Journal articles on the topic 'Standardized terms of contract – South Africa'

Background Since the novel coronavirus emerged in late 2019, the scientific and public health community around the world have sought to better understand, surveil, treat, and prevent the disease, COVID-19. In sub-Saharan Africa (SSA), many countries responded aggressively and decisively with lockdown measures and border closures. Such actions may have helped prevent large outbreaks throughout much of the region, though there is substantial variation in caseloads and mortality between nations. Additionally, the health system infrastructure remains a concern throughout much of SSA, and the lockdown measures threaten to increase poverty and food insecurity for the subcontinent’s poorest residents. The lack of sufficient testing, asymptomatic infections, and poor reporting practices in many countries limit our understanding of the virus’s impact, creating a need for better and more accurate surveillance metrics that account for underreporting and data contamination. Objective The goal of this study is to improve infectious disease surveillance by complementing standardized metrics with new and decomposable surveillance metrics of COVID-19 that overcome data limitations and contamination inherent in public health surveillance systems. In addition to prevalence of observed daily and cumulative testing, testing positivity rates, morbidity, and mortality, we derived COVID-19 transmission in terms of speed, acceleration or deceleration, change in acceleration or deceleration (jerk), and 7-day transmission rate persistence, which explains where and how rapidly COVID-19 is transmitting and quantifies shifts in the rate of acceleration or deceleration to inform policies to mitigate and prevent COVID-19 and food insecurity in SSA. Methods We extracted 60 days of COVID-19 data from public health registries and employed an empirical difference equation to measure daily case numbers in 47 sub-Saharan countries as a function of the prior number of cases, the level of testing, and weekly shift variables based on a dynamic panel model that was estimated using the generalized method of moments approach by implementing the Arellano-Bond estimator in R. Results Kenya, Ghana, Nigeria, Ethiopia, and South Africa have the most observed cases of COVID-19, and the Seychelles, Eritrea, Mauritius, Comoros, and Burundi have the fewest. In contrast, the speed, acceleration, jerk, and 7-day persistence indicate rates of COVID-19 transmissions differ from observed cases. In September 2020, Cape Verde, Namibia, Eswatini, and South Africa had the highest speed of COVID-19 transmissions at 13.1, 7.1, 3.6, and 3 infections per 100,0000, respectively; Zimbabwe had an acceleration rate of transmission, while Zambia had the largest rate of deceleration this week compared to last week, referred to as a jerk. Finally, the 7-day persistence rate indicates the number of cases on September 15, 2020, which are a function of new infections from September 8, 2020, decreased in South Africa from 216.7 to 173.2 and Ethiopia from 136.7 to 106.3 per 100,000. The statistical approach was validated based on the regression results; they determined recent changes in the pattern of infection, and during the weeks of September 1-8 and September 9-15, there were substantial country differences in the evolution of the SSA pandemic. This change represents a decrease in the transmission model R value for that week and is consistent with a de-escalation in the pandemic for the sub-Saharan African continent in general. Conclusions Standard surveillance metrics such as daily observed new COVID-19 cases or deaths are necessary but insufficient to mitigate and prevent COVID-19 transmission. Public health leaders also need to know where COVID-19 transmission rates are accelerating or decelerating, whether those rates increase or decrease over short time frames because the pandemic can quickly escalate, and how many cases today are a function of new infections 7 days ago. Even though SSA is home to some of the poorest countries in the world, development and population size are not necessarily predictive of COVID-19 transmission, meaning higher income countries like the United States can learn from African countries on how best to implement mitigation and prevention efforts. International Registered Report Identifier (IRRID) RR2-10.2196/21955

In recognition of the injustices of South Africa’s apartheid past, employers have a responsibility to ensure that employment equity practices are implemented, without harming important aspects of the employment relationship, such as the psychological contract and the intention to leave. The aim of this study was to determine the relationship between the psychological contract, employment equity legislation practices and the intention to leave (as measured by structured questionnaires comprising standardised scales) in an open distance higher education institution. In this regard, special attention was given to the influence of employment equity on employees’ intention to leave, which forms an important part of the psychological contract. The study also focused on the differences that exist between the three different social groupings (Africans, white males and white females, coloureds and Indians), gender and qualification levels regarding their perceptions about how the psychological contract influences employment equity legislation practices and intention to leave. A quantitative survey was conducted on a stratified random sample of employees (N = 339) who were white (58.4%), male (50.1%) and between the ages of 31 and 60 and were all employed at an open distance higher education institution. Correlational statistics and multiple regression analyses revealed a number of significant relationships between the three variables. In the South African employment equity context, the findings provide valuable information that can be used to inform managers and human resource practitioners on employment equity strategies. The practical implications of the findings also add new insights in terms of the psychological contract, intention to leave and management of the employment relationship.

During the apartheid era, consumers in South Africa, based on their race and ethnicity, were restricted when concluding contracts, as there was no open market trade. As consumers, hotel guests could also be victims of unfair business practices. Hotels use standard form contracts that may include unfair terms that favour the business and which are over-protective of business interests. A significant percentage of the population have low literacy levels, which severely disadvantage them when it comes to understanding the content and consequence of contracts. The Consumer Protection Act (CPA) introduces wide-ranging legal measures to protect consumers, including hotel guests, from exploitation and abuse in the marketplace and sets out comprehensive obligations for hotels. This article provides a descriptive critique based on literature and describes the challenges faced by hotel guests and discusses the implications of the Act for hotels and guests. It concludes that not only does the CPA advocate ethical business practices that are mandatory for hotels, but it also introduces a range of rights and protection for guests as consumers. The CPA has introduced a shift in contract law from a standpoint which allowed the parties the freedom to choose the content of the contract to one where fairness and transparency is imperative, as protection in terms of legislation compensates for the weaker bargaining position of the consumer.

During the apartheid era, consumers in South Africa, based on their race and ethnicity, were restricted when concluding contracts, as there was no open market trade. As consumers, hotel guests could also be victims of unfair business practices. Hotels use standard form contracts that may include unfair terms that favour the business and which are over-protective of business interests. A significant percentage of the population have low literacy levels, which severely disadvantage them when it comes to understanding the content and consequence of contracts. The Consumer Protection Act (CPA) introduces wide-ranging legal measures to protect consumers, including hotel guests, from exploitation and abuse in the marketplace and sets out comprehensive obligations for hotels. This article provides a descriptive critique based on literature and describes the challenges faced by hotel guests and discusses the implications of the Act for hotels and guests. It concludes that not only does the CPA advocate ethical business practices that are mandatory for hotels, but it also introduces a range of rights and protection for guests as consumers. The CPA has introduced a shift in contract law from a standpoint which allowed the parties the freedom to choose the content of the contract to one where fairness and transparency is imperative, as protection in terms of legislation compensates for the weaker bargaining position of the consumer.

In South Africa, the Labour Relations Act 66 of 1995 (LRA) regulates and protects the position of the employee who reasonably expects that a fixed-term contract will be renewed on the same or similar terms while the employer only offered to renew the contract on less favourable terms or in some instances was not prepared to renew the fixed-term contract at all. The LRA regards the latter conduct as a dismissal, as long as the employee can prove that the employer was responsible for creating the reasonable expectation of contractual renewal. In contrast to this position, the LRA does not regulate or protect the position of the employee whose fixed-term contract was repeatedly renewed on the same, similar or even improved terms, while the employer was in a position to offer the employee indefinite employment. The employer may even have created a reasonable expectation that repeated renewals would result in permanent employment. The exploitation and abuse of the fixed-term contract to the extent that an employee is deprived of employment security and the benefits linked to an employment relationship of indefinite duration have prompted a comparative investigation into this particular field of law.

ABSTRACTThis article presents an ethnographic analysis of the popular economy of informal musical production in the Venda region of South Africa. It focuses on the activities surrounding the Burnin' Shak Studio, a recording house that specializes in reggae music. Reliant on second-hand computers, pirated software, borrowed instruments, networks of trust and cycles of debt, musicians and producers in the Burnin' Shak occupy a distinctly peripheral position in South Africa's music industry. Unlike artists in the formal sphere of musical production, who sign deals with specific record labels, musicians in the informal sector seek out sponsors – usually young local businessmen – to fund their recordings with local producers. Marketing and distribution is the sole responsibility of the artist and the sponsor, who often develop a ‘patron–client’ relationship. And yet whilst the artists' entrepreneurial activity often earns them significant airplay on local radio stations, and associated cultural capital, the financial benefits are slim. In order to convert their cultural capital into cash, musicians in the informal sector must compete in the market for performances at government-sponsored shows. These shows are well funded by lucrative tenders, but they present musicians with a double-edged sword. To secure a contract with tender holders – or to entertain hopes of regular paid performances – musicians must ensure that these performances do not express critical political sentiment. As purveyors of a genre renowned for its critical social commentary, reggae musicians are particularly affected by this expectation of self-censorship. Informal musical production in the post-apartheid era thus affords musicians little artistic freedom. Rather, whilst the products of this culture industry may appear to be part of a ‘secondary’ economy, removed from the spheres of formalized production and control, they are in fact regulated and standardized through the process of tender allocation.

The purpose of this quantitative cross-sectional study was to investigate the relevance of gender and race to turnover intention among public sector workers (PSW) through the moderation of psychological contract type and organisational commitment dimension. The research hypotheses in this study set out to test relationships between psychological contract type and turnover intention and between organisational commitment dimension and turnover intention. Using gender and race as key variables, further hypotheses tested whether significant differences in PSW psychological contract type existed; whether differences in PSW organisational commitment dimensions were present; and whether significant relationships between psychological contract type, organisational commitment and turnover intention were found. A survey was conducted with 211 PSW in a provincial government department in the Western Cape, South Africa. In terms of turnover intention, the results showed that coloured and white PSW were the groups that showed a positive relationship between transactional psychological contracts and an intention to leave the public sector. For white PSW, this was paradoxically coupled with high levels of continuance commitment. This is a significant finding because high levels of this form of commitment temper the turnover intention of this group. Across gender and race, relational psychological contracts were positively correlated with affective and normative commitment and inversely related to turnover intention. PSW holding relational psychological contracts experienced high levels of emotional attachment and loyalty to the public sector which contributed significantly to a desire to remain with their employer. The study addresses a conspicuous and important gap in the literature and suggests a number of recommendations for public sector management in South Africa in the light of the findings.

Guarantees play an important role in large commercial contracts internationally. Guarantees can be either independent (demand) guarantees or accessory guarantees. The legal consequences of the two differ significantly and, therefore, it is important to differentiate clearly between the two. In the case of independent (demand) guarantees – the focus of this contribution – the guarantor’s liability is independent of the underlying performance it is guaranteeing, and is accordingly to be determined, in principle, with reference only to the terms of the guarantee. However, this is not an absolute principle. Jurisdictions throughout the world recognize exceptions to this principle, the most important and prevalent being fraud on the part of the beneficiary. A Judicial Interpretation by the Supreme People’s Court of the People’s Republic of China relating to independent guarantees came into operation in December 2016. Its rules depart in some important respects from the law of guarantees in South Africa, both in relation to the determination of the nature of the guarantee (as independent or accessory) and in relation to the exceptions to the principle of independence. This article explores these issues against the background of the law of contract of both countries.

PurposeThe purpose of this study is to explore South African and Italian consumers' attitude toward online wine purchasing. In detail, through the application of the technology acceptance model (TAM), this research intends to explain the antecedents of consumers actual online purchasing of wine in South Africa and Italy.Design/methodology/approachTwo questionnaire-based surveys were conducted, yielding a sample of 190 consumers in South Africa and 179 in Italy. Data were analyzed through several techniques including t-tests, principal component factor analyses, and binary logistic regressions.FindingsOverall, the findings show that South African and Italian online wine consumers are more similar than the offline wine consumers. However, perceived usefulness has an impact on the use of the online channel to purchase wine in Italy but not in South Africa, whereas perceived complexity has an effect in South Africa but not in Italy.Research limitations/implicationsThis study adopts a convenience sampling technique, suggesting that the used samples are not representative of the whole population. Moreover, TAM offers a simple and clear understanding of the actual use of wine e-commerce but overlooks other potential explanatory factors.Practical implicationsTargeting online wine consumers in South Africa and Italy opens up the opportunity for using cross-national highly standardized product and communication strategies. However, different approaches are required to convert offline wine consumers to online wine consumers in South Africa and Italy.Originality/valueThis is the first cross-national study investigating consumers' attitude toward online wine purchasing in South Africa and Italy. Moreover, it offers a comparison of online and offline wine consumers in the two countries. In addition, the research offers a new point of view over consumers of Italy and South Africa, two important countries in terms of wine production and consumption that can be very beneficial for wineries owners and managers.

In England, the contractual doctrine of economic duress is an important mechanism for curbing abuses of superior bargaining power. In contrast, in South Africa, the courts are yet to articulate a definitive doctrine. In this article, I argue for a twenty-first century South African doctrine of economic duress that is delineated primarily in terms of South Africa’s foundational constitutional value of equality. For this purpose, I consider English contract law and show how it is a concern for ‘equity’ that has been central to its treatment of economic duress. I then highlight the normative limitations of the English doctrine, but argue that the English legal experience of economic duress remains valuable for corresponding developments in the modern South African commercial context, especially in light of the latter’s post-apartheid constitutional framework, which provides the normative content of baseline standards that must inform its doctrine of economic duress.

Disaster Risk Reduction (DRR) and Climate Change Adaptation (CCA) strategies in Africa are on the increase. South Africa is no different, and a number of strategies have seen the light in aid of reducing disaster risk and adapting to cli-mate change. The DRR and CCA processes include the mapping of location and extent of known and potential hazards, vulnerable communities and environments, and opportunities that may exist to manage these risks. However, the mapping of often fast-changing urban and rural spaces in a standardized manner presents challenges that relate to processes, scales of data capture, level of detail recorded, software and compatibility related to data formats and net-works, human resources skills and understanding, as well as differences in approaches to the nature in which the map-ping processes are executed and spatial data is managed. As a result, projects and implementation of strategies that re-late to the use of such data is affected, and the success of activities based on the data may therefore be uncertain. This paper investigates data custodianship and data categories that is processed and managed across South Africa. It explores the process and content management of disaster risk and climate change related information and defines the challenges that exist in terms of governance. The paper also comments on the challenges and potential solutions for the situation as it gives rise to varying degrees of accuracy, effectiveness for use, and applicability of the spatial data available to affect DRR and improve the value of CCA programmes in the region.

The 48 organic-certified members of the Ezemvelo Farmers’ Organisation in KwaZulu-Natal were surveyed during October-November 2004 to assess what factors they perceive constrain the competitiveness of a formal supply chain that markets their amadumbe, potatoes and sweet potatoes. They identified uncertain climate, tractor not available when needed, delays in payments for crops sent to the pack-house, lack of cash and credit to finance inputs, and more work than the family can handle as the current top five constraints. Principal Component Analysis further identified three valid institutional dimensions of perceived constraints and two valid farm-level dimensions. Potential solutions to better manage these constraints are discussed, including the need for the farmers to renegotiate the terms of their incomplete business contract with the pack-house agent.

Summary To establish which legal system will govern the relationship between parties involved in an international employment contract, the rules of private international law (or conflict of laws) must be applied. Each country has its own rules of private international law and each country’s courts will apply its own rules if the court is seized with a matter that involves foreign elements. There may be conflict between the potentially applicable legal systems of countries in terms of the level of protection afforded to employees who are parties to international employment contracts. South Africa has constitutionalised the right to fair labour practices and the question is whether this right is applicable to South African employees working in other countries, or to foreigners working in South Africa who originate from countries where this right is not protected. The answer to this question is to be found in the influence of the Constitution on the rules of private international law as applied by South African courts. It is evident from recent judgments of the Labour Court that the Court will readily assume jurisdiction and will furthermore readily hold that the proper law of the contract is South African law in order to protect the constitutional rights of employees involved in international employment contracts. Had the Labour Court held that the place of performance was still the decisive connecting factor, (as previously decided in most South African cases on thisaspect) the law of the other countries involved in the international employment relationship could have left employees in a worse position than under South African law. This possibility seems to be one of the important underlying reasons for the Labour Court’s willingness to assume jurisdiction and to hold that the proper law was in fact South African law. In the globalisation context the Labour Court has contributed to the advancement of constitutionalism by developing South Africa’s common law rules of private international law to afford constitutional protection to employees involved in international employment contracts.

Parties generally enter into contractual relations with the sincere intention to fulfil all the obligations created in terms of their contract. However, for various reasons, parties sometimes do not comply with the terms of their contract. Where a party fails to perform at the agreed date and time or after receiving a demand from the creditor, the debtor commits breach of contract in the form of mora debitoris.[1] The question then arises whether or not a debtor would also commit breach in the form of mora debitoris if the delay in performance cannot be attributed to wilful disregard of the contract or a negligent failure to perform on time. This was the question which the court had to determine in Scoin Trading (Pty) Ltd v Bernstein.[2][1] Victoria Falls and Transvaal Power Co Ltd v Consolidated Langlaagte Mines Ltd 1915 AD 1; West Rand Estates Ltd v New Zealand Insurance Co Ltd 1926 AD 173; Fluxman v Brittain 1941 AD 273; Microuticos v Swart 1949 3 SA 715 (A); Linton v Corser 1952 3 SA 685 (A); Union Government v Jackson 1956 2 SA 398 (A); Standard Finance Corporation of South Africa Ltd v Langeberg Ko-operasie Bpk 1967 4 SA 686 (A); Nel v Cloete 1972 2 SA 150 (A); Van der Merwe v Reynolds 1972 3 SA 740 (A); Ver Elst v Sabena Belgian World Airlines 1983 3 SA 637 (A); Chrysafis v Katsapas 1988 4 SA 818 (A).[2] Scoin Trading (Pty) Ltd v Bernstein 2011 2 SA 118 (SCA).

Viewed in the context of an older-growing population, pressure on health-care and social (family and community) resources, and a perceived changed intergenerational ‘care contract’, relationships are often the only avenue open to address the care needs of both older and younger generations in economically deprived environments. This study explored how empathy manifested in the care experiences of older people (8 women and 1 man, aged between 60 and 85 years) in relation to middle adolescents (aged 16 years and younger). Empathy is proposed as an essential quality that can benefit care in any relationship, and indications of this were obtained by applying the Mmogo-method®, a projective visual data collection method. Textual data were analysed thematically, and visual data were analysed using Roos and Redelinghuys’ method of analysis. Findings indicated that older people viewed the relational interactions from a self-centred perspective and in a linear manner, referred to mid-adolescents in judgemental terms, and expressed conditional acceptance of these younger people. The findings indicated the antithesis (the opposite) of empathy, with the implication that older people might not give or elicit empathy in relation to younger people, particularly when the latter reach independence and exercise their autonomy. A lack of giving and receiving empathy holds serious implications for the future care needs of older people.

