The word expropriation is used in South Africa to describe the process whereby a public authority or institution takes property from a private person for public purposes against payment of compensation. The current Act regulating expropriations in South Africa is known as the Expropriation Act 63 of 1975. However, it has three primary inconsistencies with the Constitution. Firstly it predates the Constitution - therefore, it does not infuse the values of equality, human dignity and the achievement of freedom. Secondly it is not consistent with comparable modem statutes elsewhere in the world. The last issue is that this Act is inconsistent with the Constitution in the sense that the Act only provides for expropriation for public purposes and the Constitution provides for expropriation in the public interest as well as for a public purpose. For these reasons it is crucial to establish a new legislative framework. In an attempt to rectify the above difficulties, an expropriation policy and a draft Bill were introduced. The primary purpose of the Bill is to harmonise the considerable amount of legislation in South Africa on the subject of expropriation, and to fill the gaps of the current Act. However, the new proposed Bill was referred back to cabinet as it had various difficulties. According to newspaper commentators, one of these reasons was that market value would not be used when determining the amount of compensation. This is not true, as market value is one of the listed factors in section 25(3) of the Constitution, and it is provided for in the Bill. Another reason was that the role of the courts will also be restricted in the new Bill. Parties will no longer be able to refer disputes concerning the amount of compensation to court. Once again this is not true, the courts role is only restricted in the sense that it would no be able to determine the amount of compensation as provided for in the Constitution, but will only be allowed to approve or decline the amount the Minister determined. This is one of the aspects that may be debatable constitutionally. After an in-depth study of the proposed Bill, the author came to the conclusion that there are actually only three aspects that might be unconstitutional namely; the definition of public interest which is to be included that widens the capacity to expropriate; departure from the notice procedure; and the fact that the courts may no longer determine the amount of compensation, but only approve or decline. Expropriation is one of the most important tools to speed up land reform in South Africa, and it is, therefore, of the utmost importance that the procedure must take place in a fair, equitable and constitutional manner. The purpose of this study will be to identify the aspects which result in expropriations that is not done on this basis, to scrutinize them and to make recommendations to these aspects. / Thesis (LL.M. (Law)--North-West University, Potchefstroom Campus, 2009.

Controlled foreign company ('CFC') legislation was introduced in phases to co-incide with South Africa?s move from a source based system to a residence based system. Initially with the introduction of the legislation it was directed at those foreign entities earning passive income. However, over the years the legislation has been amended to include active income of entities and additional aspects to the section have been inserted to provide clarity for taxpayers. An increase in cross border transactions and offshore investment has necessitated the need to introduce CFC legislation into the revenue codes of many countries, South Africa being one of them. In most revenue codes where CFC or similar legislation has been introduced it is one of the most complex areas in a country's revenue code (Sandler, 1998:23). This mini-dissertation aims to interpret section 9D and also aims to provide guidance on its application in practice with the help of practical examples and reference to relevant international case law. The end result of this research is a proposed interpretation note on section 9D which is attached as Appendix 1. / Thesis (M.Com. (Tax))--North-West University, Potchefstroom Campus, 2011.

Objective The present study aimed to explore women's perceptions and experiences of childbirth by unplanned Caesarean section. Background New motherhood is characterised as a profound change, and research suggests that the psychological effects of childbirth can be significant and far–reaching for some women. The processes occurring during a traumatic birth experience could affect a woman's emotional and psychological state, and she may experience considerable adjustment difficulties in adapting to unfulfilled expectations of delivering her baby naturally. Methods In–depth interviews explored 10 women's lived experiences of childbirth, after which thematic content analysis was used to synthesise data. The elements of phenomenological theory served as a broad framework for the structuring, organizing and categorizing of data, with interpretation aimed at gaining a greater understanding of women's internalised childbirth accounts. Findings Women described their contact with medical personnel, as well as the physical, environmental, and emotional aspects of their unplanned Caesarean sections, as distressing and traumatic. A sense of loss of control was the most significant contributor to women's negative childbirth experiences. Feelings of failure and disappointment were primarily related to unmet expectations and a lack of preparedness. Negative experiences were mediated by attentive caregiving, inclusion in decision–making, and support from loved ones. / Thesis (M.Sc. (Clinical Psychology))--North-West University, Potchefstroom Campus, 2011.

