magnetic lineation is consistent with the presence of a single feeder dike situated to the SE of the sill.
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  • Date Issued: 2002

Rosemary Smith - Inventory

Lesotho's general election of 1998 : rigged or de rigeur?

  • Authors: Southall, Roger J , Fox, Roddy C
  • Date: 1999
  • Language: English
  • Type: Article
  • Identifier: vital:6726 , http://hdl.handle.net/10962/d1006808
  • Description: The official result of Lesotho's general election of 1998, which saw a 79 out of 80 seat victory for the ruling Lesotho Congress of Democrats (LCD), was repudiated by the opposition, notably the former ruling Basotho National Party (BNP) and the Basutoland Congress Party (BCP). These latter parties were historic enemies but forged an alliance of convenience to contest the outcome of the election. By mobilising their supporters to occupy Maseru they successfully paralysed the capacity of the LCD to govern. After diplomatic preliminaries, this led to military intervention by South Africa and Botswana in September 1998 and their brokering of an agreement which restored the LCD to power, on the condition that a new election would be held within eighteen months, with the rules for that contest being discussed between the parties in the interim. That election has now been scheduled for April 2000. The article reviews the conduct and result of the general election of 1998. It concludes that the opposition's objections were largely spurious, but notes that the unbalanced nature of the LCD's victory – a product of the first-past-the-post electoral system – was a major cause of the wider crisis. It therefore proposes that any lasting settlement of political differences in Lesotho is going to require a new electoral system which will allow for a more inclusive outcome.
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  • Date Issued: 1999

Rhodes University Graduation Ceremony 1999

  • Authors: Rhodes University
  • Date: 1999
  • Language: English
  • Type: text
  • Identifier: vital:8133 , http://hdl.handle.net/10962/d1006778
  • Description: Rhodes University 1999 Graduation Ceremonies [at] 1820 Settlers National Monument Friday, 9 April 1999 at 18:00 p.m. [and] 10 April 1999 at 10:30 a.m. , The Installation of Gert Johannes Gerwel as Chancellor of Rhodes University to be followed by a Graduation Ceremony 1820 Settlers National Monument Friday, 9 April 1999 at 10:30 a.m. , Rhodes University 1999 Graduation Ceremony City Hall, East London Friday, 7 May 1999 at 18:00 p.m.
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  • Date Issued: 1999

Medical Aid plan

  • Authors: SACCAWU
  • Date: 1998
  • Subjects: SACCAWU
  • Language: English
  • Type: text
  • Identifier: http://hdl.handle.net/10962/137694 , vital:37550
  • Description: THE South African Commercial Catering and Allied Workers Union (Saccawu) launched a medical aid fund yesterday which the union said would be used as a springboard for the establishment of its own medical aid scheme. Saccawu assistant general secretary Herbet Mkhize said the fund would operate under Medscheme’s Meddent Medical Scheme for about nine months while the union conducted further research into establishing its own medical aid scheme. Mkhize said trade unions were no longer only competing with one another but also with legal firms that were now offering their services to workers. “Now a trade union has to convince potential members that it offers the best services, “Mkhize said.
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  • Date Issued: 1998

The war against privatisation

  • Authors: South African Municipal Workers Union_Workers News
  • Date: 1997-06
  • Subjects: Uncatalogued
  • Language: English
  • Type: text , pamphlet
  • Identifier: http://hdl.handle.net/10962/105759 , vital:32566
  • Description: Welcome to SAMWU’s first magazine. This is the magazine for all comrades so do not take it home and hide it under your pillow - carry it around and share it with other comrades and your family and community. There are many challenges facing SAMWU members and officials at the present time. Our jobs are at risk from privatisation. Our communities are at risk because big business wants to take away the little services we have now. It is our job to politicise communities to take our antiprivatisation campaign forward. Comrades, we must guard against corruption. Multinational companies are prepared to pay a lot of money to get what they want. We are also having a problem with our comrades in SANCO who are bidding for a 30 year contract for Nelspruit’s water and waste services.We don’t want to end up like Britain where people are buying water in bottles from shops because the water from the taps is undrinkable. We don’t want to be forced to buy bottled water that is more expensive than beer , here put any information that you think is important but there is no field for it, if there isnt remove the field
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  • Date Issued: 1997-06

The organisation and behaviour of interest groups: a theoretical review and application to South Africa

