Africa Ltd Research Articles

Administrative Bias in South Africa


 This article reviews the interpretation of section 6(2)(a)ii of the Promotion of Administrative Justice Act which makes an administrator “biased or reasonably suspected of bias” a ground of judicial review. In this regard, the paper reviews the determination of administrative bias in South Africa especially highlighting the concept of institutional bias. The paper notes that inspite of the formulation of the bias ground of review the test for administrative bias is the reasonable apprehension test laid down in the case of President of South Africa v South African Rugby Football Union(2) which on close examination is not the same thing. Accordingly the paper urges an alternative interpretation that is based on the reasonable suspicion test enunciated in BTR Industries South Africa (Pty) Ltd v Metal and Allied Workers Union and R v Roberts. Within this context, the paper constructs a model for interpreting the bias ground of review that combines the reasonable suspicion test as interpreted in BTR Industries and R v Roberts, the possibility of the waiver of administrative bias, the curative mechanism of administrative appeal as well as some level of judicial review exemplified by the jurisprudence of article 6(1) of the European Convention of Human Rights, especially in the light of the contemplation of the South African Magistrate Court as a jurisdictional route of judicial review.
 

World Bank CCS Program Activities in Botswana – Results and Lessons Learned

The World Bank Carbon Capture and Storage Trust Fund (CCS TF) was established in 2009 to support CO2 capture and storage (CCS) capacity and knowledge building in developing countries11The WB CCS TF donors include the governments of the United Kingdom and Norway, and the Global Carbon Capture and Storage Institute. CCS TF Phase 1 support for CCS in Botswana included an allocation of USD 1.4 million and had the objective of supporting the Government of Botswana in the following areas:1.Identifying potential geological reservoirs that can be utilized to store CO2 captured from coal-fired power plants;2.Evaluating institutional and regulatory arrangements for CCS deployment in the country and recommendations for reinforcing institutional capacity; and3.Providing training, education and capacity building at all stages throughout implementation, including a Study Tour for key individuals.For all three studies, the WB selected Environmental Resources Management Southern Africa (Pty) Ltd (ERM) as the lead consultant, in association with Wellfield Geosciences (Botswana) and Carbon Counts Company (UK) Ltd.The completed geological assessment found that there may be technical potential for geological storage of CO2 in Botswana's geological formations within the Kalahari Karoo Basin, including three areas of interest -- the Passarge Basin, the Lephephe Graben and the Mmashoro Low. There is, however, a general lack of CO2 storage-relevant geological data that needs to be developed, if a more accurate assessment of CO2 storage potential is to be undertaken. The Passarge Basin was seen to be worthiest of additional investigation, which could be done through the re-examination of existing data or through new geological exploration. The Mashoro Low and Lephephe Graben are in close proximity to the centres of current coal-bed methane (CBM) exploration, suggesting that the integration of CBM exploitation and CO2 storage processes could be considered.The regulatory and institutional assessment reviewed how CO2 storage could be implemented under the existing legislation and regulation, and identified the gaps, not covered within the existing framework. The assessment found that existing regulatory acts provide certain coverage for most of key elements of the CO2 storage life-cycle, including: storage site prospecting; storage site development licensing/permitting; regulatory oversight; and, provisions for mid- to long-term liability where a holder of the waste management license incurs a 30-year liability period. However, some clarification is needed to ensure this is the case. Also, the establishment dedicated government body, mandated to lead the development of CCS would benefit the ongoing CCS program in Botswana.If the Government of Botswana intends to pursue the development of the institutional and technical capacity for development and deployment of CCS technology in Botswana, the following activities should be considered:•Building CCS awareness and strengthening coordination across government and industry;•Establishment of a CCS technical implementation plan, including the preparation of a CCS roadmap; and•Carrying out additional analysis of existing geological data relating to one or more of the formations identified.Based on the experience gained from the execution of this study, the next phase of CCS development in Botswana, as well as similar activities elsewhere would benefit from:•Increased government and stakeholder involvement in all stages of the study;•A formally mandated government partner to support the undertaking of the study and to implement and take forward the findings; and•External technical input/review from experts with experience in the development and execution of CO2 storage projects. This could take the form of a project specific technical advisory panel or a technical panel we a broader mandate across all the CCS TF's activities.

