261 research outputs found
POLICE BODY-WORN CAMERAS: A FOURTH INDUSTRIAL REVOLUTION DEMAND FOR SOUTH AFRICA?
Incidents of police brutality are increasing around the world. South Africa faces its own excessive use of force by police as exemplified by the case(s) of Khosa v Minister of Defence and Military Veterans, as well as that of Nathaniel Julies. Countries such as the United Kingdom (UK) and the United States of America (US) have seen positive results from leveraging advancements in technology to provide detailed, first-hand accounts of what happens during a police encounter. In light of the fourth industrial revolution, which brings with it advancements in data processing and storage, the purpose of this article is to investigate what value such advancements in technology might hold for the South African criminal justice system. Possible barriers to its implementation will also be investigated. The article further analyses the effects of body-worn cameras in the UK and US jurisdictions on improved police-citizen encounters and overall quality of policing. Body-worn cameras have been found to have value in improving police-citizen encounters. However, its adoption may be slow because of budgetary constraints related to Information Technology (IT) infrastructure.
 
Mechanisms underlying the diminished sensitivity to prolactin negative feedback during lactation: Reduced STAT5 signaling and up-regulation of cytokine-inducible SH2 domain-containing protein (CIS) expression in tuberoinfundibular dopaminergic neurons
Hyperprolactinaemia during lactation is a consequence of the sucking stimulus and in part due to reduced prolactin (PRL) negative feedback. To date, the mechanisms involved in this diminished sensitivity to PRL feedback are unknown but may involve changes in PRL signal transduction within tuberoinfundibular dopaminergic (TIDA) neurons. Therefore, we investigated signal transducers and activators of transcription (STAT) 5 signaling in the TIDA neurons of lactating rats. Dual-label confocal immunofluorescence studies were used to determine the intracellular distribution of STAT5 within TIDA neurons in the dorsomedial arcuate nucleus. In lactating rats with pups removed for 16 h, injection of ovine PRL significantly (P < 0.05) increased the STAT5 nuclear/cytoplasmic ratio compared with vehicle-treated mothers. In contrast, ovine PRL injection did not increase the STAT5 nuclear/cytoplasmic ratio in lactating mothers with pups, demonstrating that PRL signal transduction through STAT5 is reduced in TIDA neurons in the presence of pups. To investigate possible mechanisms involved in reduced PRL signaling, we examined the expression of suppressors of cytokine signaling (SOCS) proteins. Northern analysis on whole hypothalamus showed that CIS (cytokine-inducible SH2 domain-containing protein), but not SOCS1 or SOCS3, mRNA expression was significantly (P < 0.01) up-regulated in suckled lactating rats. Semiquantitative RT-PCR on arcuate nucleus micropunches also showed up-regulation of CIS transcripts. Immunofluorescence studies demonstrated that CIS is expressed in all TIDA neurons in the dorsomedial arcuate nucleus, and the intensity of CIS staining in these neurons is significantly (P < 0.05) increased in lactating rats with sucking pups. Together, these results support the hypothesis that loss of sensitivity to PRL-negative feedback during lactation is a result of increased CIS expression in TIDA neurons
THE ACCESSIBILITY AND EFFECTIVENESS OF SOUTH AFRICAN CIVIL LOWER COURTS
Although the Constitution of the Republic of South Africa, 1996 guarantees everyone the right of access to courts and civil justice, many people still find themselves in a position where they cannot access the South African justice system, specifically concerning civil legal matters. While this problem has been recognised by various academics, authors, and even Constitutional Court judges, the understanding of what this right means empirically has only recently been understood in relation to South Africa’s civil justice system. This article, therefore, concentrates on the accessibility and effectiveness of South African civil courts. The focus is on civil lower courts given that most people who are exposed to the civil justice system do so by means of the Magistrates Courts only
Identification of Melatonin-Regulated Genes in the Ovine Pituitary Pars Tuberalis, a Target Site for Seasonal Hormone Control