Abstract. Recent years have seen a number of severe droughts in different regions around the world, causing agricultural and economic losses, famines and migration. Despite their devastating consequences, the Standardised Precipitation Index (SPI) of these events lies within the range of internal climate variability, which we estimate from simulations from the 5th phase of the Coupled Model Intercomparison Project (CMIP5). In terms of drought magnitude, regional trends of SPI over the last decades remain mostly inconclusive in observations and CMIP5 simulations, although Soil Moisture Anomalies (SMAs) in CMIP5 simulations hint at increased drought in a few regions (e.g. the Mediterranean, Central America/Mexico, the Amazon, North-East Brazil and South Africa). Also for the future, projections of meteorological (SPI) and agricultural (SMA) drought in CMIP5 display large uncertainties over all time frames, generally impeding trend detection. Analogue analyses of the frequencies rather than magnitudes of future drought display, however, more robust signal-to-noise ratios with detectable trends towards more frequent drought until the end of the 21st century in the Mediterranean, South Africa and Central America/Mexico. Other present-day hot spots are projected to become less drought-prone, or to display unsignificant changes in drought occurrence. A separation of different sources of uncertainty in drought projections reveals that for the near term, internal climate variability is the dominant source, while the formulation of Global Climate Models (GCMs) generally becomes the dominant source of uncertainty by the end of the 21st century, especially for agricultural (soil moisture) drought. In comparison, the uncertainty in Green-House Gas (GHG) concentrations scenarios is negligible for most regions. These findings stand in contrast to respective analyses for a heat wave indicator, for which GHG concentrations scenarios constitute the main source of uncertainty. Our results highlight the inherent difficulty of drought quantification and the uncertainty of drought projections. However, high uncertainty should not be equated with low drought risk, since potential scenarios include large drought increases in key agricultural and ecosystem regions.

This research study was carried out to investigate the characteristics of drought based on the joint distribution of two dependent variables, the duration and severity, in the Eastern Cape Province, South Africa. The drought variables were computed from the Standardized Precipitation Index for 6- and 12-month accumulation period (hereafter SPI-6 and SPI-12) time series calculated from the monthly rainfall data spanning the last five decades. In this context, the characteristics of climatological drought duration and severity were based on multivariate copula analysis. Five copula functions (from the Archimedean and Elliptical families) were selected and fitted to the drought duration and severity series in order to assess the dependency measure of the two variables. In addition, Joe and Gaussian copula functions were considered and fitted to the drought duration and severity to assess the joint return periods for the dual and cooperative cases. The results indicate that the dependency measure of drought duration and severity are best described by Tawn copula families. The dependence structure results suggest that the study area exhibited low probability of drought duration and high probability of drought severity. Furthermore, the multivariate return period for the dual case is found to be always longer across all the selected univariate return periods. Based on multivariate analysis, the study area (particularly Buffalo City, OR Tambo and Alfred Zoo regions) is determined to have higher/lower risks in terms of the conjunctive/cooperative multivariate drought risk (copula) probability index. The results of the present study could contribute towards policy and decision making through e.g., formulation of the forward-looking contingent plans for sustainable management of water resources and the consequent applications in the preparedness for and adaptation to the drought risks in the water-linked sectors of the economy.

The current labour market has many forms of employment relations that differ from full-time employment. "Atypical," "non-standard," or even "marginal" are terms used to describe these new workers and include, amongst others, parttime work, contract work, self-employment, temporary, fixed-term, seasonal, casual, piece-rate work, employees supplied by employment agencies, home workers and those employed in the informal economy. These workers are often paid for results rather than time. Their vulnerability is linked in many instances to the absence of an employment relationship or the existence of a flimsy one. Most of these workers are unskilled or work in sectors with limited trade union organisation and limited coverage by collective bargaining, leaving them vulnerable to exploitation. They should, in theory, have the protection of current South African labour legislation, but in practice the unusual circumstances of their employment render the enforcement of their rights problematic. The majority of non-standard workers in South Africa are those previously disadvantaged by the apartheid regime, compromising women and unskilled black workers. The exclusion of these workers from labour legislation can be seen as discrimination, which is prohibited by almost all labour legislation in South Africa. This contribution illustrates how the concept of indirect discrimination can be an important tool used to provide labour protection to these workers. The purpose of this article is to explore the scope of the extension of labour rights to non-standard workers in the context of South African labour laws and the international framework.

Abstract. Recent years have seen a number of severe droughts in different regions around the world, causing agricultural and economic losses, famines and migration. Despite their devastating consequences, the Standardised Precipitation Index (SPI) of these events lies within the general range of observation-based SPI time series and simulations from the 5th phase of the Coupled Model Intercomparison Project (CMIP5). In terms of magnitude, regional trends of SPI over the last decades remain mostly inconclusive in observation-based datasets and CMIP5 simulations, but Soil Moisture Anomalies (SMAs) in CMIP5 simulations hint at increased drought in a few regions (e.g., the Mediterranean, Central America/Mexico, the Amazon, North-East Brazil and South Africa). Also for the future, projections of changes in the magnitude of meteorological (SPI) and soil moisture (SMA) drought in CMIP5 display large spreads over all time frames, generally impeding trend detection. However, projections of changes in the frequencies of future drought events display more robust signal-to-noise ratios, with detectable trends towards more frequent drought before the end of the 21st century in the Mediterranean, South Africa and Central America/Mexico. Other present-day hot spots are projected to become less drought-prone, or display non-significant changes in drought occurrence. A separation of different sources of uncertainty in projections of meteorological and soil moisture drought reveals that for the near term, internal climate variability is the dominant source, while the formulation of Global Climate Models (GCMs) generally becomes the dominant source of spread by the end of the 21st century, especially for soil moisture drought. In comparison, the uncertainty from Green-House Gas (GHG) concentrations scenarios is negligible for most regions. These findings stand in contrast to respective analyses for a heat wave index, for which GHG concentrations scenarios constitute the main source of uncertainty. Our results highlight the inherent difficulty of drought quantification and the considerable likelihood range of drought projections, but also indicate regions where drought is consistently found to increase. In other regions, wide likelihood range should not be equated with low drought risk, since potential scenarios include large drought increases in key agricultural and ecosystem regions.

On 22 May 2015, the Supreme Court of Appeal (“SCA”) handed down a judgment in the matter of Lodhi 5 Properties Investments Cc v Firstrand Bank Limited [2015] 3 All SA 32 (SCA). This judgement considered whether the prohibition against the charging of interest on loan in terms of Islamic law (Shariah law) may be a defence for a claim for mora interest in term of a loan agreement. This note critically discusses the judgement in light of the approach adopted by the SCA with regard to addressing dispute arising from a contract that has Islamic law as a governing law. As this is the first case that came before the SCA in South Africa, this note critically analyses how this court discussed the applicable principles of Islamic law as applicable to the dispute between the parties. In particular, it questions the court’s assertion that a claim for mora interest has nothing to do with and is not affected by the Shariah law's prohibition against payment of interest on a loan debt. It also looks at the SCA’s approach (as a common law court) with regard to the enforcement of Islamic banking law principles. This judgement raises important issues regarding the enforceability of Islamic finance law and therefore merits discussion, in light of the continuing growth and expansion of Islamic banking and finance law in South Africa.

This article examines the current approach of the South African courts to the role of good faith or bona fides in contracts, as well as the courts’ stated reasons for this approach. The article specifically examines how arguments based on good faith have fared in the Constitutional Court to date, and the prospects for law reform to emanate from that court in the near future. The author suggests an understanding of good faith which he believes is in line with the Constitution of the Republic of South Africa, 1996 and argues that in terms of such an understanding of a robust good faith doctrine the legal fraternity or the courts can avoid some of the dangers that the judges of the Supreme Court of Appeal have warned about in this context in recent years. The author shares some concluding thoughts on the pressing need for law reform with respect to the role and presence of good faith in contracts.

Most brain related databases bring together specialized information, with a growing number that include neuroimaging measures. This article outlines the potential use and insights from the first entirely standardized and centralized database, which integrates information from neuroimaging measures (EEG, event related potential (ERP), structural/functional MRI), arousal (skin conductance responses (SCR)s, heart rate, respiration), neuropsychological and personality tests, genomics and demographics: The Brain Resource International Database. It comprises data from over 2,000 “normative” subjects and a growing number of patients with neurological and psychiatric illnesses, acquired from over 50 laboratories (in the USA, United Kingdom, Holland, South Africa, Israel and Australia), all with identical equipment and experimental procedures. Three primary goals of this database are to quantify individual differences in normative brain function, to compare an individual's performance to their database peers, and to provide a robust normative framework for clinical assessment and treatment prediction. We present three example demonstrations in relation to these goals. First, we show how consistent age differences may be quantified when large subject numbers are available, using EEG and ERP data from nearly 2,000 stringently screened normative subjects. Second, the use of a normalization technique provides a means to compare clinical subjects (50 ADHD subjects in this study) to the normative database with the effects of age and gender taken into account. Third, we show how a profile of EEG/ERP and autonomic measures potentially provides a means to predict treatment response in ADHD subjects. The example data consists of EEG under eyes open and eyes closed and ERP data for auditory oddball, working memory and Go-NoGo paradigms. Autonomic measures of skin conductance (tonic skin conductance level, SCL, and phasic skin conductance responses, SCRs) were acquired simultaneously with central EEG/ERP measures. The findings show that the power of large samples, tested using standardized protocols, allows for the quantification of individual differences that can subsequently be used to control such variation and to enhance the sensitivity and specificity of comparisons between normative and clinical groups. In terms of broader significance, the combination of size and multidimensional measures tapping the brain's core cognitive competencies, may provide a normative and evidence-based framework for individually-based assessments in “Personalized Medicine.”

Abstract Implementation of a National Health Insurance (NHI) in South Africa requires a reliable, standardized health information system that supports Diagnosis-Related Groupers for reimbursements and resource management. We assessed the quality of inpatient health records, the availability of standard discharge summaries and coded clinical data and the congruence between inpatient health records and discharge summaries in public-sector hospitals to support the NHI implementation in terms of reimbursement and resource management. We undertook a cross-sectional health-records review from 45 representative public hospitals consisting of seven tertiary, 10 regional and 28 district hospitals in 10 NHI pilot districts representing all nine provinces. Data were abstracted from a randomly selected sample of 5795 inpatient health records from the surgical, medical, obstetrics and gynaecology, paediatrics and psychiatry departments. Quality was assessed for 10 pre-defined data elements relevant to NHI reimbursements, by comparing information in source registers, patient folders and discharge summaries for patients admitted in March and July 2015. Cohen's/Fleiss’ kappa coefficients (κ) were used to measure agreements between the sources. While 3768 (65%) of the 5795 inpatient-level records contained a discharge summary, less than 835 (15%) of diagnoses were coded using ICD-10 codes. Despite most of the records having correct patient identifiers [κ: 0.92; 95% confidence interval (CI) 0.91–0.93], significant inconsistencies were observed between the registers, patient folders and discharge summaries for some data elements: attending physician’s signature (κ: 0.71; 95% CI 0.67–0.75); results of the investigation (κ: 0.71; 95% CI 0.69–0.74); patient’s age (κ: 0.72; 95% CI 0.70–0.74); and discharge diagnosis (κ: 0.92; 95% CI 0.90–0.94). The strength of agreement for all elements was statistically significant (P-value ≤ 0.001). The absence of coded inpatient diagnoses and identified data inaccuracies indicates that existing routine health information systems in public-sector hospitals in the NHI pilot districts are not yet able to sufficiently support reimbursements and resource management. Institutional capacity is needed to undertake diagnostic coding, improve data quality and ensure that a standard discharge summary is completed for every inpatient.

<p><em>A number of scholars have been motivated to study the manner to which firms adjust their corporate finance strategies in light of the availability and easiness of accessing external sources of funding. Till recently, researchers have also been interested to analyse the external factors that allow firms to relax their fixed budget and the consequent impact on corporate strategies. These mainly include alterations in the composition of their funding and the second round effects on other corporate decisions such as on investment projects and their dividend policies. External financing can be assessed both from a policy perspective, i.e., via financial liberalisation policies, as well as other development in the financial sector such as availability of alternative bases of finance, both from banks and non-banks. It will thus be pertinent to examine the impact of FL policies as well as availability of financial resources on the capital structure of Mauritian firms and their investment decisions in a post financial liberalization period. A judicious investigation is undertaken and the empirical soundness of our different formulations tested with the techniques of panel data and GMM estimates. We compare and contrast the results in the 7 different sectors notably banking, insurance, leasing, hotel, oil, retail/distributive trade and the construction industry. For a better analysis, the full sample of firms is divided into several subsamples as follows: top 100 companies, firms in group-structure, those which are not in group structures, local firms, international firms, firms with good banking ties, those with good and poor corporate governance, listed and unlisted firms. By employing different econometric investment models, we found that all indices of FL, including the index of money market liberalisation, index of capital account liberalisation and overall financial liberalisation index have do not have any influence on private investment behaviour. In contract, higher amount of money in circulation, bank credit, leasing activities and subsidised financing from the Development bank have a positive impact on private investment expenditures. Development in the financial sector in terms of credit facilities offered by insurance companies, venture capitals and the stock market activities have not been effective in inducing firms to increase their investment portfolios.</em></p>

Transparency in insurance law attaches to the rights and duties of the parties, the relationships between insurers, insurance intermediaries such as agents and brokers, insurance supervisory law and insurance dispute resolution procedures. Regarding the rights and duties of the insurer and the prospective policyholder, it requires insurers to disclose precontractual information in a timely manner that is clear, understandable, legible and unambiguous. Transparency as a value is incredibly important in insurance contracts. This contribution focuses exclusively on the insurer's duty of disclosure during precontractual negotiations. Although the insured's duty of disclosure has enjoyed more attention in the past, the duty clearly applies to the insurance proposer as well as the insurer. The purpose of this contribution is to evaluate the nature and extent of the insurer's transparency duties as informed by both common and statutory laws.The insurer's duty is derived primarily from the statutory rights of access to information in accordance with the provisions of the Constitution of the Republic of South Africa and the Promotion of Access to Information Act. It is furthermore supported by specific insurance consumer protection law found in the detailed provisions on mandatory disclosures in the Financial Advisory and Intermediary Services Act, the Long-term Insurance Act, the Short-term Insurance Act and, finally, the Policyholder Protection Rules issued in accordance with these acts. Strict rules on advertising can be found in the General Code of Conduct issued under the FAIS Act.The Act furthermore specifically targets the activities of insurance intermediaries in precontractual disclosures. The fact that insurance products and services have been exempted from the scope of the Consumer Protection Act from 28 February 2014 should not diminish the insured's right to rely on universal consumer protection principles as envisaged by South African insurance legislation. The insurer's duty to disclose is in the last instance also derived from the common law duty not to make misrepresentations by commission or omission. When negotiating an insurance contract, the insurer's duty to speak is not based on a general requirement of bona fides, but is recognised as an ex lege duty due to the involuntary reliance of the prospective insured on information supplied by insurers in the market. A lack of transparency should lead to the insurer's accountability. A failure to disclose material information or a disclosure of false information that goes to the root of the matter and that induces the prospective policyholder to buy the insurance product is recognised as an actionable misrepresentation. Statutory provisions do not diminish the common-law duty not to make misrepresentations, but provide details of the nature and extent of the information duty to provide clarity and legal certainty in the determination of the standards of transparency required in law. In addition, statutes provide for enforcement actions by regulators, orders that could affect the licence of the insurer and provide for punishable offences and penalties. In terms of common law, a misrepresentation by omission or commission renders the insurance contract wholly or in part voidable. The policyholder may decide to rescind the contract and claim restitution. He may also, in conjunction with rescission, or as an alternative when deciding to maintain the contract, claim delictual damages or even constitutional damages when judged by a court of law as appropriate relief. Statutory remedies include a monetary award by the Insurance Ombud. Even though such an award is capped at R800 000, it is submitted that it is preferred to a civil law damages claim.

Purpose This paper aims to propose an information privacy culture index framework (IPCIF) with a validated information privacy culture index instrument (IPCII) to measure information privacy culture across nations. The framework is based on consumers’ privacy expectations, their actual experiences when organisations process their personal information and their general privacy concerns. Design/methodology/approach A survey method was deployed to collect data in South Africa – the first participating country in the study – to start building a global information privacy culture index (IPCI) and to validate the questionnaire. Findings The IPCI revealed that there seems to be a disconnect between what consumers expect in terms of privacy and the way in which organisations are honouring (or failing to honour) those expectations, which results in a breach of trust and the social contract being violated. Practical implications Governments, information regulators and organisations can leverage the results of the privacy culture index to implement corrective actions and controls aimed at addressing the gaps identified from a consumer and compliance perspective. The validated IPCII can be used by both academia and industry to measure the information privacy culture of an institution, organisation or country to identify what to improve to address consumer privacy expectations and concerns. Originality/value The IPCIF and validated IPCII are the first tools that combine the concepts of consumer expectations and their confidence levels in whether organisations are meeting their privacy expectations, which are in line with the fair information practice principles and the privacy guidelines of the Organisation for Economic Cooperation and Development, to determine gaps and define improvement plans.

Abstract The Eastern Mediterranean region of the Middle East and North Africa (MENA) is experiencing patterns of major drought due to the effects of rising temperatures and falling precipitation levels. The multiscale drought evaluation Standardized Precipitation Evapotranspiration Index (SPEI) reveals evolving and severe drought from North Africa and the Sinai desert toward the Middle East. While there has been a period without drought between 1970 and 1990, the severity and frequency of drought increased considerably after 1990. Current drought conditions in the Eastern Mediterranean region of MENA are moderate to severe with a 60–100% likelihood of occurrence, according to time parameters. The Gaza Strip is especially vulnerable to the consequences of increasing drought because it is situated in the vicinity of the Sinai Desert; therefore, a downscaled study of drought in the region is essential to implement mitigation measures for the sustainable management and planning of coastal aquifer and agricultural activities in the Gaza Strip. Considerable availability of precipitation time series from various meteorological stations helped provide a local drought study for the Gaza Strip, in accordance with the Standardized Precipitation Index (SPI). The stochastic time-series model of (4,0,1) (5,1,1)12 shows a robust simulator for modeling and forecasting the future trend of precipitation at the nine meteorological stations. In terms of correlation accuracy, the model achieves a correlation (r) of approximately 93–97% in the calibration range and a correlation (r) of about 92–99% in the validation range. In terms of measuring the difference between the values, the root mean squared error (RMSE) of the model results shows that the RMSE was between 7–21 in the calibration range and 11–21 in the validation range. The model reveals a slightly stable trend in precipitation patterns at the northern meteorological stations of Beit Hanon, Beit Lahia, Shati, and Remal. However, declining precipitation tendency was recorded at the southern meteorological stations of Mughraka, Nussirat, Beir Al-Balah, Khanyounis, and Rafah. The SPI-based drought assessment implies that the precipitation annual threshold levels at SPI = 0 drop territorially from 474 mm in the north to about 250 mm in the south of the Gaza Strip. In this study, a representative 12-month local scale SPI12 at an annual precipitation threshold level of 370 mm was formulated to address the drought conditions in the Gaza Strip. Standing on the outputs of the local SPI12 scale might signify that the region of the Gaza Strip risks drought status with an incidence likelihood varying from 8% in the north to 100% in the south. Regular drought is prevalent in the northern governorates, but the hazards of extreme and severe drought are high in the southern areas with an incidence risk of about 83%. Sequentially, southern governorates of Rafah and Khanyounis experience chronic annual drought, while the return period of drought is reported to be every 9–12 years in the northern governorates of the Gaza Strip. The rain-fed years of 1998 and 2010 reported the worst periods of drought, while the period of 2016 showed a good droughtless water balance. Overall, the no-drought status might define the prospective conditions in the governorates of North Gaza, Gaza, and central Gaza over the next 20 years, while Rafah and Khanyounis are anticipated to be under normal to severe drought conditions.

