• Refine Query
  • Source
  • Publication year
  • to
  • Language
  • 5
  • 2
  • Tagged with
  • 12
  • 6
  • 5
  • 4
  • 4
  • 4
  • 4
  • 4
  • 4
  • 4
  • 3
  • 2
  • 2
  • 2
  • 2
  • About
  • The Global ETD Search service is a free service for researchers to find electronic theses and dissertations. This service is provided by the Networked Digital Library of Theses and Dissertations.
    Our metadata is collected from universities around the world. If you manage a university/consortium/country archive and want to be added, details can be found on the NDLTD website.
1

The fear of the Lord as key pastoral guidance, for a healing ministry to survivors of generational ritual abuse / by Karen Hayward

Hayward, Karen January 2010 (has links)
Generational ritual abuse within satanic or fertility (abusive witchcraft) cults is a controversial subject. This study shows that, while not all reported memories may be true, False Memory Syndrome is not an intrinsic scientific reality of generational ritual abuse. Recent publications under the editorial pens of Noblitt and Perskin Noblitt (2008), as well as Sachs and Galton (2008), describe the types of abuse and torture perpetrated in various forms of ritual abuse (including the results of a worldwide survey), together with the psychological, interpersonal and spiritual damage it caused survivors. It also speaks of the legal difficulties of survivors, the motives of perpetrators and the difficulties experienced with disappearing evidence (sometimes deliberately, otherwise because it does not fit the known legal paradigm). Survivors of generational ritual abuse suffer from what can be described under DESNOS (Disorders of Extreme Stress - Not Otherwise Specified), which is supported by research whilst not yet a formal DSM diagnostic category. Prolonged interpersonal trauma, involving multiple events lead to alterations of affect and impulses: in attention or consciousness; in self-perception; in relationships with other; in systems of meaning; as well as somatisation. Most often it results in dissociative disorders of which the most common is DID (Dissociative Identity Disorder) in which a person exhibits two or more distinct identities or personality states which recurrently take control of his or her behaviour. Various other diagnostic-related factors are discussed in this study, together with major paradigms for considering DID. These paradigms include the ego-state theory (referred to briefly), structural dissociation and attachment theory. These models' intervention strategies are also discussed. Models from three Christian psychologists are discussed - those of Joubert, Friesen and Wilder (a community model) - and Hawkins and Hawkins' pastoral model is reviewed as well. "The fear of the Lord" is found to be the reverential awe with which a believer approaches God; linked closely to the love of God; a fear that is advocated over the fear of human enemies or circumstances and which then dispels the latter; an emotion of fear that is experienced when confronted, as sinful human being, with God's presence and attributes such as his holiness; advocated by Jesus and Paul as based upon God's judgment, after which he may cast one into hell - and thus, one is not to fear what man could do unto one, or should not depart from God and continue in wilful sin. Ps. 86 contains a prayer for a united heart that the psalmist may fear God, linked to walking in his truth and praising God for deliverance from the grave. While "the fear of the Lord" is not a healing model in and of itself (various models of intervention can be used in the healing journey as found in the literature study), it guides the stance of the community, the pastoral counsellor (or other helper) as well as the survivors of generational ritual abuse who turn to God. It was found to form a doorway into the covenant relationship (or intimate relationship) with God in Scripture, and it is argued that, as such, it will help to lead survivors away from negative or destructive fear-bonded relationships (in Wilder's terms) into love-bonded relationships with God and others, thus leading to fulfilment of the command 'to love God with all one's heart, soul and strength and others as oneself' (Dt. 6; Mrk. 12:29-31). To this end, it aids the pastoral healing goal of a growing relationship with God and increasing maturity. Using the models of Heitink, Osmer and Hurding, the insights gained in this study are applied to the guidelines and proposed model for pastoral intervention. / Thesis (M.A. (Pastoral)--North-West University, Potchefstroom Campus, 2011.
2

The fear of the Lord as key pastoral guidance, for a healing ministry to survivors of generational ritual abuse / by Karen Hayward