The Impact of the National Credit Act 34 of 2005 on the Enforcement of a Mortgage Bond: Sebola v Standard Bank of South Africa Ltd 2012 5 SA 142 (CC)


 When a mortgagor is in default and the mortgagee wants to enforce the debt the National Credit Act (hereafter the NCA) may apply. A credit agreement may be enforced in court by a credit provider against a defaulting debtor only once the requirements of sections 129 and 130 of the NCA have been adhered to. If a mortgagor (who is a protected consumer in terms of the NCA) is in default, the mortgagee must deliver a section 129(1) notice to the consumer, thereby drawing the default to the attention of the consumer. For a number of years there has been uncertainty about the interpretation of section 129(1) and how it affects the execution procedure in the case of a mortgage bond over immovable property. The recent Constitutional Court judgment of Sebola v Standard Bank 2012 5 SA 142 (CC) overturns, to my mind, the more reasonable approach to such notices in Rossouw v Firstrand Bank Ltd (2010 6 SA 439 (SCA)). It was held in Sebola that before instituting action against a defaulting consumer, a credit provider must provide proof to the court that a section 129(1) notice of default (i) has been despatched to the consumer's chosen address and (ii) that the notice reached the appropriate post office for delivery to the consumer, thereby coming to the attention of the consumer. In practical terms the credit provider must obtain a post-dispatch "track and trace" print-out from the website of the South African Post Office. There is now a much heavier burden on a bank to ensure that proper proof is provided that the notice was sent and delivered to the correct address. Consequently it places another hurdle in the path of a mortgagee who wishes to foreclose.

Editorial

Editorial
 The first 11 articles in the first issue of 2014 deal with global legal topics ranging from outer space to domestic South African matters and legal challenges in other African countries, such as Uganda, Nigeria and Zimbabwe. Anél Ferreira-Snyman discusses legal challenges relating to the commercial use of outer space, with specific reference to space tourism. She points out that the current legal framework is outdated and no longer deals adequately with the rapidly developing space tourism industry. Further away from the moon, although it deals with creations of the mind and is just as mysterious for the average person, is the contribution of André van der Walt and Richard Shay, which analyses the South African Constitutional Court's treatment of intellectual property. They focus on the methodology that the Court has formulated to assess if state interference complies with constitutional provisions to determine if state intervention into property interests has been legitimate. The third contribution, by Joel Baloyi, also deals with a creation of the mind, namely copyright. He attempts through a comparative analysis to demystify the role of copyright as a tool for economic development in Africa and criticises the stifling effect the transferability principle has on the effectiveness of copyright in certain African countries. Bradley Slade discusses the differences between the concepts "public purpose" and "public interest" in the context of third party transfers as a result of property being expropriated for the realisation of public purposes in the fourth contribution. The influence of the Constitution of South Africa, 1996 on organ transplants is the topic of the fifth contribution, by Debbie Labuschagne and Pieter Carstens. They come to the conclusion that the South African government has failed to provide an effective legal framework to relieve the shortage of human organs available for transplantation. Sixthly, Lize Mills discusses recently proposed regulations prohibiting the advertising and promotion of infant formulae and other products marketed as being suitable for infants or young children with the purpose of promoting breast-feeding. The last five articles move further afield and deal with legal issues elsewhere in Africa. Dana van der Merwe gives a comparative overview of the relationship between digital information in certain legal fields in South Africa and Uganda. Nazreen Shaik-Premanov examines Zimbabwe's Marange conflict diamond situation and Lovemore Chiduza analyses the Zimbabwean constitutional provisions on judicial independence. Peter Obutte scrutinises ICT laws in Nigeria and the last two authors, Serges Kamga and Ogechukwu Ajoku, reflect on addressing human rights violations by extractive industries in both South Africa and Nigeria.
 Four notes are also published in this issue. The first one is an overview article by Christa Rautenbach dealing with the modern-day impact of cultural and religious diversity as reflected in the book on "Managing Family Justice in Diverse Societies". The other four notes are case discussions. The first one is a discussion of the case of Government of the Republic of Zimbabwe v Louis Karel Fick by Erika de Wet. The second one is a discussion of the case of Le Sueur v eThekwini Municipality by Warren Freedman, and the last one is a discussion of the case of Apollo Tyres v South Africa (Pty) Ltd v CCMA by Shamier Ebrahim.
 