Maha Appraisal Hits Gas for Eni in Indonesia Eni encountered natural-gas-bearing sands with its Maha 2 well in the West Ganal Block offshore Indonesia. Drilled to a depth of 2970 m in 1115 m water depth, the well encountered 43 m of gas-bearing net sands in levels of Pliocene Age, according to the operator. A production test, which was limited by surface facilities, recorded a gas deliverability of the reservoir flowing at 34 MMscf/D. The opera-tor collected data and samples during the test, to study in preparation of a field development plan for the Maha field. Two additional appraisal wells are planned for the discovery. Eni, along with partners Neptune West Ganal BV and P.T. Pertamina Hulu West Ganal, expect the field to be developed subsea and tied back to the nearby Jangkrik floating production unit (FPU), about 16 km to the northwest. Eni has been operating off Indonesia since 2001. Its current equity production in the region is around 80,000 BOE/D. Shell Sells Out of Philippines Gas Field Royal Dutch Shell has agreed to sell its stake in the Malampaya offshore gas field in the Philippines for $460 million. The major sold its 45% stake in Service Contract 38 (SC38), a deepwater license which includes the producing gas field, to a subsidiary of the Udenna Group, which already holds a 45% stake in the project. The divestment is part of the company’s strategy to narrow its oil and gas operations. The base consideration for the sale is $380 million, with additional payments of up to $80 million in 2022 and 2024 contingent on asset performance and commodity prices, according to Shell. The deal is due to complete by the end of 2021. The Malampaya gas field, discovered in 1991, currently supplies fuel to power plants that deliver about a fifth of the country’s electricity requirements, based on energy ministry data. Equinor Green Lights First Phase of Bacalhau Development Off Brazil Equinor, along with partners ExxonMobil, Petrogal Brasil, and Pré-Sal Petróleo SA, will move forward with a planned $8-billion Phase 1 development of the Bacalhau field in the Brazilian pre-salt Santos area. The Bacalhau field is situated across two licenses, BM-S-8 and Norte de Carcará. The target resource is a high-quality carbonate reservoir containing light oil. The development will consist of 19 subsea wells tied back to a floating production, storage, and offloading unit (FPSO) located at the field. The vessel will be one of the largest FPSOs in Brazil with a production capacity of 220,000 B/D of oil and 2 million bbl of storage capacity. The stabilized oil will be offloaded to shuttle tankers and the gas from Phase 1 will be re-injected in the reservoir. The FPSO contractor will operate the FPSO for the first year. Thereafter, Equinor plans to operate the facilities until the end of the license period. The development plan was approved by the Brazilian National Agency of Petroleum, Natural Gas, and Biofuels (ANP) in March 2021. First oil from the field is slated for 2024. Wintershall Strikes Gas at Dvalin North An exploration well drilled by Wintershall on its Dvalin North prospect in the Norwegian Sea has encountered a significant gas reservoir. The discovery at Dvalin North is estimated to hold to hold 33–70 million BOE and is just 12 km north of the company’s operated Dvalin field and 65 km north of the operated Maria field. The well also encountered hydrocarbons in two shallower secondary targets, with a combined resource estimate of 38–87 million BOE, making the potential for the field in excess of 150 million BOE. The well, drilled by the Deepsea Aberdeen rig, encountered gas, condensate, and oil columns of 33 m and 114 m in the Cretaceous Lysing and Lange formations, respectively. In the primary target in the Garn Formation, the well found a gas column of 85 m. The license partners, including Petoro and Sval Energi, are evaluating development options for the discovery, which could include a tieback to the Dvalin field. Third Odfjell Rig Tapped by Equinor Odfjell has been awarded a three-well, $40-million drilling contract for its semisubmersible drilling unit Deepsea Stavanger by Equinor. The rig will join sister units Deepsea Atlantic and Deepsea Aberdeen under contract with the Norwegian operator. The rig is scheduled to start drilling the first of three planned exploration wells in the North Sea in February 2022. The wells are expected to take about 4 months to complete. The contract includes continuing options after the initial phase. South Africa Shale Tests Encounter Gas at Karoo Pockets of shale gas were encountered during test drilling in the semi-desert Karoo region of South Africa, according to the nation’s energy ministry. A total of 34 gas samples had been bottled and taken to laboratories after the government’s Council for Geosciences set out to drill a 3500-m stratigraphic hole in the Karoo to establish and test the occurrence of shale gas. “The first pocket of gas was intercepted at 1734 m with a further substantial amount intercepted at 2467 m spanning a depth of 55 m,” said Gwede Mantashe, South African energy minister, during his budget vote in parliament on 18 May. In 2017, geologists at the University of Johannesburg and three other institutions estimated the gas resource in the Karoo was probably 13 Tcf. Earlier, the US Energy and Information Administration estimated the Karoo Basin’s technically recoverable shale-gas resource at 390 Tcf, then making it the eighth largest in the world and second largest in Africa behind Algeria. Seadrill Venture Nets New Drilling Contract Seadrill’s Sonadrill Holding Ltd., the 50/50 joint venture with an affiliate of Sonangol, has secured a 12-well contract with one option for nine wells and 11 one-well options in Angola for drillship Sonangol Quenguela. The $131-million contract before options is inclusive of mobilization revenue and additional services with commencement expected in early 2022 and running through mid-2023. The contract is contingent on National Concessionaire approval. Sonangol Quenguela is the second of two Sonangol-owned drillships to be bareboat-chartered into Sonadrill. The drillship is a seventh-generation, DP3, dual activity, e-smart ultradeepwater drillship delivered in 2019, capable of drilling up to 40,000-ft wells. A further two Seadrill-owned units are expected to be bareboat-chartered into Sonadrill. Seadrill will manage and operate the four units on behalf of Sonadrill. Shell Makes US Gulf Discovery at Leopard An exploration well at the Shell-led Leopard prospect in the deepwater US Gulf of Mexico encountered more than 600 ft net oil pay at multiple levels. Leopard is in Alaminos Canyon Block 691, approximately 20 miles east of the Whale discovery, 20 miles south of the recently appraised Blacktip discovery, and 33 miles from the Perdido spar host facility. Evaluation is ongoing to further define development options. According to Shell, Leopard is an opportunity to increase production in the Perdido Corridor, where its Great White, Silvertip, and Tobago fields are already producing. Meanwhile, the Whale discovery, also in the Perdido Corridor, is progressing toward a final investment decision in 2021. Shell operates Leopard with a 50% working interest. Partner Chevron holds the remaining 50% stake. Shell Could Leave Tunisia in 2022 Shell informed Tunisian authorities in May it will hand back upstream concessions and leave the country next year as it turns its focus to renewable energy, according to a Reuters report sourcing a senior official in the country’s energy ministry. The license in question is the Miskar concession in the southern city of Gabes. The operator has also requested the early hand-back of the Asdrubal permit, which expires in 2035. Recent reports suggest the operator may be looking for the Tunisian government to extend its permit on the field under more favorable terms ahead of its planned departure.

This edition of PER consists of one oratio, 13 articles and one book review dealing with a variety of themes.The first contribution is an oratio delivered by Lourens du Plessis at a colloquium hosted by the Faculty of Law, University of the Western Cape, on 2 October 2015 to celebrate his life and work, in which he aptly refers to himself as a "learned jackal for justice".The first of the 13 articles is by Lonias Ndlovu, who uses the 2013 Supreme Court of India case of Novartis AG v Union of India to argue for legislative reform by SADC members in the granting of patents for new versions of old medicines. Secondly, Lunga Siyo and John Mubangizi consider whether the existing constitutional and legislative mechanisms provide sufficient judicial independence to South African judges, which is fundamental to democracy.Leah Ndimurwimo and Melvin Mbao trace the root causes of Burundi's systemic armed violence and argue that despite several UN Security Council Resolutions and peace agreements aimed at national reconciliation and reconstruction, mass killings and other heinous crimes remain unaddressed. In the fourth place, Marelize Marais and Jan Pretorius present a detailed contextual analysis of the categorical prohibition of hate speech in terms of section 10(1) of the Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000 (the Equality Act). Phillipa King and Christine Reddell discuss the pivotal role of the public in water use rights, especially in the context of theNational Water Act 36 of 1998 in the fifth article. The difficulties surrounding the tripartite scheme of statutory, constitutional and living law in a pluralistic system such as South Africa are the focus of the article by Rita Ozoemena. She uses the case of Mayelane v Ngwenyama 2013 4 SA 415 (CC) as an example to illustrate the difficulties experienced in trying to balance this scheme. Angela van der Berg critically discusses and describes from a legal perspective the potential and function of public-private partnerships (PPPs) between local government (municipalities) and the private sector in fulfilling the legally entrenched disaster management mandate of municipalities. André van der Walt and Sue-Mari Viljoen argue that there are sound theoretical and systemic reasons why it is necessary to keep in mind the differences between property, land rights and housing rights when analysing, interpreting and applying any of these rights in a specific constitutional text. The special procedural measures which must be considered in terms of the Consumer Protection Act 68 of 2008 in order to decide if a contract is procedurally fair are analysed by Philip Stoop in his article. Liz Lewis also scrutinises the judicial development of customary law in the case of Mayelane v Ngwenyama 2013 4 SA 415 (CC). She pleads for a judicial approach which take cognisance of the norms and values with reference to their particular context and audience instead of those embedded in international and western law. Water security, which is dealt with by Ed Couzens, remains a highly topical theme in a country such as South Africa. He explores ways to circumvent the effects of the Constitutional Court in Mazibuko v City of Johannesburg 2010 4 SA 1 (CC) with regard to the allocation of water to the poor. Izelle du Plessis discusses some of the existing opinions regarding the incorporation of double taxation agreements into the domestic law of South Africa. Last, but not least, Koos Malan deliberates on the rule of law and constitutional supremacy and comes to the conclusion that they are, from the perspective of the factual dimension of the law, more susceptible to the volatility of unpredictable changes and instability than the doctrine of the rule of law and constitutional supremacy purport them to be.In the last contribution to this edition, Robbie Robinson reviews the book "International Law and Child Soldiers" written by Gus Waschefort and published by Hart Publishing (Oxford) in 2015. He is of the opinion that the book is asine qua non for studies of children in international law.

IntroductionDecision-makers in low- and middle-income countries (LMICs) often must prioritize health spending without quantitative benchmarks for the value of their purchases. The Tufts Global Health Cost-Effectiveness Analysis (GH CEA) Registry (healtheconomicevaluation.org/GHCEARegistry/) is a freely-available, curated and standardized dataset designed to address this need.MethodsAll indexed English-language articles published between 1995 and 2017 are currently included in the GH CEA Registry. Studies are limited to those reporting cost-effectiveness in terms of cost per disability-adjusted life years (DALYs) averted, a commonly-employed metric in global health. Abstracted data include intervention type, comparator(s), country, funding source, study characteristics (e.g., perspective, time horizon), primary study findings, sensitivity analyses, and disaggregated data on costs and DALYs. Study quality is assessed using a numerical scoring system (from 1-7, higher scores indicating better quality) based on accuracy of findings and comprehensive reporting of methods and results.ResultsTo date, 620 articles have been included in the GH CEA Registry. Among LMICs, studies have been conducted primarily in Sub-Saharan Africa (41 percent) or South Asia (34 percent), have focused on communicable diseases (67 percent), and have involved immunization, educational, or pharmaceutical interventions (67 percent). As a priority-setting example, seven percent of interventions from higher-quality studies (ratings of 5 or higher) were reported to be cost-saving (i.e., lower costs and greater DALYs than standard care), two-thirds of which involved primary disease prevention (e.g., immunization, educational or behavioral interventions).ConclusionsThe GH CEA Registry is a new tool for decision-makers in LMICs, particularly those without a formal health technology assessment infrastructure but with a remit for providing access to essential, cost-effective health interventions. New functions are under development, including league tables for priority ranking, a repository for shared models, and tools for enhancing transferability between settings.

The right to freedom of religion is one of the fundamental human rights. This is evident from several sections of the Constitution of the Republic of South Africa, 1996 (the Constitution), including sections 9, 15 and 31. Section 9(4) prohibits unfair discrimination (whether direct or indirect) against anyone on one or more of the grounds listed in section 9(3), which includes religion. Section 15(1) states that everyone has the right to freedom of conscience, religion, thought, belief and opinion, while section 31(1)(a) provides that persons belonging to a religious community may not be denied the right to practise their religion with other members of the community.In line with the Constitution, labour legislation such as the Labour Relations Act 66 of 1995 (LRA) and the Employment Equity Act 55 of 1998 (EEA) also protects this right. Section 187(1)(f) of the LRA provides that if an employee is discriminated against and is dismissed based on religion, among other grounds, such a dismissal will be deemed to be an automatically unfair dismissal. Section 6(1) of the EEA prohibits unfair discrimination, whether direct or indirect, in any employment policy or practice based on prohibited grounds such as religion. It is evident from all the above provisions that the right to freedom of religion is vital to people’s lives, including employees’ lives.Although an employee has the right to practise religion, he or she also has the common-law duty to render services or to put his or her labour potential at the disposal of the employer as agreed in terms of the contract of employment – except during the employee’s annual leave, sick leave and maternity leave. An employee may therefore be in breach of this duty if he or she refuses to work or deserts his or her employment or absconds from his or her employment or is absent from work without permission. In addition to the above duty, employees have a duty to serve the employer’s interests and to act in good faith. Often, employees’ right to freedom of religion collides with their duty to render services and to serve the employer’s interests; employees present various reasons related to their religious practices for their failure to render services. As a result, employers are regularly required to be lenient and make efforts to accommodate employees’ religious beliefs in the workplace. At times, this becomes a burden to employers as they have to accommodate employees with diverse individual religious interests, but also ensure that their businesses remain operational. Religion remains one of the most contentious and problematic areas for employees and employers to deal with in the workplace.The discussion that follows evaluates the court’s finding in view of relevant constitutional provisions, labour law legislation and common law. It further considers the position under American law regarding religion and reasonable accommodation in the workplace.

The Preamble and Chapter 1 This contribution is intended to be the first installment of a systematic interpretation of the Constitution of the Republic of South Africa 1996. Due to the foundational and repetitive reference in the text to values, regard must constantly be had to those values when this Constitution is interpreted. Even though the preamble does not contain positive norms, is an important interpretive source of the foundations of the Constitution. An important deviation from the preamble of the 1993 Constitution, is that the term Rechtsstaat ("constitutional state") is not employed. The introduction of this notion in South African law and its meaning in general is described. With reference to relevant dicta in recent constitutional cases, the Constitutional Principles in terms of which the 1996 Constitution was formulated and the text of the Constitution itself, it is argued that this is essentially a Rechtsstaat Constitution, but that the divergence in the range of constitutional values creates the danger of the constitutional state floundering in the waters of the social state. Section 1, being the foundational provision, is not unamendable, but it is very tightly entrenched. The most profound values of the Constitution are set out in this compact formulation. The question is inevitably raised whether, where values have to compete for precedence in concrete circumstances, a hierarchy of values must be construed. An analysis of section 1 in the context of other relevant provisions of the Constitution reveals that human dignity is the primary nuclear value of theConstitution, supported by equality and freedom. Democracy, supremacy of theConstitution and the rule of law are structural and procedural values of the Constitution subordinate to the nuclear values and non-racialism and non-sexism are derived values. How it is possible for a constitution to be superior law, as section 2 provides regarding the 1996 Constitution, is analysed against the background of the social contract theory. The weaknesses of this theory are exposed and it is argued that the force external to the Constitution that guarantees its primacy, is its practical legitimacy, i.e. sufficient support or acceptance of the authority of the Constitution by the citizenry. Section 2 is phrased in strong terms and means that no juridically relevant conduct, be it of a private or public law nature, can escape the test of constitutionality. In the interpretation of section 3 the nature of citizenship and nationality is analysed with reference to international authorities and definitions of these concepts are developed. The legal implications of citizenship in the context of the Constitution are set out and the historical context of citizenship having been used in pre-constitutional times as an instrument for creating separate ethnic states, is described. The current post modern tendency in places to devalue citizenship is contrasted with the importance being attached to the notion in South Africa in the context of nation building and the employment of expatriates. Regarding sections 4 and 5 the formal regulation of the national anthem and national flag is described. The national anthem may be amended by presidential proclamation, but changes to the national flag require an amendment of the Constitution. Section 6, which deals with the complex language matter, protects linguistic diversity rather than the status of any languages. The Constitutional Court has determined that, although no express provision to this effect exists, individuals are entitled to use the language of their choice in their dealings and communications with the government. The state is required to promote "the indigenous languages of our people." This is interpreted to include the nine official indigenous African languages, Afrikaans, Khoi, Nama and San. In the determination of language policies Municipal Councils are required to take the language usage and preferences of the inhabitants into account and in the national and provincial at least two official languages must be used. Essential facts regarding language usage, demographic distribution, etc. must be taken into consideration for the determination of a language policy to conform to the Constitution.

Until recently, only economically developed West-oriented states launched integration initiatives encompassing the entire Asia-Pacific region. However, over the last few years Beijing proposed several such initiatives embracing territories from America to Africa. The paper discusses the changes in Chinese views towards the leadership in modern world. Recent events in Syria, Ukraine, South China Sea and East China Sea made it clear that the world becomes more polycentric, with Russia and China resistant to external interference in the territories of their vital interests. The latest trends in East Asian and Asia-Pacific regionalism are singled out. China and USA have been the main rivals in initiating and supporting competing integration models. China has demonstrated unprecedented activity and launched several integration projects of trans-regional (Asia-Pacific and Eurasia) and on regional levels (East Asia). However, despite its growing geopolitical and economic aspirations, Beijing is not frontally challenging Washington-led system of intergovernmental agreements and financial institutions in Asia. Instead, Beijing is forming an alternative pro-Chinese model of integration without US participation (or with their secondary role) thus trying to gradually transform the Asia-Pacific to post-American hegemony model. President Xi Jinping put forward a concept of “Asia-Pacific Dream”. It incorporates formation of the “Silk Road Economic Belt” and the “New Maritime Silk Road” that will link the economies of Asia, Europe and Africa. By proposing these large scale infrastructure projects and two new regional financial institutions (Asia Infrastructure Investment Bank and New Development Bank), the Chinese leadership renewed its global and regional politics, attempting to create a Eurasian “economic corridor” which could serve not only its regional and global interests, but for the common good of whole Asia and the world. Obviously, “New Silk Roads” strategy faces geopolitical and other challenges; yet, even it partial realization would make China a leader of the continental part of Eurasia. In terms of global and regional governance these trends can be strengthened through coordinated policy of Moscow and Beijing towards including these projects into the agenda of non-Western intergovernmental institutions, such as BRICS, SCO, Eurasian Economic Union (EEU), and others. Moreover, strategic cooperation with Russia is one of the principal factors to secure the success of China’s integration plans in the Asia-Pacific and especially in Eurasia. For its part, Moscow should deepen interaction and effectively utilize the resources of “rising” China to support Russia’s interests in Eurasia and the Asia-Pacific. It is necessary for Moscow to coordinate efforts with Central Asian states and China to elaborate co-development plans for infrastructural initiatives put forward by the SCO, EEU and the “Silk Road Economic Belt”. At the same time, Moscow should increasingly encourage Chinese investment into the Russian Far East. Acknowledgements. This article has been prepared in the framework of contract with the RF Ministry of Education and Science “Formation of the New International Order in the Asia-Pacific and National Interests of Russia”, project № 1430.