Hayward, Karen January 2010 (has links)
Generational ritual abuse within satanic or fertility (abusive witchcraft) cults is a controversial subject. This study shows that, while not all reported memories may be true, False Memory Syndrome is not an intrinsic scientific reality of generational ritual abuse. Recent publications under the editorial pens of Noblitt and Perskin Noblitt (2008), as well as Sachs and Galton (2008), describe the types of abuse and torture perpetrated in various forms of ritual abuse (including the results of a worldwide survey), together with the psychological, interpersonal and spiritual damage it caused survivors. It also speaks of the legal difficulties of survivors, the motives of perpetrators and the difficulties experienced with disappearing evidence (sometimes deliberately, otherwise because it does not fit the known legal paradigm). Survivors of generational ritual abuse suffer from what can be described under DESNOS (Disorders of Extreme Stress - Not Otherwise Specified), which is supported by research whilst not yet a formal DSM diagnostic category. Prolonged interpersonal trauma, involving multiple events lead to alterations of affect and impulses: in attention or consciousness; in self-perception; in relationships with other; in systems of meaning; as well as somatisation. Most often it results in dissociative disorders of which the most common is DID (Dissociative Identity Disorder) in which a person exhibits two or more distinct identities or personality states which recurrently take control of his or her behaviour. Various other diagnostic-related factors are discussed in this study, together with major paradigms for considering DID. These paradigms include the ego-state theory (referred to briefly), structural dissociation and attachment theory. These models' intervention strategies are also discussed. Models from three Christian psychologists are discussed - those of Joubert, Friesen and Wilder (a community model) - and Hawkins and Hawkins' pastoral model is reviewed as well. "The fear of the Lord" is found to be the reverential awe with which a believer approaches God; linked closely to the love of God; a fear that is advocated over the fear of human enemies or circumstances and which then dispels the latter; an emotion of fear that is experienced when confronted, as sinful human being, with God's presence and attributes such as his holiness; advocated by Jesus and Paul as based upon God's judgment, after which he may cast one into hell - and thus, one is not to fear what man could do unto one, or should not depart from God and continue in wilful sin. Ps. 86 contains a prayer for a united heart that the psalmist may fear God, linked to walking in his truth and praising God for deliverance from the grave. While "the fear of the Lord" is not a healing model in and of itself (various models of intervention can be used in the healing journey as found in the literature study), it guides the stance of the community, the pastoral counsellor (or other helper) as well as the survivors of generational ritual abuse who turn to God. It was found to form a doorway into the covenant relationship (or intimate relationship) with God in Scripture, and it is argued that, as such, it will help to lead survivors away from negative or destructive fear-bonded relationships (in Wilder's terms) into love-bonded relationships with God and others, thus leading to fulfilment of the command 'to love God with all one's heart, soul and strength and others as oneself' (Dt. 6; Mrk. 12:29-31). To this end, it aids the pastoral healing goal of a growing relationship with God and increasing maturity. Using the models of Heitink, Osmer and Hurding, the insights gained in this study are applied to the guidelines and proposed model for pastoral intervention. / Thesis (M.A. (Pastoral)--North-West University, Potchefstroom Campus, 2011.
3

Gestremheidsreg : 'n internasionaalregtelike en regsvergelykende analise (Afrikaans)