The Interpretation to be accorded to the Term "Benefits" in Section 186(2)(A) of the LRA Continues: Apollo Tyres South Africa (PTY) LIMITED v CCMA (DA1/11) [2013] ZALAC 3

The interpretation to be accorded to the term benefits in section 186(2)(a) of the Labour Relations Act 66 of 1995 (the "LRA") has come before the Courts on several occasions. In terms of section 186(2)(a) of the LRA any unfair act or omission by an employer relating to the provision of benefits to an employee falls within the ambit of an unfair labour practice. In Schoeman v Samsung Electronics SA (Pty) Ltd[1] the Labour Court (the "LC") held that the term benefit could not be interpreted to include remuneration. It stated that a benefit is something extra from remuneration. In Gaylard v Telkom South Africa Ltd[2] the LC endorsed the decision in Samsung and held that if benefits were to be interpreted to include remuneration then this would curtail strike action with regard to issues of remuneration. In Hospersa v Northern Cape Provincial Administration[3] the issue regarding the interpretation of the term benefits did not relate to whether or not it included remuneration but rather to whether it included a hope to create new benefits which were non-existent. The Labour Appeal Court (the "LAC") held that the term benefits refers only to benefits which exist ex contractu or ex lege but does not include a hope to create new benefits. The LAC adopted this approach in order to maintain the separation between a dispute of interest and one of mutual interest, the latter being subject to arbitration whilst the former is subject to the collective bargaining process (strike action).
 
 In Protekon (Pty) Ltd v CCMA[4] the LC disagreed with the reasoning in Samsung and held that the term remuneration as defined in section 213 of the LRA is wide enough to include payment to employees, which may be described as benefits. The LC remarked that the statement in Samsung to the effect that a benefit is something extra from remuneration goes too far. It further remarked that the concern that the right to strike would be curtailed if remuneration were to fall within the ambit of benefits need not persist. It based this statement on the reasoning that if the issue in dispute concerns a demand by employees that certain benefits be granted then this is a matter for the collective bargaining process (strike action) but where the issue in dispute concerns the fairness of the employer’s conduct then this is subject to arbitration.[5]
 
 It is then no surprise that the issue regarding the interpretation of the term benefits once again came before the LAC in Apollo Tyres South Africa (Pty) Limited v CCMA & others.[6] The LAC was tasked with deciding if the term could be interpreted to include a benefit which is to be granted subject to the discretion of the employer upon application by the employee. In deciding this, the LAC overturned the decisions in Samsung and Hospersa and opted to follow the decision in Protekon.
 
 Apollo is worthy of note as it is the latest contribution from the LAC regarding the interpretation of the term benefits and it is of binding force for the Commission for Conciliation Mediation and Arbitration and Labour Courts in terms of the principle of stare decisis. The purpose of this note is threefold. Firstly, the facts, arguments and judgment in Apolloare stated briefly. Secondly, the judgment is critically analysed and commented upon. Thirdly, the note concludes by commenting on the way forward for benefit disputes in terms of section 186(2)(a) of the LRA.
 
 
 
 

What Constitutes a Benefit by Virtue of Section 186(2) of the Labour Relations Act 66 of 1995? Apollo Tyres South Africa (Pty) Ltd v CCMA 2013 5 BLLR 434 (LAC)

The uncertainty surrounding the concept benefit as provided for in section 186(2) of the Labour Relations Act 66 of 1995 was created not by the courts but rather by the legislature. The concept is not defined and clearly has a wide ambit. In previous decisions the courts upheld a restrictive interpretation of benefits to maintain the divide between disputes of interest and disputes of rights and to ensure that issues that should be the subject of negotiation could not become issues that can be decided by an arbitrator. Previously the courts insisted that a benefit was something arising out of a contract or law. In the Apollo case the court had to determine what constitutes a benefit and if a benefit is limited to an entitlement which arises ex contractu or ex lege. The court found that the early retirement scheme was a benefit, although the employee at that stage did not have a contractual entitlement to the benefit and that the benefit was subject to the employer's discretion. What becomes clear from this case is that the unfair labour practice jurisdiction cannot be used to assert an entitlement to new benefits, new forms of remuneration or new policies. The Labour Appeal Court criticizes the distinction between salaries and remuneration drawn by our courts and describes it as artificial and unsustainable. Under the unfair labour practice regime the conduct of the employer may be scrutinized by the CCMA in at least two instances, namely when an employer fails to comply with a contractual obligation, an entitlement or right that an employee may have in terms of a statute, and secondly when an employer exercises a discretion under the contractual terms of a scheme conferring a benefit, including situations where the employer enjoys a discretion in terms of benefits provided in terms of a policy or practice - rights created judicially. This decision places the emphasis on the employer's actions and the unfairness of such acts or omissions.