The concept "beneficial use" plays a pivotal role in South African water law reform. It forms the foundation of the mechanism to make water use rights available for the reform of the allocation of water use entitlements. The mechanism involves that water use rights that were unexercised in the two years before the promulgation of the National Water Act 36 of 1998 are not defined as existing lawful water uses. Where the concept "beneficial use" is utilised to cancel unexercised water use rights, it can cause potential hardship. Some people whose rights have been cancelled believe that they should be able to rely on the property clause in section 25 of the Constitution of 1996 to either have the legislation declared unconstitutional or to demand compensation. Section 25 of the Constitution of 1996 prohibits the arbitrary deprivation of property and states that property may only be expropriated for a public purpose or in the public interest, subject to compensation. Section 25(4) states, however, that the public interest includes the nation's commitment to land reform and to reforms to bring about equitable access to all South Africa's natural resources. It is clear from this that reforms to bring about access to water are allowed by the property clause. One of the main questions discussed in this thesis was whether section 32 of the National Water Act 36 of 1998 that made more water available for distribution for reform purposes by cancelling unexercised water user rights, leads to an arbitrary deprivation or an expropriation of property. It should be noted that section 32 of the National Water Act did not constitute an arbitrary deprivation of property, as sufficient reason exists for water law reform. A possible constitutional challenge based on the lack of due process of law because of the retrospective operation of the section may possibly be averted because of the existence of section 33 of the National Water Act. Section 33 of the Act mitigates hardship by allowing unexercised water uses to be declared existing lawful water uses in certain circumstances where a good reason for the non–exercise of the water use right existed. Even in cases where section 33 does not prevent section 32 from being regarded as an arbitrary deprivation of property because there still was not a proper procedure, the government will probably be able to show that the limitation in section 32 is, in terms of section 36(1) of the Constitution of 1996, reasonable and justifiable in an open and democratic society. Despite the fact that section 25(1) prohibits arbitrary deprivations, it does not prohibit the government from regulating competing rights to use water even though some people may be negatively affected by the regulation. Because the Minister merely acts as public trustee of the nation's water resources on behalf of the national government in terms section 3(1) of the National Water Act, it cannot be claimed that the government acquired the cancelled water use rights. A claim that compensation should be paid for an expropriation of property will therefore not succeed. Compensation is only payable in terms of section 22(6) and section 22(7) of the National Water Act 36 of 1998 for a loss of existing water entitlements, such as existing lawful water uses or existing licences. A court should thus consider interpreting section 25 by providing for compensation where an individual was unfairly burdened and was therefore denied the protection of the equality clause in section 9 of the Constitution when his unexercised water use rights were cancelled by section 32. The concept "beneficial use" currently restricts the content of the water use entitlement existing in terms of section 4 of the National Water Act 36 of 1998. The loss of the entitlement when inter alia a licence for an existing lawful water use is refused, is not protected by the payment of compensation when water is used in an unfair or disproportionate manner, because such utilisation would not be regarded to be beneficial use. It became apparent that in terms of the current water law dispensation in South Africa, the possibility of compensation for an amendment of a water use licence and the refusal of a licence for an existing lawful water use implies that a water use entitlement is a right in property. The fact that section 22(7) of the National Water Act states that the amount of the compensation must be determined in accordance with section 25(3) of the Constitution implies that the legislature also recognises that a water use entitlement is constitutional property. Section 22(7) of the National Water Act underlines the basic premises of the National Water Act by subjecting the amount of the compensation that is payable to the same limitations that restrict the entitlement to use the water. The stipulations of section 22(7) draw the attention to the fact that the exercise of both existing lawful water uses and water use licences as rights in property is subject to basic principles of the National Water Act such as the Reserve and the concepts "public trusteeship" and "beneficial use" of the water resources. The fact that compensation is only payable when there has been severe prejudice to the economic viability of an undertaking implies that water use entitlements have to be exercised at the time of the application for the compensation to be payable. The concept "beneficial use" – in the sense that a water use must not be wasteful or polluting and in the sense that only water use entitlements that are being exercised are protected – thus restricts the water use entitlement as a property right. During the research, American and Australian water law reform and their interpretation of their property clauses were compared to water law reform in South Africa and the South African property clause. Furthermore, Australian policy to encourage more beneficial water use by the trade in water entitlements or allocations, was also discussed. South Africans will likely in future be encouraged to trade in water use entitlements or allocations. The objective with allowing the trade in water use entitlements or allocations is to encourage people to rather use water for uses with a high value instead of uses with a lower value. In this way the concept "beneficial use" may be broadened to include water allocation or entitlement trading. However, it was argued that a disproportionate impact on third parties would mean that water allocation or entitlement trading would in some cases not be regarded as beneficial use anymore. / Thesis (LL.D.)--North-West University, Potchefstroom Campus, 2011.