Grobbelaar-Du Plessis, IIze 08 October 2010 (has links)
AFRIKAANS: Hierdie proefskrif ondersoek die ontplooiing van die reg rakende persone met gestremdhede in die rigting van ʼn toenemend inklusiewe en geintegreerde regsorde wat die beskerming en bevordering van die regte van persone met gestremdhede op gelyke grondslag met alle ander persone bewerkstellig. Gestremdheid word aan die hand van twee uiteenlopende modelle beoordeel en hanteer. Die twee modelle - die mediese en die sosiale model van gestremdheid - verteenwoordig uiteenlopende opvattinge oor gestremdheid wat in duidelik onderskeibare regsbenaderings neerslag vind. Oor die onlangse dekades het die sosiale model beduidend veld teen die mediese model gewen. Dit het veral neerslag gevind in die internasionale reg, soos dit die afgelope dekades onder die aanvoering van die Verenigde Nasies in omvattende standaardisering en universalisering van menseregte ontwikkel het. Hierdie ontwikkelings word breedvoerig ondersoek. Die groeiende aanklank van die sosiale model ten koste van die mediese model is eweneens merkbaar in twee ander jurisdiksiegebiede, naamlik Europa – binne die konteks van sowel die Europese Raad as die Europese Unie - en die Verenigde State van Amerika. By albei weerspieel die ontplooiing van die positiewe reg ʼn verandering in die beskouing oor die regshantering van persone met gestremdhede. Daarvolgens word gestremdheid toenemend volgens ʼn sosiale model as ʼn vorm van diversiteit eerder as uitsluitlik in terme van ʼn mediese model as afwykend of abnormaal verstaan. Gestremdheid vereis ʼn besondere regsbedeling ten einde daadwerklike gelyke beregtiging vir persone met gestremdhede te verseker eerder as (net) mediese ingryping in ʼn “afwykende toestand” of ʼn “siektetoestand.” Die veranderde regsbedeling oor gestremdheid word deurlopend deur die prisma van die twee modelle beskryf en beoordeel. Na die uitklaar van die betekenis van die modelle aan die begin van die studie volg ʼn historiese oorsig wat die konteks vorm waarbinne die regsontwikkeling rondom gestemdheidsreg sedert die Tweede Wereldoorlog op internasionale terrein (onder die aanvoering van die Verenigde Nasies), in Europa, die VSA en in Suid-Afrika bespreek word. Die studie sluit af met gevolgtrekkings waarin die klem op ʼn beoordeling van die verandering van die reg rakende gestremdheid in die lig van modelle wat in die eerste hoofstuk toegelig is, val. ENGLISH: The thesis investigates a change in perception and the resulting altered juridical management of persons with disabilities towards a more inclusive and integrated public legal order. Such a change positions the protection and promotion of the rights and interests of persons with disabilities on an equal footing with that of other persons. Disability is dealt with and evaluated in relation to two opposing models. The two models of disability – the medical and the social – represent two different perceptions about disability that are laid down in clearly-distinguishable approaches in law. Over the recent decades the social model has gained considerable ground over the medical model. It has found particular favour in international law, as developed over the past decades in the comprehensive standardisation and universalising of human rights under the leadership of the United Nations. These developments are scrutinised thoroughly. The increasing acceptance of the social model to the detriment of the medical model is apparent in two other areas of jurisdiction, namely, Europe – within the context of the European Council and the European Union – and the United States of America. In both these the development of positive law reflects a change in view regarding the way disability is dealt with by the law. Disability is increasingly understood according to a social model as a form of diversity rather than exclusively in accordance with a medical model. Disability requires a unique legal dispensation in order to ensure genuine equal adjudication for persons with disabilities rather than a (mere) medical intervention as a “deviant state” or an “illness”. The changing legal dispensation regarding disability is continuously described and evaluated through the prism of the two models. After an exposition of the models at the beginning of the study a brief historical overview follows, constituting the context within which legal development since the Second World War in the international arena (by way of the activities of the United Nations), in Europe, the USA and South Africa, is discussed. The study ends with conclusions which emphasise an evaluation of the changes in disability law in light of the models that were expounded in the first chapter. / Thesis (LLD)--University of Pretoria, 2010. / Public Law / unrestricted
4

Experimental study on semi-rigid composite joints with steel beams and precast hollowcore slabs.

Fu, F., Lam, Dennis January 2006 (has links)
The concept of semi-rigid composite connection has been widely researched in the past; however, most of the researches are limited to composite joints with metal deck ¿ooring and solid concrete slabs. Composite construction incorporating precast concrete hollowcore slabs (HCU) is a recently developed composite ¿oor system for buildings. The research on the structural behaviour of the semi-rigid composite joints with HCU is new and without any previous experimental database. In this paper, eight full-scale tests of beam-to-column semi-rigid composite joints with steel beams and precast hollowcore slabs are reported. The variables are stud spacing, degree of the shear connections, area of the longitudinal reinforcement and slab thickness. The test set-up and instrumentation is described in detail. The experimental behaviour is analysed and based on the test data the structural behaviour of these semi-rigid composite joints is discussed. Based on the experimental data, a simpli¿ed method to predict rotation and moment capacity for this type of composite connection is proposed.
5

The influence of genetic polymorphisms of fibrinogen genes on changes in total fibrinogen and fibrinogen gamma prime concentrations over time in black South Africans / Ané Jobse