Background: Multiple myeloma (MM), is a clonal plasma cell neoplasm characterized by destructive bony lesions, anemia, and renal impairment. MM is a global disease - worldwide in 2016, there were 138509 incident cases with an age standardized incidence rate (ASIR) of 2.1 per 100 000 persons, with a 126% global increase in incident cases from 1990 to 2016 (Cowan AJ et al JAMA Oncology 2018). Access to effective care, including proteasome inhibitors, immunomodulatory agents, and autologous hematopoietic stem cell transplantation (HSCT) is largely limited to high-income sociodemographic index (SDI) countries. SCT remains the standard of care for eligible patients, and in general is more affordable and accessible worldwide than novel therapies. We sought to evaluate the rates and utilization of ASCT globally from 2006-2015 to better characterize access to SCT for patients with MM. Methods: This was a new analysis of a retrospective survey of WBMT sites, conducted annually between 2006-2015, as described previously (Niederwieser et al BMT 2016). Incidence data estimates were reported from the Global Burden of Disease study (Institute for Health Metrics and Evaluation. 2019 'GBD Results Tool.' Global Health Data Exchange. Seattle WA: University of Washington. Accessed 1 June 2019). South Asia and East Asia regions were combined for this analysis. Outcome measures included total number of autologous and allogeneic stem cell transplants by World Bank (WB) regions, and percentage of newly diagnosed MM patients who underwent ASCT, calculated by the number of transplants per region in calendar year / gross annual incidence of MM per region. Results: From 2006 to 2015, the number of autologous HSCT performed worldwide for MM increased by 107% (Figure 1). Activity increased in each region from 2006 to 2015 from 56% in USA and Canada to 335% in Latin America. Utilization of autologous HSCT was highest amongst the Northern America and European WB regions, with an increase from 13% to 24% in Northern America, and an increase from 15% to 22% in Europe. The activity increased considerably in the Latin American countries (335,46% increase) and the utilization reached &gt;10%. In contrast, the utilization of autologous HSCT was much lower in the Africa/Mediterranean and Asian/Pacific region, with autologous HSCT utilization only changing marginally from 1.8% in 2006 to 4% in 2015 despite increase in activity. The number of first allogeneic HSCT performed globally for MM declined after a peak in 2012 by -3% since 2006 mostly in North America. Allogeneic HSCT remains highest amongst the European WB region (increase 8%). The increase in activity was accompanied by an increase in team numbers from 1327 in 2006 to 1581 in 2015 but also by an increase of activity in the teams. Discussion: Autologous HSCT utilization has increased worldwide in high-income SDI WB region countries for MM yet has not increased proportionally amongst low-middle income WB regions. There is a disparity in autologous HSCT utilization amongst high-income regions, exceeding 20% in North America and Europe, while remaining poorly utilized in Africa and the East Mediterranean. Latin America has increased their utilization and is for the first time above 10%. However, we are limited with respect to use of incidence data in LMIC countries from the GBD, likely due to under reporting. Conflicting clinical trial data likely contributed to the decline in some regions for first allogeneic HSCT in MM. More work is needed to improve access to transplantation services for MM patients, especially in low to middle income countries. Conclusion: Although autologous HSCT numbers and rates have increased globally, there are marked disparities in usage amongst high versus low to middle income countries. More work is needed to improve access to HSCT for MM globally. Figure 1 Disclosures Cowan: Celgene: Consultancy, Research Funding; Cellectar: Consultancy; Juno: Research Funding; Sanofi: Consultancy; Abbvie: Research Funding; Janssen: Consultancy, Research Funding. Atsuta:Janssen Paharmaceutical K.K.: Honoraria; Kyowa Kirin Co., Ltd: Honoraria; Chugai Pharmaceutical Co., Ltd.: Honoraria; Mochida Pharmaceutical Co. Ltd: Honoraria. Worel:Sanofi Genzyme, Malinckrodt Therakos: Research Funding; Jazz, Sanofi, Celgene, Novartis, Malinckrodt Therakos: Honoraria; Sanofi Genzyme, Malinckrodt Therakos: Speakers Bureau. Libby:Alnylam: Consultancy; Abbvie: Consultancy; Pharmacyclics and Janssen: Consultancy; Akcea: Consultancy. Pasquini:Novartis: Research Funding; Kite Pharmaceuticals: Research Funding; BMS: Research Funding; Medigene: Consultancy; Amgen: Consultancy; Pfizer: Consultancy. Galeano:Szabo SA: Other: (Equity interest). Szer:Amgen: Honoraria, Other: Travel, Research Funding; Alexion: Honoraria, Other: Travel, Research Funding; Pfizer: Honoraria, Other: Travel, Research Funding; Sanofi: Honoraria, Other: Travel, Research Funding; Takeda: Honoraria, Other: Travel, Research Funding; Prevail Therapeutics: Honoraria, Other: Travel, Research Funding; Novartis: Honoraria, Other: Travel, Research Funding; MSD: Honoraria, Other: Travel, Research Funding; Celgene: Honoraria, Other: Travel, Research Funding. Kroeger:Neovii: Honoraria, Research Funding; Celgene: Honoraria, Research Funding; Riemser: Research Funding; JAZZ: Honoraria; Sanofi-Aventis: Honoraria; Novartis: Honoraria, Research Funding; Medac: Honoraria; DKMS: Research Funding. Weisdorf:Fate Therapeutics: Consultancy; Incyte: Research Funding; Pharmacyclics: Consultancy. Niederwieser:Cellectis: Consultancy; Daichii: Speakers Bureau.

Physiotherapists as well as otherhealth care providers a reunder pressure to provide evidence for the effectiveness of their interventions. Therefore it has become necessary to employ standardized androbust outcome measures in clinical practice. The objective of this study was to determine the awareness of and use of outcome measures (OM’s)amongst physiotherapists in South Africa. A survey was conducted in2004 using a self-developed electronic questionnaire consisting of 18questions, both open- and closed-ended. A population-based sample consisting of 1102 members on the email address list of the South Africa Society of Physiotherapy (SASP) was used. Data analysis consisted ofboth descriptive statistics and qualitative analysis for the open-endedquestions. The response rate was 15.2% (n=168). Ninety one percent of respondents reported to have heard of OM’s while 84% reported using OM’s regularly. Impairment related measures were predominantly in use. The two main themes that emerged from therespondents’comments related to reasons forusing OM’s were “effective clinical practice”(82%) and “evidence-basedpractice” (15%). Time constraints and lack of sufficient knowledge in the use of OM’s, were cited as obstacles tousing OM’s. These findings have implications forthe South African physiotherapy community in terms of education,continuous professional development (CPD) and future research in the usage frequency of OM’s.

Abstract Background Deletion of pfhrp2 and/or pfhrp3 genes cause false negatives in malaria rapid diagnostic test (RDT) and threating malaria control strategies. This systematic review aims to assess the main methodological aspects in the study of pfhrp2 and pfhrp3 gene deletions and its global epidemiological status, with special focus on their distribution in Africa; and its possible impact in RDT. Methods The systematic review was conducted by examining the principal issues of study design and methodological workflow of studies addressing pfhrp2 deletion. Meta-analysis was applied to represent reported prevalences of pfhrp2 and pfhrp3 single and double deletion in the World Health Organization (WHO) region. Pooled-prevalence of deletions was calculated using DerSimonnian-Laird random effect model. Then, in-deep analysis focused on Africa was performed to assess possible variables related with these deletions. Finally, the impact of these deletions in RDT results was analysed combining reported information about RDT sensitivity and deletion prevalences. Results 49 articles were included for the systematic review and 37 for the meta-analysis, 13 of them placed in Africa. Study design differs significantly, especially in terms of population sample and information reported, resulting in high heterogeneity between studies that difficulties comparisons and merged conclusions. Reported prevalences vary widely in all the WHO regions, significantly higher deletion were reported in South-Central America, following by Africa and Asia. Pfhrp3 deletion is more prevalent (43% in South-Central America; 3% in Africa; and 1% in Asia) than pfhrp2 deletion (18% in South-Central America; 4% in Africa; and 3% in Asia) worldwide. In Africa, there were not found differences in deletion prevalence by geographical or population origin of samples. The prevalence of deletion among false negatives ranged from 0 to 100% in Africa, but in Asia and South-Central America was only up to 90% and 48%, respectively, showing substantial relation between deletions and false negatives. Conclusion The concerning prevalence of pfhrp2, pfhrp3 and pfhrp2/3 gene deletions, as its possible implications in malaria control, highlights the importance of regular and systematic surveillance of these deletions. This review has also outlined that a standardized methodology could play a key role to ensure comparability between studies to get global conclusions.

Hearing impairment has far reaching consequences for affected individuals, in terms of quality of life indicators. In a developing South African context the hearing impaired population is faced with limited aural rehabilitation services. This study evaluated self-reported outcomes of aural rehabilitation in a group of adults in the public healthcare sector with a standardized outcomes measurement tool (IOI-HA). Sixty-one respondents participated (44% males; 56% females), with a mean age of 69.7 years. Results revealed that the majority of respondents experienced favourable outcomes in all domains of the inventory comprising of: daily use of hearing aids, benefits provided by hearing aids, residual activity limitation, satisfaction with hearing aids, residual participation restriction, impact of hearing difficulties on others, and changes in quality of life. Statistically significant relationships were obtained between the daily use of hearing aids, the degree of hearing loss, and the type of hearing aids fitted, as well as the benefits received from hearing aids in difficult listening environments (p < 0.05). Despite challenges of developing contexts, the mean scores distribution compared positively to similar reports from developed countries. Outcomes of improved quality of life emphasize the importance of providing affordable hearing aids and services to all hearing impaired individuals in South Africa.

Consumerism has been around for quite some time, giving rise to the need to protect consumers against exploitation by suppliers. In the South African context the impetus to extend protection to consumers of goods and services however only gained proper momentum at the beginning of the 2000s. The Electronic Communications and Transactions Act 25 of 2002 was introduced to provide protection in respect of online transactions. With the introduction of the National Credit Act 34 of 2005 that affords protection to consumers in the credit market as well as the Consumer Protection Act 68 of 2008 that affords protection to consumers in a wide variety of instances consumer protection in South Africa has eventually reached an acceptable level.The CPA, being the most recent in the aforementioned trio of consumer protection legislation, is a comprehensive piece of legislation that extends protection to South African consumers in a wide variety of matters, inter alia, providing them with rights in respect of defective goods, contract terms, franchise agreements, auctions, product liability and so forth. The CPA was signed into law by the President on 24 April 2009 and was put into effect incrementally. The general effective date of the CPA is 31 March 2011 and the regulations issued in terms of the Act were published on 1 April 2011.The fast-developing mobile (cellphone) industry, where products and services improve constantly, necessitates the forging of consumer–brand relationships in order to keep consumers brand loyal and thus to prevent them from switching to competing brands. The South African cellphone industry has been characterised by major growth and is regarded as being one of the fastest-growing industries on the African continent. The number of cellphone users has more than doubled from 12 million in 2005 to 28 million in 2011, constituting 82% of the adult South African population. Competition between cellphone brands has also increased as a variety of different cellphone handsets and smart phones have started entering the South African market, making them accessible and affordable to South African consumers, as well as making it easier to switch between brands. South Africa has shown rapid growth in the number of cellphone users, leading the market to reach saturation. This rapid growth has also led to major network congestion and subsequent service problems related to the South African cellphone service provider networks. Subsequently, customers are showing high levels of customer dissatisfaction, requiring service recovery strategies to be put in place to remedy the situation. As it is impossible for service providers to consistently meet and exceed customer needs, service providers need to determine what remedies customers anticipate when their expectations are not met and service failures occur. If service providers are unable to recover from service failures, service providers could experience detrimental results to their profitability and performance, which could furthermore lead to customers switching service providers and engaging in negative word-of-mouth. According to Bejou and Palmer, it is important for a service business to determine their customer types and how long customers have been dealing with them (consumption stage), as this will influence how customers will react when faced with poor service and service failures and how easily they will switch to a substitutable product and new service provider.This note will examine the right to fair value, good quality, and safety in respect of services provided by mobile “service providers” in South Africa with particular reference to the CPA as well as the WASPA Code of Conduct for the mobile service provider industry.

Many water distribution systems in South Africa are deteriorating due to many years of neglect resulting in a serious maintenance backlog. Recent government legislation has introduced free basic water to all South Africans up to a limit of 6 Kl/month per property which in turn causes certain confusion regarding payment among many residents. These key issues and others have led to serious problems with service delivery specifically in the low income areas where the maintenance has been neglected for more than 30 years in some cases. The potential for support from the Private Sector has beenhighlighted at the highest levels within government as a possible solution to addressing the existing backlogs despite the fact that there are relatively few successful projects to support this view.This paper presents the results after 30 months of operation of a small scale public private partnership in one of the largest low income areas in South Africa where the Sebokeng/Evaton Pressure Management Project was commissioned in July 2005. The savings both in terms of volume of water saved as well as financial savings to the municipality are impressive and exceed all initial expectations. The most interestinga1spect of the project, however, is not the savings achieved from the installation, but the numerous other additional benefits that have materialised which were not originally anticipated when the project was commissioned. Such benefits, include the identification of many network problems that had been undetected for more than 9 years as well the sudden interest in helping the residents by several government and semi-government organisations. These organisations were unable or unwilling to provide any support to the area prior to the successful Public Private Partnership. The project represents a significant advancement in Public-Private Partnerships (PPP’s)and clearly demonstrates that small scale Public Private Partnerships can be viable despite the general view that this type of project is confined to large scale initiatives due to the effort and expense in developing the PPP type of contract. The paper provides details of the processes involved in setting up and implementing such a project and highlights that the model used by the Project Team to address leakage in Sebokeng and Evaton can be adapted for use in other areas and other applications to improve service delivery throughout South Africa as well as elsewhere in the world where conditionspermit. The paper presents the results from the project after the first 30 months of operation and summarises some of the many additional benefits that have arisen from the project.

The Indonesia’s 10 MW experimental power reactor (RDE) is developed based on high temperature gas-cooled reactor (HTGR) and the program of the RDE was firstly introduced to the Agency for National Development Planning (BAPPENAS) at the beginning of 2014. The RDE program is expected to have positive impacts on community prosperity, self-reliance and sovereignty of Indonesia. The availability of RDE will be able to accelerate advanced nuclear power technology development and hence elevate Indonesia to be the nuclear champion in the ASEAN region. The RDE is expected to be operable in 2022/2023. In terms of fuel supply for the reactor, the first batch of RDE fuel will be inclusive in the RDE engineering, procurement and construction (RDE-EPC) contract for the assurance of the RDE reactor operation from 2023 to 2027. Consideration of RDE fuel plant construction is important as RDE can be the basis for the development of reactors of similar type with small-medium power (25 MWe–200/300 MWe), which are preferable for eastern part of Indonesia. To study the feasibility of the construction of RDE fuel plant, current state of the art of the R&D on HTGR fuel in some advanced countries such as European countries, the United States, South Africa and Japan will be discussed and overviewed to draw a conclusion about the prospective countries for supporting the fuel for long-term RDE operation. The strategy and roadmap for the preparation of the RDE fuel plant construction with the involvement of national stakeholders have been developed. The best possible vendor country to support HTGR fuel for long-term operation is finally accomplished. In the end, this paper can be assigned as a reference for the planning and construction of HTGR RDE fuel fabrication plant in Indonesia.Keywords: RDE, Indonesia, HTGR, fuel, strategy.