Editorial

The first edition of 2015 boasts 13 contributions dealing with a variety of topics. The first article, by Ben Coetzee Bester and Anne Louw, discusses the persistence of the "choice argument", which is based on the rationale that domestic partners who choose not to marry cannot claim spousal benefits, and arrives at the conclusion that legislation should differentiate between registered and unregistered domestic partnerships for the purpose of spousal benefits. Ernst Marais has written two articles on expropriation. In the first he examines the meaning and role of state acquisition in South African law and in the second he deals with the distinction between deprivation and expropriation in the light of Agri South Africa v Minister for Minerals and Energy 2013 4 SA 1 (CC), where the Constitutional Court recently revisited the distinction between the two concepts and held that the distinguishing feature of expropriation is that it entails state acquisition of property, whilst deprivation takes place where there is no such acquisition. The fourth article, by Emeka Amechi, explores the measures taken by the National Recordal System and Disclosure of Origins in leveraging traditional knowledge within the structure, content and conceptual framework of the patent system in South Africa. The South African Companies Act and the realization of corporate human rights responsibilities is the focus of Manson Gwanyanya's article. He comes to the conclusion that the wording of the Act is such that it prevent human rights abuses by companies. In her contribution Melanie Murcott discusses the development of the doctrine of legitimate expectations in South African law and the failure of the Constitutional Court to develop the doctrine even further in the recent case of Kwazulu-Natal Joint Liaison Committee v MEC for Education, Kwazulu Natal. The second last article, which is by Lucyline Murungi, considers the implementation of the UN Convention on the Rights of Persons with Disabilities (2006) to provide for inclusive basic education in South Africa, and the last article, which is by Matome Ratiba, examines the significance of places of worship for Native Americans and demonstrates the valuable lessons South Africa could learn from the earth jurisprudence that has developed in the USA and elsewhere. The first note, authored by Magdaleen Swanepoel, discusses legal issues with regard to mentally ill offenders with specific reference to the cases where mental illness is raised as a defence in criminal cases. The second note, by Michelle Fuchs, deals with recent legal developments relating to the formalities involved when a mortgagee wants to declare immovable property executable to satisfy outstanding debt. The last contribution in this edition is a case note by Elmarie Fourie. She considers the question of what constitutes a benefit in terms of section 186(2) of the Labour Relations Act 66 of 1995, which was examined in Apollo Tyres South Africa (Pty)Ltd v CCMA 2013 5 BLLR 434 (LAC).
 

Farm Frites v International Trade Administration Commission Case 33264/14 GN

On 20 May 2014, in the High Court, Bam J passed judgement that may have far-reaching implications for the administration of the law of unfair international trade, specifically anti-dumping law, in South Africa. It is submitted that the decision could lead to abuse of administrative powers by the International Trade Administration Commission (ITAC), the authority responsible for conducting anti-dumping investigations. This is the second judgement that severely curtails the rights of interested parties, following on International Trade Administration Commission v SCAW South Africa (Pty) Ltd Case CCT 59/09 2010 (CC) 6.