The pars tuberalis (PT) of the pituitary gland expresses a high density of melatonin (MEL) receptors and is believed to regulate seasonal physiology by decoding changes in nocturnal melatonin secretion. Circadian clock genes are known to be expressed in the PT in response to the decline (Per1) and onset (Cry1) of MEL secretion, but to date little is known of other molecular changes in this key MEL target site. To identify transcriptional pathways that may be involved in the diurnal and photoperiod-transduction mechanism, we performed a whole genome transcriptome analysis using PT RNA isolated from sheep culled at three time points over the 24-h cycle under either long or short photoperiods. Our results reveal 153 transcripts where expression differs between photoperiods at the light-dark transition and 54 transcripts where expression level was more globally altered by photoperiod (all time points combined). Cry1 induction at night was associated with up-regulation of genes coding for NeuroD1 (neurogenic differentiation factor 1), Pbef / Nampt (nicotinamide phosphoribosyltransferase) , Hif1α (hypoxia-inducible factor-1α), and Kcnq5 (K channel) and down-regulation of Rorβ, a key clock gene regulator. Using in situ hybridization, we confirmed day-night differences in expression for Pbef / Nampt, NeuroD1, and Rorβ in the PT. Treatment of sheep with MEL increased PT expression for Cry1, Pbef / Nampt, NeuroD1, and Hif1α, but not Kcnq5. Our data thus reveal a cluster of Cry1-associated genes that are acutely responsive to MEL and novel transcriptional pathways involved in MEL action in the PT
YM v LB (465/09) [2010] ZASCA 106 (17 September 2010)
In this matter, which resulted in an enquiry by the Supreme Court of Appeal and ultimately a unanimous decision, the facts were the following: the appellant, Mrs Y M (M) appealed against an order that she and her minor daughter (Y) submit to DNA testing to determine whether Mr L B (B), the respondent, was the biological father of Y. The order was sought by B, who also claimed that, if the tests proved that he was indeed the father, he should be given full parenting rights. The North Gauteng High Court (Pretoria) (Murphy J sitting as court of first instance), ordered that M submit herself and Y to DNA tests within 30 days of the date of the order, and postponed the other relief sine die. The Supreme Court of Appeal granted leave to appeal. On appeal, B filed no heads of argument, and nor was there any appearance on his behalf.https://journals.co.za/journal/obiteram2022Mercantile La
Values that you hold: encountering change in an adult community education program in Victoria
This thesis research reports on the Adult Community Education (ACE) sector in the Australian State of Victoria. Although it concentrates on Moreland Adult Education Assoc. (MAE) as a case study, it places MAE in the wider context of ACE in the local area of the Northern Metropolitan region of Melbourne. Although periodically referred to as the 'fourth educational sector' and funded by the same government departments as mainstream post-secondary sectors, ACE has always had a low profile and quasi-educational status due to the extreme variety of its venues, courses and locations, making it difficult to define and market as an entity. This study uses a range of qualitative methodologies suited to historical, educational research to provide a framework based around the initial guiding questions: 'Is ACE becoming TAFE?' and 'Who uses ACE and Why?' MAE was used as a case study because it was created by its local community in 1982 after which it expanded and developed from one-to-one pairs of volunteer tutors and literacy students to being a nationally Registered Training Organisation delivering accredited courses up to Diploma level. This expansion placed great strain on the infrastructure and personnel of the organisation, particularly during the main period of this research (1994 to 2004). Beginning with a review of the ACE sector, the thesis then describes the northern region of the Melbourne suburbs by using the data gained from a survey questionnaire. Further narrowing the research focus, the thesis analyses the development of the organisation over the ten year study period. The second half of the thesis emphasises the people of MAE through 18 interviews by analysing their opinions, life-experiences and perceptions of change to create a sense of their connectedness to the local community and MAE. The primary aims of this thesis are to document an example of the development of an ACE centre and how it managed change during a ten year period. It records a sense of how and why people engaged in the sector and some of their lived-experiences and their responses to changes. Data analysis results in three sets of findings and propositions in the categories of sectoral, organisational and personal. These key findings involve a range of externally applied pressures being brought to bear on both ACE and MAE. This is counteracted by individual resistance to change, creating a tension which threatens MAE's long-term sustainability
"Pay back the money” – a paper on criminal and civil asset forfeiture within South Africa and suggestions for reform
PURPOSE : The purpose of this paper is to bring to light the present civil and criminal asset forfeiture procedures within the South African context and to make suggestions for reform thereof. While there exists and is a need for constant change and reform of the law to ensure that it remains transparent, up-to-date and applicable to all means through which economic crime can be committed, South Africa lacks the necessary resources and attitudes to accomplish this essential goal.