Shear layer development over a NACA 0018 airfoil at a chord Reynolds number of 100,000 was investigated experimentally. The effects of experimental setup and analysis tools on the results were also examined. The sensitivity of linear stability predictions for measured separated shear layer velocity profiles to both the analysis approach and experimental data scatter was evaluated. Analysis approaches that are relatively insensitive to experimental data scatter were identified. Stability predictions were shown to be more sensitive to the analysis approach than to experimental data scatter, with differences in the predicted maximum disturbance growth rate and corresponding frequency of approximately 35% between approaches. A parametric study on the effects of experimental setup on low Reynolds number airfoil experiments was completed. It was found that measured lift forces and vortex shedding frequencies were affected by the end plate configuration. It was concluded that the ratio of end plate spacing to projected model height should be at least seven, consistent with the guideline for circular cylinders. Measurements before and after test section wall streamlining revealed errors in lift coefficients due to blockage as high as 9% and errors in the wake vortex shedding frequency of 3.5%. Shear layer development over the model was investigated in detail. Flow visualization images linked an observed asymmetry in wake velocity profiles to pronounced vortex roll-up below the wake centerline. Linear stability predictions based on the mean hot-wire profiles were found to agree with measured disturbance growth rates, wave numbers, and streamwise velocity fluctuation profiles. Embedded surface pressure sensors were shown to provide reasonable estimates of disturbance growth rate, wave number, and convection speed for conditions at which a separation bubble formed on the airfoil surface. Convection speeds of between 30 and 50% of the edge velocity were measured, consistent with phase speed estimates from linear stability theory.

Thesis (M. En.)--Miami University, Institute of Environmental Sciences, 2006. / Title from first page of PDF document. Includes bibliographical references (p. 35 [1st set of paginations]).

The power distribution system is the final link to transfer the electrical energy to the individual customers. It is distributed in a complex technical grid but is associated with the majority of all outages occurring. Improving its reliability is an efficient way to reduce the effects of outages. A common way of improving the reliability is by designing loop structures containing two connected feeders separated by a section point. The location of the section point will decide how the system structure is connected and its level of reliability. By finding the optimal location, an improved reliability may be accomplished. This Master’s thesis has developed a method of finding optimized section points locations in a primary distribution system in order to improve its reliability. A case study has been conducted in a part of Mälarenergi Elnät’s distribution system with the objective of developing an algorithm in MATLAB able to generate the optimal section points in the area. An analytical technique together with a method called Failure Modes and Effect Analysis (FMEA) as preparatory step, was used to simulate the impact of outages in various components based on historical data and literature reviews. Quantifying the impact was made by calculating the System Average Interruption Duration Index (SAIDI) and the Expected Cost (ECOST) which represented the reliability from a customer- and a socio-economic perspective. Using an optimization routine based on a Greedy algorithm an improvement of the reliability was made possible. The result of the case study showed a possible improvement of 28% on SAIDI and 41% on ECOST if optimizing the location of section points. It also indicated that loop structures containing mostly industry-, trade- and service-sectors may improve ECOST considerably by having a relocated section point. The analysis concluded that based on the considerable improvement the case study showed, a distribution system could be highly benefitted by optimizing the location of section points. The created algorithm may provide a helpful tool well representative for such a process in a cost-effective way. Applying it into a full size system was considered being possible but it would first require some additional improvements of reliability inputs and to resolve some fundamental issues like rated current in lines and geographical distances to substations.