ABSTRACT BACKGROUND: The coronavirus disease of 2019 (COVID-19) pandemic is taxing South Africa's already over-burdened healthcare system. Orthopaedics is not exempt; patients present with COVID-19 and musculoskeletal pathology and so surgeons should be familiar with the current evidence to best manage patients and themselves. The aims of this scoping review were firstly to inform peri-operative decision-making for COVID-positive patients as well as the routine orthopaedic milieu during the pandemic; secondly to assess the outcomes of orthopaedic patients managed in endemic areas; and Anally to determine the effect the pandemic has had on our orthopaedic peers METHODS: A scoping review was conducted following the PRISMA-ScR guidelines of 2018. The search terms 'Orthopaedics' or 'Orthopedics' and 'COVID-19' or 'Coronavirus' were used to perform the search on Scopus, PubMed and Cochrane databases. All peer-reviewed articles utilising evidence-based methodology and addressing one of the objectives were eligible. A thematic approach was used for qualitative data synthesis RESULTS: Seventeen articles were identified for inclusion. All articles represented level 4 and 5 evidence and comprised ten review-type articles, one consensus statement, two web-based surveys and four observational studies. Most articles (n=11) addressed the objective of peri-operative considerations covering the stratification and testing of patients, theatre precautions and personal protective equipment (PPE). Evidence suggests that patients should be stratified for surgery according to the urgency of their procedure, their risk of asymptomatic disease (related to the community prevalence of COVID-19) and their comorbidities. The consensus is that all patients should be screened (asked a set of standardised questions with regard their symptoms and contacts). Only symptomatic patients and those asymptomatic patients from high prevalence areas or those with high-risk contacts should be tested. Healthcare workers (HCWs) in theatre should maintain safety precautions considering every individual is a potential contact. In the operating room in addition to the standard orthopaedic surgery PPE, if a patient is COVID positive, surgeons should don an N95 respirator. The three articles that addressed the effects on the orthopaedic surgeon showed a significant redeployment rate, effects on monetary renumeration of specialists and also effects on surgeons in training causing negative emotional ramifications. Of the surgeons who have contracted the illness and have been investigated, all showed mild symptomatology and recovered fully. The final three articles concentrated on orthopaedic patient considerations; they all showed high mortality rates in the vulnerable patient populations investigated, but had significant limitations CONCLUSION: Orthopaedics is significantly affected by the COVID pandemic but there remains a dearth of high-quality evidence to guide the specialty Level of evidence: Level 3 Keywords: COVID-19, SARS-CoV-2, coronavirus, orthopaedic, surgery

Area Studies and Study Abroad in the 21st Century The future now belongs to societies that organize themselves for learning. - Ray Marshall and Marc Tucker, Thinking for a Living, xiii Few today would argue with the conviction that nearly every phase of our daily lives is shaped and informed by global societies, corporations, events and ideas. More than ever before, it is possible to claim that we are increasingly aware of the dynamic power and penetrating effects of global flows on information, technology, the sciences, the arts, the humanities, and languages. Borderless, spaceless and timeless, such sources of knowledge, it appears, are effortlessly digested and disseminated without clocks, calendars, or physical limitations. It is, of course, a mistake to believe that packages of “instant” knowledge that appear to wing their way at megahertz speeds in and through our earthly lives account for all or nearly all that there is to know—or, more importantly, to learn—about our communities, regions and the globe itself. On the contrary: the “knowing” about how to live, to work, to prosper, or to understand ourselves and those around us is not what educators mean when they speak of intellectual achievement and practical understanding. It is the “learning” about us, our societies and our global knowledge that lies at the heart of the international educator’s life work, and it is the learning that is the most controversial aspect of education. The act of “learning,” in fact, is less objective and more subjective, is less passive and more active, and is less superficial and more profound in each of our lives. By definition, a responsible learner is one who takes on the intellectual challenge and the social and personal obligation to leave this globe a better place for those who follow, who assumes the life work of influencing the lives of others, and who is committed to making the best of every opportunity both within the reach and beyond the vision of the mind’s eye. Study abroad has traditionally been viewed as a time of seeing and viewing, however passively, the differences and similarities of other peoples, societies and cultures. The period of knowing about what others do or say can occur at any time during one’s life; however, the “knowing” of studying abroad is accomplished in the college years prior to the accumulated knowledge about practical learning and living. In this respect, study abroad has been seen as an experience which may or may not invest the students in greater or lesser insights about the peoples, societies or cultures around them. Further, when study abroad is bound up with travel or movement from place to place, it can become a passive act, so much so that travel rather than learning becomes the goal of the study abroad experience. Simply put, the more that one travels, the more, it is argued, one learns. Furthermore, while seen as desirable for “classroom learning,” some would say that no amount of academic preparation appears to be useful in the enterprise of the travel experience, since so many experiences are unpredictable, individualized and, in some cases, arbitrary. From the perspective of study abroad, it might be said that the gods of area studies no longer completely fulfill our students’ needs, while the gods of global studies have not yet fulfilled their promises. Janus-like, international educators look in one direction at a still highly intense and valued picture of local cultures and identities, and in another direction toward an increasingly common culture, economy and society. The former appears to celebrate the differences and “uncommonness” of the human experience while the latter smoothes over the differences to underscore the commonalities and sameness of our contemporary world. The choice appears to be between the particular and the universal, the local and the global. Academic preparations, such as area studies programs, appear to be unnecessary for the individualized forms of learning, such as study abroad. Indeed, since an area studies preparation may raise or strengthen stereotypical perceptions of the overseas peoples, societies and cultures, it has been argued that it best be left aside. In this context, students are viewed as a tabula rasa on which new discoveries from living and studying overseas leave an imprint or impression. It seems that sending as many students as possible in as many directions as possible has become the dominant study abroad objective. Thus, “whole world” presentations and documentation often rely on the “other” as the learning objective with little or no attempt to discriminate or distinguish the levels of learning that such “whole world” immersion entails. In recent times, additional concerns about liability, health, safety and comfort levels have been added to the “pre-departure” orientations and training programs. The “student as self-learner” continues to be viewed and treated as a “customer knowledge-consumer” within both U.S. private and public colleges and universities. In the age of “globalization,” it is the conviction of the editors of Frontiers that knowledge consumption is only a small aspect of the 21st century international educators’ arsenal. More importantly, it will be argued in this special issue on area studies and Study Abroad that the intellectual development of the U.S. undergraduate needs to be enhanced with skills of self-learning and transdisciplinary perspectives on local and regional cultures and languages. The authors contributing to this special thematic issue of Frontiers have been asked to bring their state-of-the-art thinking on area studies to bear on the key question confronting study abroad: How does specialized understanding of geographical and cultural areas of the world enhance and strengthen undergraduate learning on and beyond our campuses? In other words, in what ways do area studies inform overseas learning through the activity of study abroad? The variety of responses demonstrates two principal ways in which area studies has begun to reformulate its goals and strategies. First, area studies reaffirms a commitment to local and regional comprehensive research and teaching, and redefines its mission in terms of the need to come to grips with local knowledge and specific social and cultural practices within a globalized world. Second, area studies specialists question long-held definitions of concepts, including those of “geographical area” and “globalization,” in order to maximize contributions to U.S. undergraduate learning. David Ludden begins our issue with a review of the Social Science Research Council and the Ford Foundation’s understanding of the transition in area studies from the Sputnik era to the globalization era. Ludden notes the faculty dilemma in working in an “area.” He points out the political interests of the Cold War for public funding of such specialized academic skills, skills which, whether funded by the government or not, were and continue to be defined by the scholar first and then by finances. Drawing on his own experience at the South Asia Institute at the University of Pennsylvania, Ludden takes the reader through the intellectual rationale for area studies, and how that rationale is being redefined in favor of stronger area studies in the present globalization era. Gregory Kulacki’s study of China and the Chinese experience points accurately to one approach to defining area studies; that is, in terms of the peoples and cultures studied. In a sense, Kulacki makes it clear that Chinese studies is “legitimate” and has authority as long as it reflects the Chinese themselves, their experiences and lives. Ann Curthoys, on the other hand, notes the growing importance of defining Australians and Australian studies not only in terms of the changing experiences of contemporary Australia, but also in terms of the demands of non-Australians, who ask for more precision in defining Australians, their history, society and cultures. Richard Beach and George Sherman take on a more difficult matter, at least from the viewpoint of U.S. faculty and students. Canada is rarely seen as a study abroad site for U.S. students, not only because of its geographical position but also for its cultural and historical proximity. The overall U.S. view, albeit unflattering, is that Canada and Canadians are very much like the U.S. and Americans, so why study in Canada? Beach and Sherman argue that history, languages, and borders do make a difference, both physically as well as culturally. Using the argument of the previous area studies specialists, they are interested in the ways that Canadians have shaped and informed their cultural and social identities in the teeth of U.S. economic and political domination in the region. The implications of globalization are, perhaps, more immediately evident in the Canadian case than in any other world region. U.S. students would do well to observe the processes of adaptation and acculturation first-hand by studying and living in Canada. James Petras gives us a broader vista of regional adaptation to the economic and political forces of globalization with his essay on Latin America. Indeed, Latin America has a dynamic similar to that of Canada due to its physical, cultural and historical proximity to the U.S. It would be a mistake to see Latin America only in terms of the north-south regional dynamics, since Europe, Asia and Africa have also shaped both past and present structures and institutions within that region in ways far more dramatic than has the United States. Study abroad, Petras reminds us, is an excellent way of learning directly about Latin American societies, cultures and politics from Latin Americans themselves, a learning that may be widely different from the official U.S. diplomatic and corporate perspectives. Finally, the very familiar world regions, such as England, offer in some cases more challenges to the U.S. undergraduate than might be expected. Jane Edwards looks at Britain and all that U.S. students may or may not know about that culture and society. The study of Britain lends itself, Edwards argues, to more than the usual challenges, due to the preconceived notions that U.S. students bring with them to, say, London. Understanding the “European-ness” of Britain and its historic relationship with continental Western Europe will justify the need to see Britain as less familiar and more complex, thus necessitating the need to study, visit and live in parts of Britain and Western Europe. In this case, the area does define the country, its identity and culture in a historical interplay of social, cultural and economic forces. David Lloyd, Philip Khoury and Russell Bova invite the reader to return to large regional perspectives through African, Middle Eastern and Russian area studies. David Lloyd presents an analysis of the broad and immediate contexts of African studies. While recognizing the difficulty of establishing consistently causal links between African studies and study abroad in Africa, he delineates the significance of local, experience-based study for the development of collaborative African studies research. Lloyd argues that the benefits of study abroad in Africa to African studies belie the relatively small number of students involved. Further, assessment for funding and other purposes needs to utilize criteria that take into account the challenges of on-site study in Africa and the depth of post-study abroad participation not just in African studies per se, but in other related areas as well. Considering the recent past of Middle East studies, Philip Khoury charts its response to post-Cold War criticism. He illustrates new directions the field is taking towards including different geographic areas, and new emphasis in organizational priorities, noting the importance of funding for providing first-hand contact for students in Middle Eastern studies with scholars from the Middle East. Khoury assesses the impact of recent historical and political events in the area on Middle Eastern studies, and looks toward more inclusive research efforts. Russell Bova examines another region that has undergone considerable political, social and economic change in the 20th century. Having moved from empire to soviet socialist states and now to a confederation of nation states, Russia and, naturally, Russian area studies, offer an excellent example of local and regional complexities both in the nomenclature of the region and in the changes in Russian studies programs. Bova illustrates the need to understand the specific dynamics of local communities in their relationship to larger administrative units such as provinces, states and national capitals. In referring to the “double transition” of contemporary Russia, Bova reminds us that globalization is both a grass roots and elite process with many unlikely “bedfellows” that is also changing more rapidly each decade than had been the case fifty years ago. Finally, Richard Falk and Nancy Kanach collaborate to discuss the ways in which globalization and study abroad are emerging in the post-Cold War period. The sudden shifts of economic and political power make our world more fragile and more difficult to comprehend without considering the “computer gap” that is rapidly leaving whole communities and even nations in a more uneven relationship with the power brokers than ever before. The need to reflect with care and precision through area studies is complemented by the additional pressing need to study, see and learn outside of the U.S. Globalization means promoting study abroad and reaffirming the strengths of local and regional studies. Taken together, these essays invite international educators to reconsider notions of learning before, during and after study abroad. The writers view study abroad as an opportunity for social and intellectual engagement with other peoples and with oneself. The essays point to a variety of ways of intellectually preparing our students for their initial encounters with sets of real-life global experiences. Reflecting on such engagement and encounters allows students to begin to formulate, with increasing sophistication, specific and general concepts about individual differences, local and regional commonalities, and the global transformations of our present era. In light of the current area studies debates, we might also reconsider approaches to pre-departure preparations, create onsite projects, and reorganize the overseas curricula of study abroad programs themselves. In particular, students can continue to benefit from area and global studies programs back on the home campus upon their return, where they can enter effectively into scholarly debates and continue the learning and personal growth that began while they were abroad. Frontiers welcomes comments and suggestions for future special issues. We see ourselves and our field of international education in greater need of close cooperation with our faculty colleagues both in terms of defining the work of international learning, and in terms of formulating and designing international or global programs. We thus invite our readers to see Frontiers as a forum for such academic exchanges, and promise that Frontiers will respond to articles, essays, book reviews and reviews of resources for study abroad with collegial interest and enthusiasm. We wish to thank especially Brian Whalen, Rhoda Borcherding and our other colleagues on the Editorial Board for their support, encouragement and assistance in completing this special issue. We are particularly pleased with the authors and their willingness to listen to our requests and comments. Thomas Ricks, Villanova University Katharine Krebs, SUNY Binghamton Michael Monahan, Macalester College Suggestions for Further Reading Altbach, Philip G. and Patti McGill Peterson, eds. Higher Education in the 21st Century: Global Challenge and National Response. IIE Research Report Number 29. Annapolis, MD: IIE Books, 1999. This slim volume focuses on principal topics for colleges and universities to consider both locally and globally. Philip Altbach and Todd Davis set the tone of the volume with their “notes for an international dialogue on higher education.” Stressing the need for practical education, the authors also raise issues about the role of technology, the increase in “internationally mobile students,” the global role of graduate education, privatization of higher education, committed faculty and the threats of “managerialized” universities. The eight responses to the opening themes address specific issues for China, India, Africa and South Africa, Latin America, Japan and Europe. The work is a very good discussion text for international educators and their area studies faculty colleagues, and also provides a theoretical basis for the design and development of overseas programs. Stephen R. Graubard, ed. “Education Yesterday, Education Tomorrow.” Daedalus. Vol. 127, No. 4 (Fall, 1998). The eleven authors of this issue of the Journal of the American Academy of Arts and Sciences build off the Fall 1995 issue of Daedalus and its topic of “American Education: Still Separate, Still Unequal.” While neither accepting nor rejecting the thrust of A Nation at Risk, the authors look both at what has occurred over the past three decades, and at what is on the horizon for the next decade. In stressing reforms of systems and innovative ways of learning, the authors’ discussions invite the international educator to address a variety of ways in which students learn and to challenge the system in which they thrive. WWW. NAFSA.ORG/SECUSSA.WHYSTUDY In 1989, NAFSA and COUNCIL created the Whole World Committee (WWC). Initially chaired by John Sommers and now chaired by Mick Vandenberg, the WWC set out to find ways by which U.S. students could and would choose non-European overseas sites for a semester of study and learning. One of the tasks that the WWC accomplished was the creation of four area study essays on Africa, Asia, South America and the Middle East. Each essay, entitled “Why Study in …,” addresses basic fears and stereotyping of the non-European world regions. The essays then focus on benefits, health and safety, “getting started,” housing, and practical learning in each of these regions. In newly-attached longer versions, the essays also have a bibliography and more informative texts. The shorter versions were published serially in Transitions Abroad. NAFSA has added two additional important essays to this website, on “Class and Study Abroad” and “An African-American in South Africa.” Overall, the readers of Frontiers will be well-advised to access the articles at the website and consider using all the essays in their pre-departure orientation training, faculty area studies discussion groups, and in welcome-back sessions for returning students. Richard Falk. Predatory Globalization: A Critique. Cambridge, UK: Polity Press, 1999. The thesis of Richard Falk’s critique is that “predatory globalization’ has eroded, if not altogether broken, the former social contract that was forged between state and society during the last century or so” (p. 3). The breaking of that contract resulted from the state’s “deference to the discipline of global capital” and the neglect of the common good. Falk argues that only the “massing of strong transnational social pressures on the states of the world could alter the political equation to the point where the state could sufficiently recover its autonomy in relation to the world economy.” He demonstrates the emergence of a new kind of transnational politics referred to as “globalization-from-below.” In restoring “global civil society,” this new politics will need to move forward with the project of cosmopolitan democracy, including the protection of human rights. For the international educator, creating overseas programs that allow for a better understanding of the interconnectedness of regional and global levels is an admirable goal. More important, however, are those programs that offer U.S. undergraduates insights into “world order priorities” such as global poverty, protection of the planet, the sources of transnational violence, and “responsible sovereignty” in ways rarely found in traditional classroom learning on our campuses. Mark Tessler, Jodi Nachtwey and Anne Banda. Eds. Area Studies and Social Science: Strategies for Understanding Middle East Politics. Bloomington and Indianapolis, IN: Indiana University Press, 1999. This edited work addresses a wide range of issues involved in the “rational choice” versus area studies debate that is so well elucidated by David Ludden in the opening article of our special issue. Looking at the “area studies controversy” from the perspective of political scientists, the editors’ Introduction underscores questions that we international educators need to address ourselves. It is valuable to wonder about the “uses and abuses” of area studies in planning our overseas programs, or discussing the “internationalization” of our curricula. It is also critical to understand the Eurocentric and overly-simplistic approaches of the social science “rational choice” models. While agreeing that both area studies and the social science theories and methodologies are necessary for a global understanding, the present work places such questions within the context of the Middle East as a stimulus and a model for increasing the value of research about any country or region.