The interpretation to be accorded to the term "Benefits" in section 186(2)(A) of the LRA continues: Apollo Tyres South Africa (Pty) Limited V CCMA (Da1/11) [2013] Zalac 3

The interpretation to be accorded to the term benefits in section 186(2)(a) of the Labour Relations Act 66 of 1995 (the LRA) has come before the Courts on several occasions. In terms of section 186(2)(a) of the LRA any unfair act or omission by an employer relating to the provision of benefits to an employee falls within the ambit of an unfair labour practice. In Schoeman v Samsung Electronics SA (Pty) Ltd the Labour Court (the LC) held that the term benefit could not be interpreted to include remuneration. It stated that a benefit is something extra from remuneration. In Gaylard v Telkom South Africa Ltd the LC endorsed the decision in Samsung and held that if benefits were to be interpreted to include remuneration then this would curtail strike action with regard to issues of remuneration. In Hospersa v Northern Cape Provincial Administration the issue regarding the interpretation of the term benefits did not relate to whether or not it included remuneration but rather to whether it included a hope to create new benefits which were non-existent. The Labour Appeal Court (the LAC) held that the term benefits refers only to benefits which exist ex contractu or ex lege but does not include a hope to create new benefits. The LAC adopted this approach in order to maintain the separation between a dispute of interest and one of mutual interest, the latter being subject to arbitration whilst the former is subject to the collective bargaining process (strike action). In Protekon (Pty) Ltd v CCMA the LC disagreed with the reasoning in Samsung and held that the term remuneration as defined in section 213 of the LRA is wide enough to include payment to employees, which may be described as benefits. The LC remarked that the statement in Samsung to the effect that a benefit is something extra from remuneration goes too far. It further remarked that the concern that the right to strike would be curtailed if remuneration were to fall within the ambit of benefits need not persist. It based this statement on the reasoning that if the issue in dispute concerns a demand by employees that certain benefits be granted then this is a matter for the collective bargaining process (strike action) but where the issue in dispute concerns the fairness of the employer’s conduct then this is subject to arbitration. It is then no surprise that the issue regarding the interpretation of the term benefits once again came before the LAC in Apollo Tyres South Africa (Pty) Limited v CCMA & others. The LAC was tasked with deciding if the term could be interpreted to include a benefit which is to be granted subject to the discretion of the employer upon application by the employee. In deciding this, the LAC overturned the decisions in Samsung and Hospersa and opted to follow the decision in Protekon. Apollo is worthy of note as it is the latest contribution from the LAC regarding the interpretation of the term benefits and it is of binding force for the Commission for Conciliation Mediation and Arbitration and Labour Courts in terms of the principle of stare decisis. The purpose of this note is threefold. Firstly, the facts, arguments and judgment in Apollo are stated briefly. Secondly, the judgment is critically analysed and commented upon. Thirdly, the note concludes by commenting on the way forward for benefit disputes in terms of section 186(2)(a) of the LRA.

Cheques: Honour, Dishonour and Re-Honour. Standard Bank of South Africa Ltd v Peens, 2005 1 SA 315 (SCA)

This decision deals with a number of important aspects of the law relating to cheques, such as kiting (also known as cross-firing, round-tripping or merry-go-round), the effect of the drawer's liquidation on the drawee's duty and authority to pay a cheque in terms of section 73 of the Bills of Exchange Act 34 of 1964, and most importantly, whether a drawee bank may return a cheque as unpaid after the clearing period has elapsed, despite fraud on the part of the drawer.

Preface to the special issue Mathematics in Finance

The special issue Mathematics in Finance (published in two parts, volume 1 and 2, May and June 2012) originates with the international conference Mathematics in Finance held at the Berg-en-Dal camp of the Kruger National Park in South Africa, 21–26 August, 2011. The event is held triennially and this meeting was the fourth of its kind. All four conferences have been sponsored by Rand Merchant Bank and the Standard Bank of South Africa Ltd. The venue is very beautiful and highly conducive to a relaxed and informal atmosphere in which discussion can take place. It was clear from the response of the participants that the occasion was a great success. A very broad range of papers in financial, risk and insurance mathematics were presented. Invited papers were offered by Lane Hughston (University College London), Bernt Oksendal (University of Oslo), Martin Schweizer (ETH Zurich), William Shaw (University College London), Hans Follmer (Humboldt University), Matheus Grasselli (McMaster University), Andrea Consiglio (Universita’ degli Studi di Palermo), Dorje Brody (Brunel University) and Walter Schachermayer (University of Vienna). Although the conference name may seem somewhat limiting, in fact it encompasses an array of research efforts in finance and economics, and the papers presented during the conference were testimony to this. It is important to bear in mind the significance that novel mathematical results, ideas and techniques have on the analysis and development of financial markets. This gathering brings together research academics and practitioners from all areas of financial economics and quantitative finance, and in this manner strengthens and informs the links between academia and the financial industry. The special issue is the result of a commitment to these principles on the part of the journal Mathematics and Financial Economics and its Editor-in-chief Ivar Ekeland. The high quality of the papers in the special edition is further confirmation of the standard of the conference and we thank the panel of editors and especially the authors for their contribution. All papers have undergone the standard anonymous refereeing process of Mathematics and Financial Economics.