  • Authors: Sellars, Christian
  • Date: 1997-02
  • Subjects: Pressure groups -- South Africa , Pressure groups
  • Language: English
  • Type: text , book
  • Identifier: http://hdl.handle.net/10962/75949 , vital:30486
  • Description: In recent years. South Africa’s business and union leaders have often been called on to replicate the country’s substantial political achievements, in the economic sphere. Two important documents released in mid 1996 discuss the establishment of structures to facilitate dialogue between government, labour and business. The purpose of this would be to try to find ways of generating the growth and employment sorely needed in the country if democracy is to lead to any improvement in the living conditions of the majority. The government’s macroeconomic strategy paper - ‘Growth, Employment and Redistribution,’ commonly referred to as GEAR, was released first, followed by the report of the Labour Market Commission (LMC) convened by the President to investigate labour policy. The GEAR document proposes ‘a broad national agreement to create an environment for rapid growth, brisk investment and accelerated delivery of public services’ (1996: 26). The agreement would be needed to prevent the recent depreciation of the Rand from triggering a vicious cycle of wage and price increases which would destabilise financial markets and undermine the competitiveness of local industry. This could be achieved, GEAR argues, if labour and business were willing to consider the restraint of wages and prices. The idea of a national agreement is further elaborated in the LMC report, which proposes a ‘National Accord’ (1996). This proposal follows from the LMC’s belief that the negotiation of economic issues through institutional structures, as opposed to direct regulation by government statute, is both socially desirable and economically efficient (ibid, 219). Price restraint, wage restraint and investment decisions, together with tangible commitments from government on training, social welfare provision and industrial promotion would be the main issues covered by the accord. South Africa’s economic policy framework has been subject to heated debate since the release of GEAR. The union movement has expressed serious reservations about the market orientation of the government’s macroeconomic strategy. Given this position, together with the complex and fragmented structure of interest organisation in South Africa, the prospects for an accord or national agreement are not promising. Yet, the government has expressed the desire to set one up. This paper provides a review of political theory on interest groups. The purpose of this is to draw concepts and ideas from contributions in this area to see if they can shed any light on the nature of interest group interaction in South Africa, particularly with respect to the possibility of establishing a social accord. The review draws from two bodies of thought. The first is the theory of corporatism and the second that of public choice (often referred to as rational choice). Corporatist theory has enjoyed a fair degree of popularity amongst South African social scientists. However, the debate between them has not progressed very far, mainly due to confusion over terminology. Further, as argued Section 1, some local contributions have misread the international literature, ignoring aspects which might be of relevance to South Africa. These omissions are re-examined, but the section concludes that there are limitations in the extent to which corporatist theory is able to explain the dynamics of interest group formation and behaviour. Section 2 tries to find alternative explanations in the theory of public choice. The methodological integrity and general value of public choice theory has been strongly questioned (Green & Shapiro, 1994). While the paper provides a synopsis of public choice literature and a review of its critics, the focus is on the analysis of collective action. Despite the shortcomings which it shares with general public choice, this analysis provides useful theoretical pointers which can assist in developing an understanding of interest group dynamics which goes beyond corporatist theory. In the third section, the paper comes back to South Africa and looks at the recent history of interest organisation to establish whether any of the theoretical tools picked up in previous sections are helpful in understanding the local experience. After a general background, the section goes into the discussion of three particular issues, being: community participation in policy formation, trade policy and the labour market. Section 4 acknowledges that there is potential to build the capacity of interest organisations in South Africa and to restructure their interaction in socially beneficial ways. However, a number of issues are identified which mitigate against the conclusion of an effective social accord. These include the weaknesses evident in interest group organisation, the alliance between the African National Congress and the union federation Cosatu,1 and the absence of competition in South Africa at party political level. It is concluded that electoral reform might be a better means of democratising the country’s political environment than attempts at managing interest groups. , Working paper (South African Network for Economic Research) ; v. 1
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  • Date Issued: 1997-02

An African heritage of fishes : inaugural lecture delivered at Rhodes University

SACCAWU Medical Aid Plan

  • Authors: SACCAWU
  • Date: Dec 1997
  • Subjects: SACCAWU
  • Language: English
  • Type: text
  • Identifier: http://hdl.handle.net/10962/113700 , vital:33821
  • Description: THE South African Commercial Catering and Allied Workers Union (Saccawu) launched a medical aid fund yesterday which the union said would be used as a springboard for the establishment of its own medical aid scheme. Saccawu assistant general secretary Herbet Mkhize said the fund would operate under Medscheme’s Meddent Medical Scheme for about nine months while the union conducted further research into establishing its own medical aid scheme. Mkhize said trade unions were no longer only competing with one another but also with legal firms that were now offering their services to workers. “Now a trade union has to convince potential members that it offers the best services, “Mkhize said. “When you try to recruit a member, they would like to know what they will get out of it. You tell them about getting legal representation when they are unfairly dismissed and they are members of Legalwise. “If you do not offer more than just representation, then you have lost those members,” he said. Mkhize said just as banks were now under threat from retail outlets which were now offering banking facilities, unions were under pressure to improve their benefits for members and also broaden the scope of benefits. The new fund was put together' by Medscheme’s Negotiated Benefits Unit (NBU) and follows three years of research by Saccawu. NBU head John Eagles said the fund was unique in that it enabled members to register parents as dependants and that it had a range of benefit options.
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  • Date Issued: Dec 1997