Scores of farm workers on hunger strike in the US. A campaigner for affordable housing abducted in Cape Town. Tens of thousands of anti-war demonstrators marching in Istanbul. None of those stories made my daily paper — instead, I read them all this morning on the global Indymedia network. Developments in communication technologies have often enabled new approaches to the production, distribution and reception of news. In this article, using Carey’s analysis of the impacts of the telegraph (1989) and Burnett and Marshall’s discussion of “informational news” (2003) as starting points, I want to offer some examples from the brief history of the Indymedia movement to show how the Net is making possible a significant shift in who gets to make the news. The telegraph offers a number of useful perspectives from which to consider the impacts of the Net, and there are some striking parallels between the dot.com boom of the 1990s and the dot.dash boom of the 19th century. Telegraphy, writes James Carey, “permitted for the first time the effective separation of communication from transportation” (203). The telegraph was not only an instrument of business, but “a thing to think with, an agency for the alteration of ideas” (204). And a consideration of the telegraph offers a number of examples of the relationships between technological form and the nature of news. One such example, in Carey’s analysis, was the impact of the telegraph on the language and nature of journalism. “If the same story were to be understood in the same way from Maine to California,” he writes, “language had to be flattened out and standardised” (210). Local colour was bleached out of news reports to make them saleable in a market unconstrained by geography. “The origins of objectivity,” Carey argues, “may be sought, therefore, in the necessity of stretching language in space over the long lines of Western Union” (210). The telegraph didn’t just affect the quality of news — it greatly increased the quantity of it as well, forcing greater attention to be paid to the management of newsrooms. News became a commodity; not only that, just like cattle or wheat, news was now subject to all the vagaries of any other commodity business, from contracts and price gouging to outright theft (211). And in Western Union, the telegraph made possible the prototype of today’s transnational media firms (201). As the telegraph solved problems of communicating across space, it opened up time as a new arena for expansion. In this sense, the gradual emergence of 24-hour broadcasting schedules is traceable to the impact of the telegraph (Carey 228). A key legacy of this impact is the rise to primacy of CNN and its imitators, offering round-the-clock news coverage made possible by satellite transmission. This too changed the nature of news. As McKenzie Wark has pointed out, a 24-hour continuous news service is not ideally compatible with the established narrative strategies of news. Rather than cutting and shaping events to fit familiar narrative forms, CNN instead introduced an emphasis on what Wark calls “the queer concept of ‘live’ news coverage — an instant audiovisual presence on the site of an event” (38). This focus on speed and immediacy, on being the first on the scene, leads to news that is all event and no process. More than this, it leads at times to revealing moments when CNN-style coverage becomes obvious as a component part of the event it purports to cover. In his analysis of the Tiananmen Square crisis of 1989 Wark argues that the media event appeared as “a positive feedback loop” (22). The Beijing students’ perceptions of Western accounts of their demands and motives became caught up in the students’ own accounts of their own motives, their own demands: Western interpretations of what was happening in Beijing, Wark writes, “fed back into the event itself via a global loop encompassing radio, telephone, and fax vectors. They impacted back on the further unfolding of the event itself” (22). Both the telegraph and the satellite contributed to major shifts in the production, distribution and reception of news. And both made possible new types of media institution, from Western Union and Reuters to CNN. This is not to argue that technologies determine the nature of news or of news organisations, but rather that certain developments are made possible by both the adoption and the adaptation of new technologies. Institutional and cultural factors, of course, affect the nature of news, but technology also both enables and constrains. The medium might not be the message — but it does matter. So with such precedents as those above in mind, what might be the key impacts of the Net on the nature of news? In an important analysis of the online news environment, Robert Burnett and P. David Marshall introduce the concept of “informational news,” defined as “the transformation of journalism and news in Web culture where there is a greater involvement of the user and news hierarchies are in flux” (206). News, they argue, has become “a subset of a wider search for information by Web users” (206) and this “has led to a shift in how we recontextualise news around a much larger search for information” (152). In this analysis, audience members are transformed into researchers. These researchers become comfortable with getting their news from a broader range of sources, while at the same time searching for new ways to hierarchise those sources, to establish some as more legitimate than others. Adding to the complexity are Burnett and Marshall’s observations that new media forms offer enhanced flexibility (with, for example, archival access to news databases, including audio and video, available 24 hours a day), and that online news fosters and caters for new global communities of interest 161-7). When these phenomena are taken together, the result for Burnett and Marshall is “a shifted boundary of what constitutes news” (167). But this concept of informational news is largely cast in terms of reception and consumption: the practices of the new informational news researchers are discussed in terms of information retrieval, not production — even newsgroups and Weblogs are considered as additional sources for information retrieval, rather than as new avenues for new kinds of journalists to develop and publish new kinds of news. Burnett and Marshall are, I believe, right in their identification of changes to the nature of news, and their analysis is an important contribution. But what I want to emphasise in this article is that there is also a corresponding ongoing shift in the boundary of what constitutes newsmakers. The Indymedia movement offers clear examples of this, in its spectacular growth and in its promotion of open publishing models. As a forum for non-professional journalists of all stripes, Indymedia’s development is a vivid example of the shifting boundary around who gets to make the news. By now, many readers of M/C will perhaps be familiar with Indymedia to some degree. But it’s worth briefly reviewing both the scope of the movement and the speed with which it’s developed. The first Indymedia Website was established for the Seattle demonstrations against the World Trade Organisation meeting in November 1999. Its key feature was offering news coverage supplied by anyone who wanted to contribute, using free software and ideas from the Australian activists who had created the Active network. As events in Seattle gathered pace, the nascent Indymedia drew a claimed 1.5 million hits; this success led to the site being refocussed around several subsequent protests, before local collectives began to appear and form their own Indymedia centres. Within a year, this original Indymedia site was just one of a new network of more than 30. At the time of writing, a little over three years on from the movement’s inception, there are more than 100 Indymedia centres around the world — there are both Israeli and Palestinian Indymedia; Indymedia is established in Mumbai, Jakarta and Buenos Aires; there are centres in Poland, Colombia and South Africa. By any measure, this is a remarkable achievement for a decentralised project run entirely by volunteers and donations. Like any other complex phenomenon, the story of this development can be told in many different ways, each adding a different dimension. Three are especially relevant here. The first version would centre around the Active software developed by Sydney’s Catalyst tech collective. This was devised to create the Active Sydney site, an online hub for Sydney activists to promote events from direct actions to screenings and seminars. Launched in January 1999, Active Sydney was to become a prototype for Indymedia — part events calendar, part meeting place, part street paper. For June of that year, the Active team revised the system for the J18 global day of action. Using this system, anyone could now upload a report, a video clip, a photo or an audio file, and see it instantly added to the emerging narrative of events. It was as easy as sending email. And it ran on open source code. With Catalyst members collaborating online with organisers in Seattle to establish the first site, this system became the basis for Indymedia. While the Active software is no longer the only platform used for Indymedia sites, it made a huge contribution to the movement’s explosive growth (see Arnison, 2001; Meikle, 2002). Another version of the story would place Indymedia within the long traditions of alternative media. John Downing’s work is important here, and his definition of “politically dissident media that offer radical alternatives to mainstream debate” is useful (240). To tell the Indymedia story from this perspective would be to highlight its independence and self-management, and the autonomy of each local editorial collective in running each Indymedia centre. It would be to emphasise Indymedia as a forum for viewpoints which are not usually expressed within the established media’s consensus about what is and isn’t news. And, perhaps most importantly, to tell the Indymedia story as one in the alternative media tradition would be to focus on the extent to which this movement fosters horizontal connections and open participation, in contrast to the vertical flows of the established broadcast and print media (Downing, 1995). A third version would approach Indymedia as part of what cultural studies academic George McKay terms “DiY Culture.” McKay defines this as “a youth-centred and -directed cluster of interests and practices around green radicalism, direct action politics, new musical sounds and experiences”(2). For this version of the story, a useful analogy would be with punk — not with the music so much as with its DIY access principle (“here’s three chords, now form a band”). DIY was the key to Richard Hell’s much-misunderstood lyric “I belong to the blank generation” — the idea of the blank was that you were supposed to fill it in for yourself, rather than sign up to someone else’s agenda. To consider Indymedia as part of this DIY spirit would be to see it as the expression of a blank generation in this fine original sense — not a vacant generation, but one prepared to offer their own self-definitions and to create their own media networks to do it. More than this, it would also be to place Indymedia within the frameworks of independent production and distribution which were the real impact of punk — independent record labels changed music more than any of their records, while photocopied zines opened up new possibilities for self-expression. Just as the real importance of punk wasn't in the individual songs, the importance of Indymedia isn't in this or that news story posted to this or that site. Instead, it's in its DIY ethos and its commitment to establishing new networks. What these three versions of the Indymedia story share is that each highlights an emphasis on access and participation; each stresses new avenues and methods for new people to create news; each shifts the boundary of who gets to speak. And where these different stories intersect is in the concept of open publishing. This is the Net making possible a shift in the production of news, as well as in its reception. Matthew Arnison of Catalyst, who played a key role in developing the Active software, offers a working definition of open publishing which is worth quoting in full: “Open publishing means that the process of creating news is transparent to the readers. They can contribute a story and see it instantly appear in the pool of stories publicly available. Those stories are filtered as little as possible to help the readers find the stories they want. Readers can see editorial decisions being made by others. They can see how to get involved and help make editorial decisions. If they can think of a better way for the software to help shape editorial decisions, they can copy the software because it is free and change it and start their own site. If they want to redistribute the news, they can, preferably on an open publishing site.” (Arnison, 2001) Open publishing has undoubtedly been a big part of the appeal of Indymedia for its many contributors. In fact, one of Indymedia’s slogans is “everyone is a journalist.” If this is a provocation, who and what is it meant to provoke? Obviously, “everyone” is not a journalist — at least not if journalists are seen as employees of news institutions and news businesses, employees with some kind of training in research methods and narrative construction. But to say that “everyone is a journalist” is not to claim that everyone has such institutional affiliation, or that everyone has such training or expertise. Instead, the tactic here seems to be to inflate something out of all proportion in order to draw attention to the core smaller truth that may otherwise go unnoticed. Specifically in this case, what authorises some to be story-tellers and not others? From this perspective, the slogan reads like a claim for difference, a claim that other kinds of expertise and other kinds of know-how also have valid claims on our attention, and that these too can make valid contributions to the more plural media environment made possible — but not guaranteed — by the Net. It’s a claim that the licence to tell stories should be shared around. But developments to this core element — open publishing — point both to an ongoing challenge for the Indymedia movement, and to a possible future which might enable a further significant shift in the nature of Net news. In March 2002, a proposal was circulated to remove the open publishing newswire from the front page of the main site at http://www.indymedia.org/, replacing this with features sourced from local sites around the world. While this was said to have the objective of promoting those local sites to a broader audience, it should also be seen as acknowledgement that Indymedia was struggling against limits to growth. One issue was the large number of items being posted to sites, which meant that even especially well-researched or significant stories would be replaced quickly on the front page; another issue was the persistent trolls and spam which plagued some Indymedia sites. In April 2002, after a voting process in which 15 Indymedia collectives from Brazil to Barcelona voted unanimously in favour of the reform, the open publishing newswire was taken off the front page. Many local Indymedia sites followed suit. Even the Sydney site, which, perhaps because of the history and involvement of the Catalyst group, promotes open publishing rather more than some other Indymedia sites, adopted a features-based front page in August 2002, stating that “promoting certain issues above others” would make the site “more effective.” These developments might signal the eventual demise of the open publishing component. Indymedia might instead become ‘professionalised,’ with greater reliance on de facto staff reporters and more stringent editing, moving closer to existing alternative media outlets. But the new centrality of its news features might also open Indymedia up to a new level of involvement, because those features are given prominence in the site’s central column and can remain on the front page for some weeks. This offers the potential for what Arnison terms “automated open-editing”. This would involve creating the facility for audience members to contribute to sub-editing stories on an Indymedia site: they might, for instance, check facts or add sources; edit spelling, grammar or formatting; nominate a topic area within which a given story could be archived; or translate the story from one language or style to another (Arnison, 2001). Open publishing is one phenomenon in which we can see the Net enabling changes to the nature of news and newsmakers. If open editing were also to work, then it would need to be as simple to operate as the original open publishing newswire. But if this were possible, then open editing might involve not only more new people in the development of informational news, but involve them in new ways, catering for a broader range of abilities and aptitudes than open publishing alone. Like earlier communication technologies, the Net could facilitate new types of media institution — ones built on an open model, which enable a new, more plural, news environment. Works Cited Arnison, Matthew. “Open Publishing Is the Same as Free Software.” 2001. 21 Feb. 2003 <http://www.cat.org.au/maffew/cat/openpub.php>. Arnison, Matthew. “Open Editing: A Crucial Part of Open Publishing.” 2002. 21 Feb. 2003 <http://www.cat.org.au/maffew/cat/openedit.php>. Burnett, Robert, and P. David Marshall. Web Theory: An Introduction. London & New York: Routledge, 2003. Carey, James. Communication as Culture. New York & London: Routledge, 1989. Downing, John. “Alternative Media and the Boston Tea Party.” Questioning The Media. Eds. John Downing, Ali Mohammadi and Annabelle Sreberny-Mohammadi. Thousand Oaks: Sage, 1995. 238-52. McKay, George. “DiY Culture: Notes towards an Intro.” DiY Culture: Party & Protest in Nineties Britain. Ed. George McKay. London: Verso, 1998. 1-53. Meikle, Graham. Future Active: Media Activism and the Internet. New York & London: Routledge, and Annandale: Pluto Press, 2002. Wark, McKenzie. Virtual Geography: Living with Global Media Events. Bloomington: Indiana UP, 1994. Links http://www.cat.org.au/maffew/cat/openedit.html http://www.cat.org.au/maffew/cat/openpub.html http://www.indymedia.org/ http://www.sydney.active.org.au/ Citation reference for this article Substitute your date of access for Dn Month Year etc... MLA Style Meikle, Graham. "Indymedia and The New Net News" M/C: A Journal of Media and Culture< http://www.media-culture.org.au/0304/02-feature.php>. APA Style Meikle, G. (2003, Apr 23). Indymedia and The New Net News. M/C: A Journal of Media and Culture, 6,< http://www.media-culture.org.au/0304/02-feature.php>