Largest sea-water desalination plant in South Africa is supplied in record time

Water and wastewater treatment company Veolia Water Solutions & Technologies South Africa (Pty) Ltd has supplied, in record time, what is considered to be South Africa's largest sea-water desalination plant. The project, which would normally take twelve months to complete was finished in six, as this brief case study explains.

Administrative bias in South Africa

This article reviews the interpretation of section 6(2)(a)ii of the Promotion of Administrative Justice Act which makes an administrator “biased or reasonably suspected of bias” a ground of judicial review. In this regard, the paper reviews the determination of administrative bias in South Africa especially highlighting the concept of institutional bias. The paper notes that inspite of the formulation of the bias ground of review the test for administrative bias is the reasonable apprehension test laid down in the case of President of South Africa v South African Rugby Football Union(2) which on close examination is not the same thing. Accordingly the paper urges an alternative interpretation that is based on the reasonable suspicion test enunciated in BTR Industries South Africa (Pty) Ltd v Metal and Allied Workers Union and R v Roberts. Within this context, the paper constructs a model for interpreting the bias ground of review that combines the reasonable suspicion test as interpreted in BTR Industries and R v Roberts, the possibility of the waiver of administrative bias, the curativemechanism of administrative appeal as well as some level of judicial review exemplified by the jurisprudence of article 6(1) of the European Convention of Human Rights, especially in the light of the contemplation of the South African Magistrate Court as a jurisdictional route ofjudicial review.

Circumcision complications associated with the Plastibell device.

To the Editor: Sociocultural or non-medical circumcision continues to be a common practice in the Western Cape. The Plastibell (Hollister Inc., Libertyville, Ill., USA) is the most frequently used device in the local community setting. Hollister South Africa (Pty) Ltd sold 6 050 Plastibell devices in South Africa in 2003. Popularity of the device can be ascribed to its claimed ‘ease of use’. It involves a technique that can be performed under local anaesthetic.

Audit of efficacy of Coartem™ to clear plasmodium falciparum malaria parasitaemia at single forty-two day follow-up

SummaryBackground: A follow-up study was undertaken to assess the efficacy of Coartem™ tablets (20 mg artemether and 120 mg lumefantrine—Novartis South Africa (Pty) Ltd) to clear plasmodium falciparum malaria parasitaemia at a single 42-day follow-up, with 42 days being chosen in order to detect early emergence of resistance. The study was performed at Ndumo Clinic and Mosvold Hospital in the Ingwavuma District of KwaZulu-Natal, South Africa in January/February 2002.Method: The study included 37 patients presenting to Ndumo Clinic and two presenting to Mosvold Hospital with uncomplicated malaria diagnosed by symptoms and a positive immunochromographic test (ICT) for plasmodium falciparum. The main outcome measures were Trophozoite counts on thick film and polymerase chain reaction parasite analysis of blood spot at day 42.Results: Only 31 of the 37 recruited patients were confirmed to be suffering from malaria by polymerase chain reaction (PCR). Of the 31, 24 returned for follow-up. One patient had parasi...

Small wind: Being ignored in Eastern Africa?

Experience with wind systems in many regions of Africa has largely been in the water-pumping sector. Whereas water pumps can be found in the remotest parts of Africa, very few wind electric systems exist. Bernard Osawa, Energy for Sustainable Development Africa (ESDA) Ltd and David Otieno, Solarnet describe the current potential and uptake of this technology in Eastern Africa.