Jobse, Ané January 2014 (has links)
INTRODUCTION AND AIM - Cardiovascular disease is globally a major risk factor for morbidity and mortality. It is caused by various factors, one of which is an abnormal haemostatic process. Fibrinogen is a haemostatic factor that is considered to be an independent risk factor for cardiovascular disease. Elevated fibrinogen can be caused by environmental and genetic factors which increase the risk of the occurrence of thrombosis. The fibrinogen y' chain, which is one of the three chains of fibrinogen, has two different variants, the yA and y’. The presence of the fibrinogen y’ chain has been associated with thrombotic disorders. Many studies have investigated the fibrinogen variables in Caucasian individuals, but only a few such studies have been conducted on non-Caucasian individuals. The genetic diversity of ethnic groups differs and could cause differences in the fibrinogen variables between these groups. Fibrinogen is known to increase with age; therefore to explain changes over time in fibrinogen concentrations it was also important to investigate whether genetic determinants and possible gene–environment interactions influenced fibrinogen over time. In this study the main aim was to determine the change in the fibrinogen variables over a five-year period within a black South African cohort subdivided according to genotypes associated with fibrinogen variables, and to determine whether the observed changes were modulated by environmental factors. PARTICIPANTS AND METHODS - Data [baseline (n=2010) and follow-up (n=1288)] were collected in the Prospective Urban and Rural Epidemiology (PURE) study during 2005 and 2010 from apparently healthy black men and women aged between 35 and 65 years and residing in rural or urban settlements. Experimental methods included analysis of fibrinogen and fibrinogen y’ concentrations, single nucleotide polymorphisms (SNPs) and determination of environmental factors associated with the fibrinogen variables. RESULTS - The fibrinogen variables increased significantly from 2005 to 2010 in both the rural and urban participants, as well as in both men and women. The major environmental factors that affected the fibrinogen variables were C-reactive protein (CRP), interleukin-6 (IL-6), body mass index (BMI), glycated haemoglobin (HbA1c), age, blood lipids, human immunodeficiency virus (HIV) and tobacco use. Fibrinogen increased consistently from 2005 to 2010 in the respective genotypes of all SNPs analysed, except in the FGG 9340 T>C homozygous mutant carriers. Fibrinogen y’ also increased in general in most genotypes from 2005 to 2010, except in the FGG 10034 C>T mutant allele carriers, where a decrease was observed. It was determined that CRP was the only environmental factor that influenced the change in fibrinogen over time and that FGG 10034 C>T was the only SNP that influenced the change in fibrinogen y’ over the five years. Four gene–environment interactions also influenced fibrinogen on a cross-sectional level, i.e. FGA 2224 G>A with age, FGB Arg448Lys with HIV status, FGB 1643 C>T with urbanisation and FGB 1038 G>A with HbA1c. Only the FGG 9340 T>C with HbA1c interaction was found to predict change in fibrinogen concentrations over the five years. CONCLUSION - Both environmental and genetic factors significantly influenced the fibrinogen variables cross-sectionally as well as prospectively. It was clear that the influence of the environmental factors was mediated by genetic polymorphisms and vice versa, as can be seen by the gene–environment interactions found in this study. An important finding of this study was that the interaction of HbA1c with two SNPs on fibrinogen variables may explain the known inconsistent relationship found between fibrinogen concentrations and diabetes. / MSc (Dietetics), North-West University, Potchefstroom Campus, 2014
6

The influence of genetic polymorphisms of fibrinogen genes on changes in total fibrinogen and fibrinogen gamma prime concentrations over time in black South Africans / Ané Jobse