“Human beings are not born once and for all on the day their mothers give birth to them [...] life obliges them over and over again to give birth to themselves.” (Garcia Marquez 165) Introduction The refugee experience is, at heart, one of rebirth. Just as becoming a new, distinctive being—biological birth—necessarily involves the physical separation of mother and infant, so becoming a refugee entails separation from a "mother country." This mother country may or may not be a recognised nation state; the point is that the refugee transitions from physical connectedness to separation, from insider to outsider, from endemic to alien. Like babies, refugees may have little control over the timing and conditions of their expulsion. Successful resettlement requires not one rebirth but multiple rebirths—resettlement is a lifelong process (Layton)—which in turn require hope, imagination, and energy. In rebirthing themselves over and over again, people who have fled or been forced from their homelands become both mother and child. They do not go through this rebirthing alone. A range of agencies and individuals may be there to assist, including immigration officials, settlement services, schools and teachers, employment agencies and employers, English as a Second Language (ESL) resources and instructors, health-care providers, counsellors, diasporic networks, neighbours, church groups, and other community organisations. The nature, intensity, and duration of these “midwives’” interventions—and when they occur and in what combinations—vary hugely from place to place and from person to person, but there is clear evidence that post-migration experiences have a significant impact on settlement outcomes (Fozdar and Hartley). This paper draws on qualitative research I did in 2012 in a regional town in New South Wales to illuminate some of the ways in which settlement aides ease, or impede, refugees’ rebirth as fully recognised and participating Australians. I begin by considering what it means to be resilient before tracing some of the dimensions of the resettlement process. In doing so, I draw on data from interviews and focus groups with former refugees, service providers, and other residents of the town I shall call Easthaven. First, though, a word about Easthaven. As is the case in many rural and regional parts of Australia, Easthaven’s population is strongly dominated by Anglo Celtic and Saxon ancestries: 2011 Census data show that more than 80 per cent of residents were born in Australia (compared with a national figure of 69.8 per cent) and about 90 per cent speak only English at home (76.8 per cent). Almost twice as many people identify as Aboriginal or Torres Strait Islander as the national figure of 2.5 per cent (Australian Bureau of Statistics). For several years Easthaven has been an official “Refugee Welcome Zone”, welcoming hundreds of refugees from diverse countries in Africa and the Middle East as well as from Myanmar. This reflects the Department of Immigration and Citizenship’s drive to settle a fifth of Australia’s 13,750 humanitarian entrants a year directly in regional areas. In Easthaven’s schools—which is where I focused my research—almost all of the ESL students are from refugee backgrounds. Defining Resilience Much of the research on human resilience is grounded in psychology, with a capacity to “bounce back” from adverse experiences cited in many definitions of resilience (e.g. American Psychological Association). Bouncing back implies a relatively quick process, and a return to a state or form similar to that which existed before the encounter with adversity. Yet resilience often requires sustained effort and significant changes in identity. As Jerome Rugaruza, a former UNHCR refugee, says of his journey from the Democratic Republic of Congo to Australia: All the steps begin in the burning village: you run with nothing to eat, no clothes. You just go. Then you get to the refugee camp […] You have a little bread and you thank god you are safe. Then after a few years in the camp, you think about a future for your children. You arrive in Australia and then you learn a new language, you learn to drive. There are so many steps and not everyone can do it. (Milsom) Not everyone can do it, but a large majority do. Research by Graeme Hugo, for example, shows that although humanitarian settlers in Australia face substantial barriers to employment and initially have much higher unemployment rates than other immigrants, for most nationality groups this difference has disappeared by the second generation: “This is consistent with the sacrifice (or investment) of the first generation and the efforts extended to attain higher levels of education and English proficiency, thereby reducing the barriers over time.” (Hugo 35). Ingrid Poulson writes that “resilience is not just about bouncing. Bouncing […] is only a reaction. Resilience is about rising—you rise above it, you rise to the occasion, you rise to the challenge. Rising is an active choice” (47; my emphasis) I see resilience as involving mental and physical grit, coupled with creativity, aspiration and, crucially, agency. Dimensions of Resettlement To return to the story of 41-year-old Jerome Rugaruza, as related in a recent newspaper article: He [Mr Rugaruza] describes the experience of being a newly arrived refugee as being like that of a newborn baby. “You need special care; you have to learn to speak [English], eat the different food, create relationships, connections”. (Milsom) This is a key dimension of resettlement: the adult becomes like an infant again, shifting from someone who knows how things work and how to get by to someone who is likely to be, for a while, dependent on others for even the most basic things—communication, food, shelter, clothing, and social contact. The “special care” that most refugee arrivals need initially (and sometimes for a long time) often results in their being seen as deficient—in knowledge, skills, dispositions, and capacities as well as material goods (Keddie; Uptin, Wright and Harwood). As Fozdar and Hartley note: “The tendency to use a deficit model in refugee resettlement devalues people and reinforces the view of the mainstream population that refugees are a liability” (27). Yet unlike newborns, humanitarian settlers come to their new countries with rich social networks and extensive histories of experience and learning—resources that are in fact vital to their rebirth. Sisay (all names are pseudonyms), a year 11 student of Ethiopian heritage who was born in Kenya, told me with feeling: I had a life back in Africa [her emphasis]. It was good. Well, I would go back there if there’s no problems, which—is a fact. And I came here for a better life—yeah, I have a better life, there’s good health care, free school, and good environment and all that. But what’s that without friends? A fellow student, Celine, who came to Australia five years ago from Burundi via Uganda, told me in a focus group: Some teachers are really good but I think some other teachers could be a little bit more encouraging and understanding of what we’ve gone through, because [they] just look at you like “You’re year 11 now, you should know this” […] It’s really discouraging when [the teachers say] in front of the class, “Oh, you shouldn’t do this subject because you haven’t done this this this this” […] It’s like they’re on purpose to tell you “you don’t have what it takes; just give up and do something else.” As Uptin, Wright and Harwood note, “schools not only have the power to position who is included in schooling (in culture and pedagogy) but also have the power to determine whether there is room and appreciation for diversity” (126). Both Sisay and Celine were disheartened by the fact they felt some of their teachers, and many of their peers, had little interest in or understanding of their lives before they came to Australia. The teachers’ low expectations of refugee-background students (Keddie, Uptin, Wright and Harwood) contrasted with the students’ and their families’ high expectations of themselves (Brown, Miller and Mitchell; Harris and Marlowe). When I asked Sisay about her post-school ambitions, she said: “I have a good idea of my future […] write a documentary. And I’m working on it.” Celine’s response was: “I know I’m gonna do medicine, be a doctor.” A third girl, Lily, who came to Australia from Myanmar three years ago, told me she wanted to be an accountant and had studied accounting at the local TAFE last year. Joseph, a father of three who resettled from South Sudan seven years ago, stressed how important getting a job was to successful settlement: [But] you have to get a certificate first to get a job. Even the job of cleaning—when I came here I was told that somebody has to go to have training in cleaning, to use the different chemicals to clean the ground and all that. But that is just sweeping and cleaning with water—you don’t need the [higher-level] skills. Simple jobs like this, we are not able to get them. In regional Australia, employment opportunities tend to be limited (Fozdar and Hartley); the unemployment rate in Easthaven is twice the national average. Opportunities to study are also more limited than in urban centres, and would-be students are not always eligible for financial assistance to gain or upgrade qualifications. Even when people do have appropriate qualifications, work experience, and language proficiency, the colour of their skin may still mean they miss out on a job. Tilbury and Colic-Peisker have documented the various ways in which employers deflect responsibility for racial discrimination, including the “common” strategy (658) of arguing that while the employer or organisation is not prejudiced, they have to discriminate because of their clients’ needs or expectations. I heard this strategy deployed in an interview with a local businesswoman, Catriona: We were advertising for a new technician. And one of the African refugees came to us and he’d had a lot of IT experience. And this is awful, but we felt we couldn't give him the job, because we send our technicians into people's houses, and we knew that if a black African guy rocked up at someone’s house to try and fix their computer, they would not always be welcomed in all—look, it would not be something that [Easthaven] was ready for yet. Colic-Peisker and Tilbury (Refugees and Employment) note that while Australia has strict anti-discrimination legislation, this legislation may be of little use to the people who, because of the way they look and sound (skin colour, dress, accent), are most likely to face prejudice and discrimination. The researchers found that perceived discrimination in the labour market affected humanitarian settlers’ sense of satisfaction with their new lives far more than, for example, racist remarks, which were generally shrugged off; the students I interviewed spoke of racism as “expected,” but “quite rare.” Most of the people Colic-Peisker and Tilbury surveyed reported finding Australians “friendly and accepting” (33). Even if there is no active discrimination on the basis of skin colour in employment, education, or housing, or overt racism in social situations, visible difference can still affect a person’s sense of belonging, as Joseph recounts: I think of myself as Australian, but my colour doesn’t [laughs] […] Unfortunately many, many Australians are expecting that Australia is a country of Europeans … There is no need for somebody to ask “Where do you come from?” and “Do you find Australia here safe?” and “Do you enjoy it?” Those kind of questions doesn’t encourage that we are together. This highlights another dimension of resettlement: the journey from feeling “at home” to feeling “foreign” to, eventually, feeling at home again in the host country (Colic-Peisker and Tilbury, Refugees and Employment). In the case of visibly different settlers, however, this last stage may never be completed. Whether the questions asked of Joseph are well intentioned or not, their effect may be the same: they position him as a “forever foreigner” (Park). A further dimension of resettlement—one already touched on—is the degree to which humanitarian settlers actively manage their “rebirth,” and are allowed and encouraged to do so. A key factor will be their mastery of English, and Easthaven’s ESL teachers are thus pivotal in the resettlement process. There is little doubt that many of these teachers have gone to great lengths to help this cohort of students, not only in terms of language acquisition but also social inclusion. However, in some cases what is initially supportive can, with time, begin to undermine refugees’ maturity into independent citizens. Sharon, an ESL teacher at one of the schools, told me how she and her colleagues would give their refugee-background students lifts to social events: But then maybe three years down the track they have a car and their dad can drive, but they still won’t take them […] We arrive to pick them up and they’re not ready, or there’s five fantastic cars in the driveway, and you pick up the student and they say “My dad’s car’s much bigger and better than yours” [laughs]. So there’s an expectation that we’ll do stuff for them, but we’ve created that [my emphasis]. Other support services may have more complex interests in keeping refugee settlers dependent. The more clients an agency has, the more services it provides, and the longer clients stay on its books, the more lucrative the contract for the agency. Thus financial and employment imperatives promote competition rather than collaboration between service providers (Fozdar and Hartley; Sidhu and Taylor) and may encourage assumptions about what sorts of services different individuals and groups want and need. Colic-Peisker and Tilbury (“‘Active’ and ‘Passive’ Resettlement”) have developed a typology of resettlement styles—“achievers,” “consumers,” “endurers,” and “victims”—but stress that a person’s style, while influenced by personality and pre-migration factors, is also shaped by the institutions and individuals they come into contact with: “The structure of settlement and welfare services may produce a victim mentality, leaving members of refugee communities inert and unable to see themselves as agents of change” (76). The prevailing narrative of “the traumatised refugee” is a key aspect of this dynamic (Colic-Peisker and Tilbury, “‘Active’ and ‘Passive’ Resettlement”; Fozdar and Hartley; Keddie). Service providers may make assumptions about what humanitarian settlers have gone through before arriving in Australia, how they have been affected by their experiences, and what must be done to “fix” them. Norah, a long-time caseworker, told me: I think you get some [providers] who go, “How could you have gone through something like that and not suffered? There must be—you must have to talk about this stuff” […] Where some [refugees] just come with the [attitude] “We’re all born into a situation; that was my situation, but I’m here now and now my focus is this.” She cited failure to consider cultural sensitivities around mental illness and to recognise that stress and anxiety during early resettlement are normal (Tilbury) as other problems in the sector: [Newly arrived refugees] go through the “happy to be here” [phase] and now “hang on, I’ve thumped to the bottom and I’m missing my own foods and smells and cultures and experiences”. I think sometimes we’re just too quick to try and slot people into a box. One factor that appears to be vital in fostering and sustaining resilience is social connection. Norah said her clients were “very good on the mobile phone” and had links “everywhere,” including to family and friends in their countries of birth, transition countries, and other parts of Australia. A 2011 report for DIAC, Settlement Outcomes of New Arrivals, found that humanitarian entrants to Australia were significantly more likely to be members of cultural and/or religious groups than other categories of immigrants (Australian Survey Research). I found many examples of efforts to build both bonding and bridging capital (Putnam) in Easthaven, and I offer two examples below. Several people told me about a dinner-dance that had been held a few weeks before one of my visits. The event was organised by an African women’s group, which had been formed—with funding assistance—several years before. The dinner-dance was advertised in the local newspaper and attracted strong interest from a broad cross-section of Easthaveners. To Debbie, a counsellor, the response signified a “real turnaround” in community relations and was a big boon to the women’s sense of belonging. Erica, a teacher, told me about a cultural exchange day she had organised between her bush school—where almost all of the children are Anglo Australian—and ESL students from one of the town schools: At the start of the day, my kids were looking at [the refugee-background students] and they were scared, they were saying to me, "I feel scared." And we shoved them all into this tiny little room […] and they had no choice but to sit practically on top of each other. And by the end of the day, they were hugging each other and braiding their hair and jumping and playing together. Like Uptin, Wright and Harwood, I found that the refugee-background students placed great importance on the social aspects of school. Sisay, the girl I introduced earlier in this paper, said: “It’s just all about friendship and someone to be there for you […] We try to be friends with them [the non-refugee students] sometimes but sometimes it just seems they don’t want it.” Conclusion A 2012 report on refugee settlement services in NSW concludes that the state “is not meeting its responsibility to humanitarian entrants as well as it could” (Audit Office of New South Wales 2); moreover, humanitarian settlers in NSW are doing less well on indicators such as housing and health than humanitarian settlers in other states (3). Evaluating the effectiveness of formal refugee-centred programs was not part of my research and is beyond the scope of this paper. Rather, I have sought to reveal some of the ways in which the attitudes, assumptions, and everyday practices of service providers and members of the broader community impact on refugees' settlement experience. What I heard repeatedly in the interviews I conducted was that it was emotional and practical support (Matthews; Tilbury), and being asked as well as told (about their hopes, needs, desires), that helped Easthaven’s refugee settlers bear themselves into fulfilling new lives. References Audit Office of New South Wales. Settling Humanitarian Entrants in New South Wales—Executive Summary. May 2012. 15 Aug. 2013 ‹http://www.audit.nsw.gov.au/ArticleDocuments/245/02_Humanitarian_Entrants_2012_Executive_Summary.pdf.aspx?Embed=Y>. Australian Bureau of Statistics. 2011 Census QuickStats. Mar. 2013. 11 Aug. 2013 ‹http://www.censusdata.abs.gov.au/census_services/getproduct/census/2011/quickstat/0>. Australian Survey Research. Settlement Outcomes of New Arrivals—Report of Findings. Apr. 2011. 15 Aug. 2013 ‹http://www.immi.gov.au/media/publications/research/_pdf/settlement-outcomes-new-arrivals.pdf>. Brown, Jill, Jenny Miller, and Jane Mitchell. “Interrupted Schooling and the Acquisition of Literacy: Experiences of Sudanese Refugees in Victorian Secondary Schools.” Australian Journal of Language and Literacy 29.2 (2006): 150-62. Colic-Peisker, Val, and Farida Tilbury. “‘Active’ and ‘Passive’ Resettlement: The Influence of Supporting Services and Refugees’ Own Resources on Resettlement Style.” International Migration 41.5 (2004): 61-91. ———. Refugees and Employment: The Effect of Visible Difference on Discrimination—Final Report. Perth: Centre for Social and Community Research, Murdoch University, 2007. Fozdar, Farida, and Lisa Hartley. “Refugee Resettlement in Australia: What We Know and Need To Know.” Refugee Survey Quarterly 4 Jun. 2013. 12 Aug. 2013 ‹http://rsq.oxfordjournals.org/search?fulltext=fozdar&submit=yes&x=0&y=0>. Garcia Marquez, Gabriel. Love in the Time of Cholera. London: Penguin Books, 1989. Harris, Vandra, and Jay Marlowe. “Hard Yards and High Hopes: The Educational Challenges of African Refugee University Students in Australia.” International Journal of Teaching and Learning in Higher Education 23.2 (2011): 186-96. Hugo, Graeme. A Significant Contribution: The Economic, Social and Civic Contributions of First and Second Generation Humanitarian Entrants—Summary of Findings. Canberra: Department of Immigration and Citizenship, 2011. Keddie, Amanda. “Pursuing Justice for Refugee Students: Addressing Issues of Cultural (Mis)recognition.” International Journal of Inclusive Education 16.12 (2012): 1295-1310. Layton, Robyn. "Building Capacity to Ensure the Inclusion of Vulnerable Groups." Creating Our Future conference, Adelaide, 28 Jul. 2012. Milsom, Rosemarie. “From Hard Luck Life to the Lucky Country.” Sydney Morning Herald 20 Jun. 2013. 12 Aug. 2013 ‹http://www.smh.com.au/national/from-hard-luck-life-to-the-lucky-country-20130619-2oixl.html>. Park, Gilbert C. “’Are We Real Americans?’: Cultural Production of Forever Foreigners at a Diversity Event.” Education and Urban Society 43.4 (2011): 451-67. Poulson, Ingrid. Rise. Sydney: Pan Macmillan Australia, 2008. Putnam, Robert D. Bowling Alone: The Collapse and Revival of American Community. New York: Simon & Schuster, 2000. Sidhu, Ravinder K., and Sandra Taylor. “The Trials and Tribulations of Partnerships in Refugee Settlement Services in Australia.” Journal of Education Policy 24.6 (2009): 655-72. Tilbury, Farida. “‘I Feel I Am a Bird without Wings’: Discourses of Sadness and Loss among East Africans in Western Australia.” Identities: Global Studies in Culture and Power 14.4 (2007): 433-58. ———, and Val Colic-Peisker. “Deflecting Responsibility in Employer Talk about Race Discrimination.” Discourse & Society 17.5 (2006): 651-76. Uptin, Jonnell, Jan Wright, and Valerie Harwood. “It Felt Like I Was a Black Dot on White Paper: Examining Young Former Refugees’ Experience of Entering Australian High Schools.” The Australian Educational Researcher 40.1 (2013): 125-37.