Howden Africa Ltd, South Africa

The members of a set of overlapping fragments of λ DNA have been isolated. The set is divided into two groups, the right and left families. All members of the right family contain the cohesive site at the right end of λ DNA; members of the left family contain the cohesive site at the left end. The members of each family differ in molecular length and this characteristic was used to order and to isolate the fragments. Each family is comparable to an ordered set of overlapping deletions and the principles of deletion mapping can therefore be applied to both chemically and genetically defined characteristics of λ DNA.Mapping of mutant loci is possible because (1) all fragments in a family are active in the Kaiser-Hogness helper phage assay for genetic activity, and (2) the distance between a given locus and that end of λ DNA denning the family is equal to the length of the shortest fragment which contains the locus. The lengths of such fragments were determined from their sedimentation coefficients to yield the following positions for six amber mutations, expressed as fR, the fraction of the length of whole λ DNA measured from the right end: N7, 0·268; O29, 0·214; P80, 0·186; Q21, 0·090; R54, 0·55; R221, 0·052. The left boundary of the immλimm434 non-homology region was mapped at fR= 0·252.The advantage of the mapping methods described here is that they are applicable to point mutations and to characteristics which can be defined by direct chemical analysis of the DNA. In the following paper (Champoux & Hogness, 1972), the position and orientation of the ten specific sequences which generate poly(rG) binding sites and the topography of base composition in λ DNA were determined.

Audit of failure rate of CoartemTM to treat falciparum malaria at single fourteen-day follow-up

Objective. To assess the failure rate of the new first line treatment regime for uncomplicated falciparum malaria in KwaZulu-Natal of CoartemTM tablets (20mg artemether and 120mg lumefantrine — Novartis South Africa (PTY) Ltd). Design. A before-after study1. Setting. Ndumo Clinic, Ingwavuma District, KwaZulu-Natal, South Africa, February 2001. Study Group. 67 patients presenting to Ndumo clinic with uncomplicated malaria. diagnosed by symptoms and positive immunochromographic test for plasmodium falciparum. Main outcome measures. Trophozoite count on thick film at day 14. Results. All of the 58 follow-up slides obtained were negative. 8 patients failed to return, and 1 slide washed off. Only 43 smears were positive at day 0 of which 36 had follow-up smears. Conclusions. No resistance to CoartemTM was shown at day 14, and CoartemTM has been shown to be more effective at clearing falciparum malaria parasites than a previous regime of sulfadoxine/pyrimethamine with chloroquine. Keywords: Falciparum malaria, artemether,Lumefantrine SA Fam Prac Vol.25(3) 2002: 8-12

Pilkington Glass in South Africa 1882–1992

The Pilkington records at St Helens in north-west England contain a great deal about glass importation, processing and manufacture in South Africa between the 1880s, when J.R. and R.H. Pritchard, general commission agents at Cape Town, began to act for them, until March 1992 when they sold their 48 per cent interest in Glass South Africa (Pty) Ltd to Plate Glass and Shatterprufe Industries. Throughout most of this time the English company, which made plate and sheet (window) glass, but never bottles.

Misdirected Funds: Problems of Uncertainty and Inconsistency

The recent cases of Lipkin Gorman v Karpnale LtdI and Agip (Africa) Ltd v Jackson2 and the ensuing academic comment have done much to clarify the principles behind the law of restitution and the various forms of equitable liability for involvement in a breach of trust. It must not, however, be forgotten that in practice a claim based on unjust enrichment or wrongful involvement in a breach of trust is likely to be brought in conjunction with a claim for conversion or for a breach of a contractual or tortious duty to take reasonable care to safeguard the plaintiff from fraud. An examination of the principles behind tortious and contractual liability shows that they are not necessarily consistent with these recent developments, and that as a result the outcome of a case may depend more on the mechanism used by the fraudster to misdirect the plaintiff's money than on either the injustice of the defendant's enrichment or the wrongful nature of his behaviour.3 This leads to inconsistency and the blurring of the key issues. As one commentator has already pointed out in this context,4 the court should never lose sight of the fact that the fundamental question is who, as between two innocent parties, should in good conscience bear the loss caused by a third party. The difficulty is aggravated by the different intellectual approaches of the 'property lawyer,' the 'restitution lawyer' and the 'common lawyer.'5 This article examines the ways in which restitution, contract, tort and equity address the problems of misdirected funds. It highlights the inconsistencies between the approaches adopted by each branch of the law, and suggests that the outcome of any dispute will depend more on the technical nature of the fraud than on the key issue of principle, namely which of two innocent parties should bear the loss. Finally, it is argued that the law could be clarified and simplified if the