SAMWU Workers News - June 1997

  • Authors: SAMWU
  • Date: June 1997
  • Subjects: SAMWU
  • Language: English
  • Type: text
  • Identifier: http://hdl.handle.net/10962/137754 , vital:37556
  • Description: Welcome to SAMWU’s first magazine. This is the magazine for all comrades so do not take it home and hide it under your pillow - carry it around and share it with other comrades and your family and community. There are many challenges facing SAMWU members and officials at the present time. Our jobs are at risk from privatisation. Our communities are at risk because big business wants to take away the little services we have now. It is our job to politicise communities to take our antiprivatisation campaign forward. Comrades, we must guard against corruption. Multinational companies are prepared to pay a lot of money to get what they want. We are also having a problem with our comrades in SANCO who are bidding for a 30 year contract for Nelspruit’s water and waste services. We don’t want to end up like Britain where people are buying water in bottles from shops because the water from the taps is undrinkable. We don't want to be forced to buy bottled water that is more expensive than beer.
  • Full Text:
  • Date Issued: June 1997

Workers News - The war against privatisation 1997

  • Authors: SAMWU
  • Date: June 1997
  • Subjects: SAMWU
  • Language: English
  • Type: text
  • Identifier: http://hdl.handle.net/10962/113667 , vital:33818
  • Description: SAMWU continues to fight against the privatisation of more and more services. Even’ region is facing different struggles, but let’s not forget that we are all fighting against one thing: the notion that services should be provided for profit and not to meet needs. Let’s learn about each other’s struggles so that we can prepare for united mass action! Local Authorities here are proposing to privatise the security departments of Duiwelskloof and Potgiet- ersrus TLC. In Naboom- spruit, it has been proposed that meter reading services be contracted out to private companies. Council has also spoken of putting out tenders for the maintenance of the Tzaneen cemetry. So comrades can see that we are fighting privatisation on many fronts! In Queenstown, council is attempting to privatise the refuse collection service. IMATU has joined SAMWU in rejecting this. At the moment we are trying to arrange a meeting with community structures in order to put our position forward to them. Umtata municipality proposed privatisation of the ambulance and fire departments, but noting union opposition, scheduled a meeting with SAMWU and IMATU to discuss this further. Our Aberdeen comrades are to be congratulated! We have heard that they have gone from door to door in their communities educating others about the dangers of privatisation!
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  • Date Issued: June 1997

6th National Congress Resolutions

  • Authors: COSATU
  • Date: 1996
  • Subjects: COSATU
  • Language: English
  • Type: text
  • Identifier: http://hdl.handle.net/10962/152499 , vital:39284
  • Description: COSATU must intervene in affiliates where it has identified problems, where problems have been brought to its attention and / or has been requested to do so. The CEC should draw guidelines on how and under which circumstances the federation and its structures may intervene taking into account clauses 3.9 and 3.10 of the constitution. Such intervention should not undermine affiliates where such problems exist. COSATU leadership must be visible during major disputes between affiliates and employers and co-ordinate solidarity with workers involved in such disputes.
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  • Date Issued: 1996

6th National Congress Resolutions

  • Authors: COSATU
  • Date: 1996
  • Subjects: COSATU
  • Language: English
  • Type: text
  • Identifier: http://hdl.handle.net/10962/110205 , vital:33247
  • Description: COSATU must intervene in affiliates where it has identified problems, where problems have been brought to its attention and / or has been requested to do so. The CEC should draw guidelines on how and under which circumstances the federation and its structures may intervene taking into account clauses 3.9 and 3.10 of the constitution. Such intervention should not undermine affiliates where such problems exist. COSATU leadership must be visible during major disputes between affiliates and employers and co-ordinate solidarity with workers involved in such disputes.
  • Full Text:
  • Date Issued: 1996

6th National Congress Resolutions

  • Authors: COSATU
  • Date: 1996
  • Subjects: COSATU
  • Language: English
  • Type: text
  • Identifier: http://hdl.handle.net/10962/116111 , vital:34298
  • Description: COSATU must intervene in affiliates where it has identified problems, where problems have been brought to its attention and / or has been requested to do so. The CEC should draw guidelines on how and under which circumstances the federation and its structures may intervene taking into account clauses 3.9 and 3.10 of the constitution. Such intervention should not undermine affiliates where such problems exist. COSATU leadership must be visible during major disputes between affiliates and employers and co-ordinate solidarity with workers involved in such disputes.
  • Full Text:
  • Date Issued: 1996
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