Jobse, Ané January 2014 (has links)
INTRODUCTION AND AIM - Cardiovascular disease is globally a major risk factor for morbidity and mortality. It is caused by various factors, one of which is an abnormal haemostatic process. Fibrinogen is a haemostatic factor that is considered to be an independent risk factor for cardiovascular disease. Elevated fibrinogen can be caused by environmental and genetic factors which increase the risk of the occurrence of thrombosis. The fibrinogen y' chain, which is one of the three chains of fibrinogen, has two different variants, the yA and y’. The presence of the fibrinogen y’ chain has been associated with thrombotic disorders. Many studies have investigated the fibrinogen variables in Caucasian individuals, but only a few such studies have been conducted on non-Caucasian individuals. The genetic diversity of ethnic groups differs and could cause differences in the fibrinogen variables between these groups. Fibrinogen is known to increase with age; therefore to explain changes over time in fibrinogen concentrations it was also important to investigate whether genetic determinants and possible gene–environment interactions influenced fibrinogen over time. In this study the main aim was to determine the change in the fibrinogen variables over a five-year period within a black South African cohort subdivided according to genotypes associated with fibrinogen variables, and to determine whether the observed changes were modulated by environmental factors. PARTICIPANTS AND METHODS - Data [baseline (n=2010) and follow-up (n=1288)] were collected in the Prospective Urban and Rural Epidemiology (PURE) study during 2005 and 2010 from apparently healthy black men and women aged between 35 and 65 years and residing in rural or urban settlements. Experimental methods included analysis of fibrinogen and fibrinogen y’ concentrations, single nucleotide polymorphisms (SNPs) and determination of environmental factors associated with the fibrinogen variables. RESULTS - The fibrinogen variables increased significantly from 2005 to 2010 in both the rural and urban participants, as well as in both men and women. The major environmental factors that affected the fibrinogen variables were C-reactive protein (CRP), interleukin-6 (IL-6), body mass index (BMI), glycated haemoglobin (HbA1c), age, blood lipids, human immunodeficiency virus (HIV) and tobacco use. Fibrinogen increased consistently from 2005 to 2010 in the respective genotypes of all SNPs analysed, except in the FGG 9340 T>C homozygous mutant carriers. Fibrinogen y’ also increased in general in most genotypes from 2005 to 2010, except in the FGG 10034 C>T mutant allele carriers, where a decrease was observed. It was determined that CRP was the only environmental factor that influenced the change in fibrinogen over time and that FGG 10034 C>T was the only SNP that influenced the change in fibrinogen y’ over the five years. Four gene–environment interactions also influenced fibrinogen on a cross-sectional level, i.e. FGA 2224 G>A with age, FGB Arg448Lys with HIV status, FGB 1643 C>T with urbanisation and FGB 1038 G>A with HbA1c. Only the FGG 9340 T>C with HbA1c interaction was found to predict change in fibrinogen concentrations over the five years. CONCLUSION - Both environmental and genetic factors significantly influenced the fibrinogen variables cross-sectionally as well as prospectively. It was clear that the influence of the environmental factors was mediated by genetic polymorphisms and vice versa, as can be seen by the gene–environment interactions found in this study. An important finding of this study was that the interaction of HbA1c with two SNPs on fibrinogen variables may explain the known inconsistent relationship found between fibrinogen concentrations and diabetes. / MSc (Dietetics), North-West University, Potchefstroom Campus, 2014
7

Tax administration reform in certain African Tax Administration Forum members in Southern Africa / Gerwin Vos

Vos, Gerwin January 2013 (has links)
During August 2008 commissioners, senior tax administrators and policy makers from 28 African countries attended the International Conference on Taxation, State Building and Capacity Development in Africa. The objective of the conference had been to investigate how African countries can improve their resource mobilization, thereby decreasing Africa’s reliance on foreign aid, improving the fiscal independence of African countries and improving the living conditions of their citizens. It was identified during the conference that African countries can improve their resource mobilization through an improvement of their existing taxation structures. An improvement in existing taxation structures could in turn be achieved through improved sharing of information between African tax authorities on their tax structures currently in place, as well as the habits of their respective taxpayers. In order to facilitate the improved sharing of information, as well as to better equip African Tax Administrations for the task at hand, the African Tax Administration Forum (ATAF) was formed. The aim of this research is to determine whether any progress has been made regarding tax administration reform by African countries following the Conference on Taxation, State Building and Capacity Development in Africa, during the period 2008 to 2012. This has been determined by evaluating the structures of the ATAF and the activities implemented by the ATAF during the period 2008 to 2012 to meet its initial strategic objectives. Secondly, African countries that were previously members of SADC, and have since become members of the ATAF as well, were evaluated in order to determine whether the countries in question have implemented tax administration and governance reforms during the period 2008 to 2012, which have led to an improvement in the tax administration and governance structures of the countries in question. Furthermore, an evaluation was performed as to whether the improvements have led to an improvement in the fiscal independence and humanitarian conditions of the countries in question, during the period 2008 to 2012. The conclusion arrived at reveals that the ATAF has implemented several activities during the period 2008 to 2012, to meet its initial strategic objectives. Furthermore, all the analysed African countries have improved their tax administration structures during the period 2008 to 2012. Unfortunately, not all the countries analysed have been able to improve their governance structures during the period 2008 to 2012 as well. However, where a country has been able to improve both its tax administration and governance structures during the period 2008 to 2012, its fiscal independence and humanitarian conditions have also improved during the period 2008 to 2012. / MCom (South African and International Taxation), North-West University, Potchefstroom Campus, 2014
8

Die diskresie van 'n trustee van 'n inter vivos trust : wysiging en beperking / Simoné Tack