DESIGN/METHODOLOGY/APPROACH : The approach used in this paper is purely qualitative using journal articles, textbooks, reports, periodicals, speeches and legislation as its basis. It is through a consolidation of this literature that this paper was formed.
FINDINGS : While South Africa’s present system of asset forfeiture is producing some impressive results, the process still has vast room for improvement. There are key areas which this paper outlines for reform. However, the probability of improvement is relatively low owing to the levels of corruption, illicit activities and attitudes of mistrust within the South African society at large.
ORIGINALITY/VALUE : The concept of asset forfeiture is not new to any international jurisdiction, let alone South Africa itself. However, this paper aims to give insight into the specific South African experience of this procedure and how it can possibly be improved within the specific context.https://www.emerald.com/insight/publication/issn/1359-0790hj2024Procedural LawProcedural LawSDG-16:Peace,justice and strong institution
Die reg op regsverteenwoordiging tydens verrigtinge voor die Kommissie vir Versoening Bemiddeling en Arbitrasie (Afrikaans)
The South African labour law stands central in the economic sphere of the country. The relationship between an employer and an employee is therefore paramount. When an employee is dismissed, such person is subjected to the strictest possible sanction in the workplace environment and ultimately it also deprives a household of a major (sometimes exclusive) source of income. Unemployment holds economic and social consequences for both the person as well as the economy as a whole. The fairness of any possible dismissal is for this reason an important point of departure. The Constitution of the Republic of South Africa, Act 108 of 1996 emphasise the importance hereof, inter alia, by the enschrined right to fair labour practices, a right not only reflected in the Labour Relations Act of 1995, but also acknowledged in case law. The focus areas discussed in this dissertation are the importance of and the manner in which legal representation (being a fundamental principle underlying the right to fair labour practices and the notion of “fairness”) is applied in the current labour dispute resolution forums of South Africa. The dissertation engages in the debate regarding the question whether legal representation should always be allowed and should be recognized as an undisputed right and in all fora or not. Various interests are considered against the historical background and development of this issue in our law, legislation and the interpretation thereof by stakeholders. The specific focus of this study within the South African context includes the following: The concept “legal practitioner” in the general legal profession. The right to legal representation at the Commission for Conciliation Mediation and Arbitration (hereinafter the “CCMA”). The historical development of the CCMA and the existence of specialist tribunals. The possible constitutional attack on the regulatory framework of legal representation before the CCMA. The benefits and the criticism attached to the current legal position regarding legal representation in the CCMA. This study recommends that our law should be revised regarding the issue of the regulation of legal representation before the CCMA and to unify and / or simplify the law in this regard in order to create legal clarity and certainty once and for all. This should be done without parting with the principles already referred to. The recommendation is that legal representation should be allowed in all labour fora and under all circumstances, obviously with the only limitation that it may be excluded in exceptional circumstances similar to the rules regulating for example criminal procedure. It is also suggested that constitutional intervention is necessary to adhere to the requirements of modern labour law. The right to be represented have always been part of our law in general. The process, procedure, rights and regulations setting the parameters of the game should therefore be clear, unambiguous, direct in application and uniform in labour law as well. This will ensure settlement of labour law disputes in accordance with constitutional principles as could be expected in an open and democratic society. CopyrightDissertation (LLM)--University of Pretoria, 2012.Mercantile Lawunrestricte
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