Coordenação de Aperfeiçoamento de Pessoal de Nível Superior / Considerando uma nova realidade com o incremento do uso de perfis tubulares, este trabalho apresenta uma análise de ligações soldadas tipo T com perfis tubulares circulares (CHS) para a coluna e perfil I ou H para a viga com flexão no plano, efetuado com base nas normas EC3, CIDECT e a NBR 16239 comparando com o critério de deformação limite, proposto por Lu et al., através de um modelo em elementos finitos desenvolvido no programa Ansys versão 12.0. A não-linearidade geométrica foi introduzida no modelo através da Formulação de Lagrange Atualizado. Com base nos resultados numéricos avaliados foram traçadas curvas momento-rotação para cada modelo com o objetivo de obter o momento resistente de cada ligação bem como a classificação da ligação quanto a capacidade de rotação, a influência dos parâmetros geométricos em cada modelo e o modo de falha que controlará o dimensionamento da ligação. / Considering a new reality with the increased use of tubular profiles, this work presents an analysis of T welded connections with circular hollow sections (CHS) for the column profile and I or H for the beam subjected to in plane bending, this study was based on the EC3, CIDECT and the NBR 16239 standards and was also compared to the deformation limit criteria proposed by Lu et al.. The main aim was to develop through a finite element model in the Ansys program version 12.0. The geometric nonlinearity has been introduced into the model through a Updated Lagrangian Formulation. Based on the evaluated numerical results, moment-rotation curves were produced for each model in order to determine the moment resistance of each joint and their associated joint classification, rotation capacity, influence of the geometrical parameters for each model and the failure modes that will control the joint design.

Coordenação de Aperfeiçoamento de Pessoal de Nível Superior / This work proposes a methodology which is able to accomplish alarms processing and to estimate fault section in electrical power systems. The purpose is to filter alarms generated during a shutdown and indicate which equipment is at fault. To solve this problem, the methods employed are Constructive Heuristic (CH) and Integer Programming (IP) through their integration. Initially, CH method performs an analysis of fault direction in each power system equipment through alarms signaled by protective relays and circuit breakers status. Thus, by having as much information as possible, CH carries out an analysis on the level of equipment (busbars, power transformers and transmission lines) which can or cannot identify the direction in which disturbance occurred. The final processing is performed by IP, which analyzes the response of protection system as a whole (system-level analysis), using post-fault topology of power grid along with response of CH, indicating the fault section (s) and possible failures in the opening of circuit breakers. / Este trabalho propõe uma metodologia capaz de realizar o processamento de alarmes e estimar a seção em falta em sistemas elétricos de potência. A finalidade é filtrar os alarmes gerados durante um desligamento e indicar qual equipamento está sob falta. Para resolver o problema, são utilizados os métodos da Heurística Construtiva (HC) e da Programação Inteira (PI), através de sua integração. Inicialmente, o método da HC realiza, através dos alarmes sinalizados por relés de proteção e estado de disjuntores, uma análise quanto à direção da falta em cada equipamento do sistema de energia elétrica. Assim, a HC na posse de tantas informações quanto possível realiza uma análise em nível de equipamento (barramentos, transformadores de potência e linhas de transmissão), podendo ou não identificar a direção em que o distúrbio ocorreu. O processamento final é feito pela PI, que analisa a resposta do sistema de proteção como um todo (análise em nível de sistema), usando a topologia pós-falta da rede juntamente com a resposta da HC, indicando a(s) seção(ões) em falta(s) e as possíveis falhas de abertura em disjuntores.

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