Tack, Simoné January 2014 (has links)
This study focuses on the discretionary inter vivos trust. It specifically investigates what the discretion of a trustee comprises and in which circumstances (if any) the court may amend the trustee‟s discretion as stipulated in the deed of trust. In order to make any meaningful conclusions, the different types of trusts, and more specific the way in which trusts are classified, needs to be researched. An inter vivos trust is classified as a contract for the sake of a third. Consequently contract law rules are applied in the interpretation and amendment of an inter vivos trust. The source, goal and tenor of a trustee‟s discretion, as well as the circumstances wherein this discretion may be amended, are investigated. The general rule is that courts have no discretion to amend a trust, but there is an exception to the rule. In accordance with article 13 of the Trust Property Control Act 57 of 1988 courts do have the power to amend or cancel the deed of trust in certain circumstances. In Potgieter and Another v Potgieter NO and Others 2012 (1) SA 637 (HHA) the court ruled that the power granted by article 13 does not enable judges to create law by amendment of the deed of trust according to their subjective interpretation of what is fair and just. The facts of the Potgieter case serve as problem statement for this study by focusing on the problems and unjust consequences of the strict application of contract law rules on a trust when the court does not take the changing circumstances of the trust founder into account. / LLM (Estate Law), North-West University, Potchefstroom Campus, 2014
9

Tax administration reform in certain African Tax Administration Forum members in Southern Africa / Gerwin Vos

Vos, Gerwin January 2013 (has links)
During August 2008 commissioners, senior tax administrators and policy makers from 28 African countries attended the International Conference on Taxation, State Building and Capacity Development in Africa. The objective of the conference had been to investigate how African countries can improve their resource mobilization, thereby decreasing Africa’s reliance on foreign aid, improving the fiscal independence of African countries and improving the living conditions of their citizens. It was identified during the conference that African countries can improve their resource mobilization through an improvement of their existing taxation structures. An improvement in existing taxation structures could in turn be achieved through improved sharing of information between African tax authorities on their tax structures currently in place, as well as the habits of their respective taxpayers. In order to facilitate the improved sharing of information, as well as to better equip African Tax Administrations for the task at hand, the African Tax Administration Forum (ATAF) was formed. The aim of this research is to determine whether any progress has been made regarding tax administration reform by African countries following the Conference on Taxation, State Building and Capacity Development in Africa, during the period 2008 to 2012. This has been determined by evaluating the structures of the ATAF and the activities implemented by the ATAF during the period 2008 to 2012 to meet its initial strategic objectives. Secondly, African countries that were previously members of SADC, and have since become members of the ATAF as well, were evaluated in order to determine whether the countries in question have implemented tax administration and governance reforms during the period 2008 to 2012, which have led to an improvement in the tax administration and governance structures of the countries in question. Furthermore, an evaluation was performed as to whether the improvements have led to an improvement in the fiscal independence and humanitarian conditions of the countries in question, during the period 2008 to 2012. The conclusion arrived at reveals that the ATAF has implemented several activities during the period 2008 to 2012, to meet its initial strategic objectives. Furthermore, all the analysed African countries have improved their tax administration structures during the period 2008 to 2012. Unfortunately, not all the countries analysed have been able to improve their governance structures during the period 2008 to 2012 as well. However, where a country has been able to improve both its tax administration and governance structures during the period 2008 to 2012, its fiscal independence and humanitarian conditions have also improved during the period 2008 to 2012. / MCom (South African and International Taxation), North-West University, Potchefstroom Campus, 2014
10

Die diskresie van 'n trustee van 'n inter vivos trust : wysiging en beperking / Simoné Tack

Tack, Simoné January 2014 (has links)
This study focuses on the discretionary inter vivos trust. It specifically investigates what the discretion of a trustee comprises and in which circumstances (if any) the court may amend the trustee‟s discretion as stipulated in the deed of trust. In order to make any meaningful conclusions, the different types of trusts, and more specific the way in which trusts are classified, needs to be researched. An inter vivos trust is classified as a contract for the sake of a third. Consequently contract law rules are applied in the interpretation and amendment of an inter vivos trust. The source, goal and tenor of a trustee‟s discretion, as well as the circumstances wherein this discretion may be amended, are investigated. The general rule is that courts have no discretion to amend a trust, but there is an exception to the rule. In accordance with article 13 of the Trust Property Control Act 57 of 1988 courts do have the power to amend or cancel the deed of trust in certain circumstances. In Potgieter and Another v Potgieter NO and Others 2012 (1) SA 637 (HHA) the court ruled that the power granted by article 13 does not enable judges to create law by amendment of the deed of trust according to their subjective interpretation of what is fair and just. The facts of the Potgieter case serve as problem statement for this study by focusing on the problems and unjust consequences of the strict application of contract law rules on a trust when the court does not take the changing circumstances of the trust founder into account. / LLM (Estate Law), North-West University, Potchefstroom Campus, 2014

Page generated in 0.4394 seconds