Introduction One of the ways in which ‘country’ is made to work discursively is in ‘country music’ – defining a genre and sensibility in music production, marketing and consumption. This article seeks to excavate one small niche in the historical geography of country music to explore exactly how discursive antecedents emerged, and crucially, how images associated with ‘country’ surfaced and travelled internationally via one of the new ‘global’ media of the first half of the twentieth century – sheet music. My central arguments are twofold: first, that alongside aural qualities and lyrical content, the visual elements of sheet music were important and thus far have been under-acknowledged. Sheet music diffused the imagery connecting ‘country’ to music, to particular landscapes, and masculinities. In the literature on country music much emphasis has been placed on film, radio and television (Tichi; Peterson). Yet, sheet music was for several decades the most common way people bought personal copies of songs they liked and intended to play at home on piano, guitar or ukulele. This was particularly the case in Australia – geographically distant, and rarely included in international tours by American country music stars. Sheet music is thus a rich text to reveal the historical contours of ‘country’. My second and related argument is that that the possibilities for the globalising of ‘country’ were first explored in music. The idea of transnational discourses associated with ‘country’ and ‘rurality’ is relatively new (Cloke et al; Gorman-Murray et al; McCarthy), but in music we see early evidence of a globalising discourse of ‘country’ well ahead of the time period usually analysed. Accordingly, my focus is on the sheet music of country songs in Australia in the first half of the twentieth century and on how visual representations hybridised travelling themes to create a new vernacular ‘country’ in Australia. Creating ‘Country’ Music Country music, as its name suggests, is perceived as the music of rural areas, “defined in contrast to metropolitan norms” (Smith 301). However, the ‘naturalness’ of associations between country music and rurality belies a history of urban capitalism and the refinement of deliberate methods of marketing music through associated visual imagery. Early groups wore suits and dressed for urban audiences – but then altered appearances later, on the insistence of urban record companies, to emphasise rurality and cowboy heritage. Post-1950, ‘country’ came to replace ‘folk’ music as a marketing label, as the latter was considered to have too many communistic references (Hemphill 5), and the ethnic mixing of earlier folk styles was conveniently forgotten in the marketing of ‘country’ music as distinct from African American ‘race’ and ‘r and b’ music. Now an industry of its own with multinational headquarters in Nashville, country music is a ‘cash cow’ for entertainment corporations, with lower average production costs, considerable profit margins, and marketing advantages that stem from tropes of working class identity and ‘rural’ honesty (see Lewis; Arango). Another of country music’s associations is with American geography – and an imagined heartland in the colonial frontier of the American West. Slippages between ‘country’ and ‘western’ in music, film and dress enhance this. But historical fictions are masked: ‘purists’ argue that western dress and music have nothing to do with ‘country’ (see truewesternmusic.com), while recognition of the Spanish-Mexican, Native American and Hawaiian origins of ‘cowboy’ mythology is meagre (George-Warren and Freedman). Similarly, the highly international diffusion and adaptation of country music as it rose to prominence in the 1940s is frequently downplayed (Connell and Gibson), as are the destructive elements of colonialism and dispossession of indigenous peoples in frontier America (though Johnny Cash’s 1964 album The Ballads Of The American Indian: Bitter Tears was an exception). Adding to the above is the way ‘country’ operates discursively in music as a means to construct particular masculinities. Again, linked to rural imagery and the American frontier, the dominant masculinity is of rugged men wrestling nature, negotiating hardships and the pressures of family life. Country music valorises ‘heroic masculinities’ (Holt and Thompson), with echoes of earlier cowboy identities reverberating into contemporary performance through dress style, lyrical content and marketing imagery. The men of country music mythology live an isolated existence, working hard to earn an income for dependent families. Their music speaks to the triumph of hard work, honest values (meaning in this context a musical style, and lyrical concerns that are ‘down to earth’, ‘straightforward’ and ‘without pretence’) and physical strength, in spite of neglect from national governments and uncaring urban leaders. Country music has often come to be associated with conservative politics, heteronormativity, and whiteness (Gibson and Davidson), echoing the wider politics of ‘country’ – it is no coincidence, for example, that the slogan for the 2008 Republican National Convention in America was ‘country first’. And yet, throughout its history, country music has also enabled more diverse gender performances to emerge – from those emphasising (or bemoaning) domesticity; assertive femininity; creative negotiation of ‘country’ norms by gay men; and ‘alternative’ culture (captured in the marketing tag, ‘alt.country’); to those acknowledging white male victimhood, criminality (‘the outlaw’), vulnerability and cruelty (see Johnson; McCusker and Pecknold; Saucier). Despite dominant tropes of ‘honesty’, country music is far from transparent, standing for certain values and identities, and yet enabling the construction of diverse and contradictory others. Historical analysis is therefore required to trace the emergence of ‘country’ in music, as it travelled beyond America. A Note on Sheet Music as Media Source Sheet music was one of the main modes of distribution of music from the 1930s through to the 1950s – a formative period in which an eclectic group of otherwise distinct ‘hillbilly’ and ‘folk’ styles moved into a single genre identity, and after which vinyl singles and LP records with picture covers dominated. Sheet music was prevalent in everyday life: beyond radio, a hit song was one that was widely purchased as sheet music, while pianos and sheet music collections (stored in a piece of furniture called a ‘music canterbury’) in family homes were commonplace. Sheet music is in many respects preferable to recorded music as a form of evidence for historical analysis of country music. Picture LP covers did not arrive until the late 1950s (by which time rock and roll had surpassed country music). Until then, 78 rpm shellac discs, the main form of pre-recorded music, featured generic brown paper sleeves from the individual record companies, or city retail stores. Also, while radio was clearly central to the consumption of music in this period, it obviously also lacked the pictorial element that sheet music could provide. Sheet music bridged the music and printing industries – the latter already well-equipped with colour printing, graphic design and marketing tools. Sheet music was often literally crammed with information, providing the researcher with musical notation, lyrics, cover art and embedded advertisements – aural and visual texts combined. These multiple dimensions of sheet music proved useful here, for clues to the context of the music/media industries and geography of distribution (for instance, in addresses for publishers and sheet music retail shops). Moreover, most sheet music of the time used rich, sometimes exaggerated, images to convince passing shoppers to buy songs that they had possibly never heard. As sheet music required caricature rather than detail or historical accuracy, it enabled fantasy without distraction. In terms of representations of ‘country’, then, sheet music is perhaps even more evocative than film or television. Hundreds of sheet music items were collected for this research over several years, through deliberate searching (for instance, in library archives and specialist sheet music stores) and with some serendipity (for instance, when buying second hand sheet music in charity shops or garage sales). The collected material is probably not representative of all music available at the time – it is as much a specialised personal collection as a comprehensive survey. However, at least some material from all the major Australian country music performers of the time were found, and the resulting collection appears to be several times larger than that held currently by the National Library of Australia (from which some entries were sourced). All examples here are of songs written by, or cover art designed for Australian country music performers. For brevity’s sake, the following analysis of the sheet music follows a crudely chronological framework. Country Music in Australia Before ‘Country’ Country music did not ‘arrive’ in Australia from America as a fully-finished genre category; nor was Australia at the time without rural mythology or its own folk music traditions. Associations between Australian national identity, rurality and popular culture were entrenched in a period of intense creativity and renewed national pride in the decades prior to and after Federation in 1901. This period saw an outpouring of art, poetry, music and writing in new nationalist idiom, rooted in ‘the bush’ (though drawing heavily on Celtic expressions), and celebrating themes of mateship, rural adversity and ‘battlers’. By the turn of the twentieth century, such myths, invoked through memory and nostalgia, had already been popularised. Australia had a fully-established system of colonies, capital cities and state governments, and was highly urbanised. Yet the poetry, folk music and art, invariably set in rural locales, looked back to the early 1800s, romanticising bush characters and frontier events. The ‘bush ballad’ was a central and recurring motif, one that commentators have argued was distinctly, and essentially ‘Australian’ (Watson; Smith). Sheet music from this early period reflects the nationalistic, bush-orientated popular culture of the time: iconic Australian fauna and flora are prominent, and Australian folk culture is emphasised as ‘native’ (being the first era of cultural expressions from Australian-born residents). Pioneer life and achievements are celebrated. ‘Along the road to Gundagai’, for instance, was about an iconic Australian country town and depicted sheep droving along rustic trails with overhanging eucalypts. Male figures are either absent, or are depicted in situ as lone drovers in the archetypal ‘shepherd’ image, behind their flocks of sheep (Figure 1). Figure 1: No. 1 Magpie Ballads – The Pioneer (c1900) and Along the road to Gundagai (1923). Further colonial ruralities developed in Australia from the 1910s to 1940s, when agrarian values grew in the promotion of Australian agricultural exports. Australia ‘rode on the sheep’s back’ to industrialisation, and governments promoted rural development and inland migration. It was a period in which rural lifestyles were seen as superior to those in the crowded inner city, and government strategies sought to create a landed proletariat through post-war land settlement and farm allotment schemes. National security was said to rely on populating the inland with those of European descent, developing rural industries, and breeding a healthier and yet compliant population (Dufty), from which armies of war-ready men could be recruited in times of conflict. Popular culture served these national interests, and thus during these decades, when ‘hillbilly’ and other North American music forms were imported, they were transformed, adapted and reworked (as in other places such as Canada – see Lehr). There were definite parallels in the frontier narratives of the United States (Whiteoak), and several local adaptations followed: Tex Morton became Australia’s ‘Yodelling boundary rider’ and Gordon Parsons became ‘Australia’s yodelling bushman’. American songs were re-recorded and performed, and new original songs written with Australian lyrics, titles and themes. Visual imagery in sheet music built upon earlier folk/bush frontier themes to re-cast Australian pastoralism in a more settled, modernist and nationalist aesthetic; farms were places for the production of a robust nation. Where male figures were present on sheet music covers in the early twentieth century, they became more prominent in this period, and wore Akubras (Figure 2). The lyrics to John Ashe’s Growin’ the Golden Fleece (1952) exemplify this mix of Australian frontier imagery, new pastoralist/nationalist rhetoric, and the importation of American cowboy masculinity: Go west and take up sheep, man, North Queensland is the shot But if you don’t get rich, man, you’re sure to get dry rot Oh! Growin’ the golden fleece, battlin’ a-way out west Is bound to break your flamin’ heart, or else expand your chest… We westerners are handy, we can’t afford to crack Not while the whole darn’d country is riding on our back Figure 2: Eric Tutin’s Shearers’ Jamboree (1946). As in America, country music struck a chord because it emerged “at a point in history when the project of the creation and settlement of a new society was underway but had been neither completed nor abandoned” (Dyer 33). Governments pressed on with the colonial project of inland expansion in Australia, despite the theft of indigenous country this entailed, and popular culture such as music became a means to normalise and naturalise the process. Again, mutations of American western imagery, and particular iconic male figures were important, as in Roy Darling’s (1945) Overlander Trail (Figure 3): Wagon wheels are rolling on, and the days seem mighty long Clouds of heat-dust in the air, bawling cattle everywhere They’re on the overlander trail Where only sheer determination will prevail Men of Aussie with a job to do, they’ll stick and drive the cattle through And though they sweat they know they surely must Keep on the trail that winds a-head thro’ heat and dust All sons of Aussie and they will not fail. Sheet music depicted silhouetted men in cowboy hats on horses (either riding solo or in small groups), riding into sunsets or before looming mountain ranges. Music – an important part of popular culture in the 1940s – furthered the colonial project of invading, securing and transforming the Australian interior by normalising its agendas and providing it with heroic male characters, stirring tales and catchy tunes. Figure 3: ‘Roy Darling’s (1945) Overlander Trail and Smoky Dawson’s The Overlander’s Song (1946). ‘Country Music’ Becomes a (Globalised) Genre Further growth in Australian country music followed waves of popularity in the United States in the 1940s and 1950s, and was heavily influenced by new cross-media publicity opportunities. Radio shows expanded, and western TV shows such as Bonanza and On the Range fuelled a ‘golden age’. Australian performers such as Slim Dusty and Smokey Dawson rose to fame (see Fitzgerald and Hayward) in an era when rural-urban migration peaked. Sheet music reflected the further diffusion and adoption of American visual imagery: where male figures were present on sheet music covers, they became more prominent than before and wore Stetsons. Some were depicted as chiselled-faced but simple men, with plain clothing and square jaws. Others began to more enthusiastically embrace cowboy looks, with bandana neckerchiefs, rawhide waistcoats, embellished and harnessed tall shaft boots, pipe-edged western shirts with wide collars, smile pockets, snap fasteners and shotgun cuffs, and fringed leather jackets (Figure 4). Landscapes altered further too: cacti replaced eucalypts, and iconic ‘western’ imagery of dusty towns, deserts, mesas and buttes appeared (Figure 5). Any semblance of folk music’s appeal to rustic authenticity was jettisoned in favour of showmanship, as cowboy personas were constructed to maximise cinematic appeal. Figure 4: Al Dexter’s Pistol Packin’ Mama (1943) and Reg Lindsay’s (1954) Country and Western Song Album. Figure 5: Tim McNamara’s Hitching Post (1948) and Smoky Dawson’s Golden West Album (1951). Far from slavish mimicry of American culture, however, hybridisations were common. According to Australian music historian Graeme Smith (300): “Australian place names appear, seeking the same mythological resonance that American localisation evoked: hobos became bagmen […] cowboys become boundary riders.” Thus alongside reproductions of the musical notations of American songs by Lefty Frizzel, Roy Carter and Jimmie Rodgers were songs with localised themes by new Australian stars such as Reg Lindsay and Smoky Dawson: My curlyheaded buckaroo, My home way out back, and On the Murray Valley. On the cover of The square dance by the billabong (Figure 6) – the title of which itself was a conjunction of archetypal ‘country’ images from both America and Australia – a background of eucalypts and windmills frames dancers in classic 1940s western (American) garb. In the case of Tex Morton’s Beautiful Queensland (Figure 7), itself mutated from W. Lee O’Daniel’s Beautiful Texas (c1945), the sheet music instructed those playing the music that the ‘names of other states may be substituted for Queensland’. ‘Country’ music had become an established genre, with normative values, standardised images and themes and yet constituted a stylistic formula with enough polysemy to enable local adaptations and variations. Figure 6: The Square dance by the billabong, Vernon Lisle, 1951. Figure 7: Beautiful Queensland, Tex Morton, c1945 source: http://nla.gov.au/nla.mus-vn1793930. Conclusions In country music images of place and masculinity combine. In music, frontier landscapes are populated by rugged men living ‘on the range’ in neo-colonial attempts to tame the land and convert it to productive uses. This article has considered only one media – sheet music – in only one country (Australia) and in only one time period (1900-1950s). There is much more to say than was possible here about country music, place and gender – particularly recently, since ‘country’ has fragmented into several niches, and marketing of country music via cable television and the internet has ensued (see McCusker and Pecknold). My purpose here has been instead to explore the early origins of ‘country’ mythology in popular culture, through a media source rarely analysed. Images associated with ‘country’ travelled internationally via sheet music, immensely popular in the 1930s and 1940s before the advent of television. The visual elements of sheet music contributed to the popularisation and standardisation of genre expectations and appearances, and yet these too travelled and were adapted and varied in places like Australia which had their own colonial histories and folk music heritages. Evidenced here is how combinations of geographical and gender imagery embraced imported American cowboy imagery and adapted it to local markets and concerns. Australia saw itself as a modern rural utopia with export aspirations and a desire to secure permanence through taming and populating its inland. Sheet music reflected all this. So too, sheet music reveals the historical contours of ‘country’ as a transnational discourse – and the extent to which ‘country’ brought with it a clearly defined set of normative values, a somewhat exaggerated cowboy masculinity, and a remarkable capacity to be moulded to local circumstances. Well before later and more supposedly ‘global’ media such as the internet and television, the humble printed sheet of notated music was steadily shaping ‘country’ imagery, and an emergent international geography of cultural flows. References Arango, Tim. “Cashville USA.” Fortune, Jan 29, 2007. Sept 3, 2008, http://money.cnn.com/magazines/fortune/fortune_archive/2007/01/22/8397980/index.htm. Cloke, Paul, Marsden, Terry and Mooney, Patrick, eds. Handbook of Rural Studies, London: Sage, 2006. Connell, John and Gibson, Chris. Sound Tracks: Popular Music, Identity and Place, London: Routledge, 2003. Dufty, Rae. Rethinking the politics of distribution: the geographies and governmentalities of housing assistance in rural New South Wales, Australia, PhD thesis, UNSW, 2008. Dyer, Richard. White: Essays on Race and Culture, London: Routledge, 1997. George-Warren, Holly and Freedman, Michelle. How the West was Worn: a History of Western Wear, New York: Abrams, 2000. Fitzgerald, Jon and Hayward, Phil. “At the confluence: Slim Dusty and Australian country music.” Outback and Urban: Australian Country Music. Ed. Phil Hayward. Gympie: Australian Institute of Country Music Press, 2003. 29-54. Gibson, Chris and Davidson, Deborah. “Tamworth, Australia’s ‘country music capital’: place marketing, rural narratives and resident reactions.” Journal of Rural Studies 20 (2004): 387-404. Gorman-Murray, Andrew, Darian-Smith, Kate and Gibson, Chris. “Scaling the rural: reflections on rural cultural studies.” Australian Humanities Review 45 (2008): in press. Hemphill, Paul. The Nashville Sound: Bright Lights and Country Music, New York: Simon and Schuster, 1970. Holt, Douglas B. and Thompson, Craig J. “Man-of-action heroes: the pursuit of heroic masculinity in everyday consumption.” Journal of Consumer Research 31 (2004). Johnson, Corey W. “‘The first step is the two-step’: hegemonic masculinity and dancing in a country western gay bar.” International Journal of Qualitative Studies in Education 18 (2004): 445-464. Lehr, John C. “‘Texas (When I die)’: national identity and images of place in Canadian country music broadcasts.” The Canadian Geographer 27 (1983): 361-370. Lewis, George H. “Lap dancer or hillbilly deluxe? The cultural construction of modern country music.” Journal of Popular Culture, 31 (1997): 163-173. McCarthy, James. “Rural geography: globalizing the countryside.” Progress in Human Geography 32 (2008): 132-137. McCusker, Kristine M. and Pecknold, Diane. Eds. A Boy Named Sue: Gender and Country Music. UP of Mississippi, 2004. Peterson, Richard A. Creating Country Music: Fabricating Authenticity. Chicago: U of Chicago P, 1997. Saucier, Karen A. “Healers and heartbreakers: images of women and men in country music.” Journal of Popular Culture 20 (1986): 147-166. Smith, Graeme. “Australian country music and the hillbilly yodel.” Popular Music 13 (1994): 297-311. Tichi, Cecelia. Readin’ Country Music. Durham: Duke UP, 1998. truewesternmusic.com “True western music.”, Sept 3, 2008, http://truewesternmusic.com/. Watson, Eric. Country Music in Australia. Sydney: Rodeo Publications, 1984. Whiteoak, John. “Two frontiers: early cowboy music and Australian popular culture.” Outback and Urban: Australian Country Music. Ed. P. Hayward. Gympie: AICMP: 2003. 1-28.

Introduction Mentors play a role in real life, just as they do in fiction. They also feature in reality television, which sits somewhere between the two. In fiction, mentors contribute to the narrative arc by providing guidance and assistance (Vogler 12) to a mentee in his or her life or professional pursuits. These exchanges are usually characterized by reciprocity, the need for mutual recognition (Gadamer 353) and involve some kind of moral question. They dramatise the possibilities of mentoring in reality, to provide us with a greater understanding of the world, and our human interaction within it. Reality television offers a different perspective. Like drama it uses the plot device of a mentor character to heighten the story arc, but instead of focusing on knowledge-based portrayals (Gadamer 112) of the mentor and mentee, the emphasis is instead on the mentee’s quest for ascension. In attempting to transcend their unknownness (Boorstin) contestants aim to penetrate an exclusive creative class (Florida). Populated by celebrity chefs, businessmen, entertainers, fashionistas, models, socialites and talent judges (to name a few), this class seemingly adds authenticity to ‘competitions’ and other formats. While the mentor’s role, on the surface, is to provide divine knowledge and facilitate the journey, a different agenda is evident in the ways carefully scripted (Booth) dialogue heightens the drama through effusive praise (New York Daily News) and “tactless” (Woodward), humiliating (Hirschorn; Winant 69; Woodward) and cruel sentiments. From a screen narrative point of view, this takes reality television as ‘storytelling’ (Aggarwal; Day; Hirschorn; “Reality Writer”; Rupel; Stradal) into very different territory. The contrived and later edited (Crouch; Papacharissi and Mendelson 367) communication between mentor and mentee not only renders the relationship disingenuous, it compounds the primary ethical concerns of associated Schadenfreude (Balasubramanian, Forstie and van den Scott 434; Cartwright), and the severe financial inequality (Andrejevic) underpinning a multi-billion dollar industry (Hamilton). As upward mobility and instability continue to be ubiquitously portrayed in 21st century reality entertainment under neoliberalism (Sender 4; Winant 67), it is with increasing frequency that we are seeing the systematic reinvention of the once significant cultural and historical role of the mentor. Mentor as Fictional Archetype and Communicator of ThemesDepictions of mentors can be found across the Western art canon. From the mythological characters of Telemachus’ Athena and Achilles’ Chiron, to King Arthur’s Merlin, Cinderella’s Fairy Godmother, Jim Hawkins’ Long John Silver, Frodo’s Gandalf, Batman’s Alfred and Marty McFly’s Doc Emmett Brown (among many more), the dramatic energy of the teacher, expert or supernatural aid (Vogler 39) has been timelessly powerful. Heroes, typically, engage with a mentor as part of their journey. Mentor types range extensively, from those who provide motivation, inspiration, training or gifts (Vogler), to those who may be dark or malevolent, or have fallen from grace (such as Michael Douglas’ Gordon Gekko in Wall Street 1987, or the ex-tribute Haymitch in The Hunger Games, 2012). A good drama usually complicates the relationship in some way, exploring initial reluctance from either party, or instances of tragedy (Vogler 11, 44) which may prevent the relationship achieving its potential. The intriguing twist of a fallen or malevolent mentor additionally invites the audience to morally analyze the ways the hero responds to what the mentor provides, and to question what our teachers or superiors tell us. In television particularly, long running series such as Mad Men have shown how a mentoring relationship can change over time, where “non-rational” characters (Buzzanell and D’Enbeau 707) do not necessarily maintain reciprocity or equality (703) but become subject to intimate, ambivalent and erotic aspects.As the mentor in fiction has deep cultural roots for audiences today, it is no wonder they are used, in a variety of archetypal capacities, in reality television. The dark Simon Cowell (of Pop Idol, American Idol, Britain’s Got Talent, America’s Got Talent and The X-Factor series) and the ‘villainous’ (Byrnes) Michelin-starred Marco Pierre White (Hell’s Kitchen, The Chopping Block, Marco Pierre White’s Kitchen Wars, MasterChef Australia, New Zealand, South Africa) provide reality writers with much needed antagonism (Rupel, Stradal). Those who have fallen from grace, or allowed their personal lives to play out in tabloid sagas such as Britney Spears (Marikar), or Caitlyn Jenner (Bissinger) provide different sources of conflict and intrigue. They are then counterbalanced with or repackaged as the good mentor. Examples of the nurturer who shows "compassion and empathy" include American Idol’s Paula Abdul (Marche), or the supportive Jennifer Hawkins in Next Top Model (Thompson). These distinctive characters help audiences to understand the ‘reality’ as a story (Crouch; Rupel; Stradal). But when we consider the great mentors of screen fiction, it becomes clear how reality television has changed the nature of story. The Karate Kid I (1984) and Good Will Hunting (1998) are two examples where mentoring is almost the exclusive focus, and where the experience of the characters differs greatly. In both films an initially reluctant mentor becomes deeply involved in the mentee’s project. They act as a special companion to the hero in the face of isolation, and, significantly, reveal a tragedy of their own, providing a nexus through which the mentee can access a deeper kind of truth. Not only are they flawed and ordinary people (they are not celebrities within the imagined worlds of the stories) who the mentee must challenge and learn to truly respect, they are “effecting and important” (Maslin) in reminding audiences of those hidden idiosyncrasies that open the barriers to friendship. Mentors in these stories, and many others, communicate themes of class, culture, talent, jealousy, love and loss which inform ideas about the ethical treatment of the ‘other’ (Gadamer). They ultimately prove pivotal to self worth, human confidence and growth. Very little of this thematic substance survives in reality television (see comparison of plots and contrasting modes of human engagement in the example of The Office and Dirty Jobs, Winant 70). Archetypally identifiable as they may be, mean judges and empathetic supermodels as characters are concerned mostly with the embodiment of perfection. They are flawless, untouchable and indeed most powerful when human welfare is at stake, and when the mentee before them faces isolation (see promise to a future ‘Rihanna’, X-Factor USA, Season 2, Episode 1 and Tyra Banks’ Next Top Model tirade at a contestant who had not lived up to her potential, West). If connecting with a mentor in fiction has long signified the importance of understanding of the past, of handing down tradition (Gadamer 354), and of our fascination with the elder, wiser other, then we can see a fundamental shift in narrative representation of mentors in reality television stories. In the past, as we have opened our hearts to such characters, as a facilitator to or companion of the hero, we have rehearsed a sacred respect for the knowledge and fulfillment mentors can provide. In reality television the ‘drama’ may evoke a fleeting rush of excitement at the hero’s success or failure, but the reality belies a pronounced distancing between mentor and mentee. The Creative Class: An Aspirational ParadigmThemes of ascension and potential fulfillment are also central to modern creativity discourse (Runco; Runco 672; United Nations). Seen as the driving force of the 21st century, creativity is now understood as much more than art, capable of bringing economic prosperity (United Nations) and social cohesion to its acme (United Nations xxiii). At the upper end of creative practice, is what Florida called “the creative class: a fast growing, highly educated, and well-paid segment of the workforce” (on whose expertise corporate profits depend), in industries ranging “from technology to entertainment, journalism to finance, high-end manufacturing to the arts” (Florida). Their common ethos is centered on individuality, diversity, and merit; eclipsing previous systems focused on ‘shopping’ and theme park consumerism and social conservatism (Eisinger). While doubts have since been raised about the size (Eisinger) and financial practices (Krätke 838) of the creative class (particularly in America), from an entertainment perspective at least, the class can be seen in full action. Extending to rich housewives, celebrity teen mothers and even eccentric duck hunters and swamp people, the creative class has caught up to the more traditional ‘star’ actor or music artist, and is increasingly marketable within world’s most sought after and expensive media spaces. Often reality celebrities make their mark for being the most outrageous, the cruelest (Peyser), or the weirdest (Gallagher; Peyser) personalities in the spotlight. Aspiring to the creative class thus, is a very public affair in television. Willing participants scamper for positions on shows, particularly those with long running, heavyweight titles such as Big Brother, The Bachelor, Survivor and the Idol series (Hill 35). The better known formats provide high visibility, with the opportunity to perform in front of millions around the globe (Frere-Jones, Day). Tapping into the deeply ingrained upward-mobility rhetoric of America, and of Western society, shows are aided in large part by 24-hour news, social media, the proliferation of celebrity gossip and the successful correlation between pop culture and an entertainment-style democratic ideal. As some have noted, dramatized reality is closely tied to the rise of individualization, and trans-national capitalism (Darling-Wolf 127). Its creative dynamism indeed delivers multi-lateral benefits: audiences believe the road to fame and fortune is always just within reach, consumerism thrives, and, politically, themes of liberty, egalitarianism and freedom ‘provide a cushioning comfort’ (Peyser; Pinter) from the domestic and international ills that would otherwise dispel such optimism. As the trials and tests within the reality genre heighten the seriousness of, and excitement about ascending toward the creative elite, show creators reproduce the same upward-mobility themed narrative across formats all over the world. The artifice is further supported by the festival-like (Grodin 46) symbology of the live audience, mass viewership and the online voting community, which in economic terms, speaks to the creative power of the material. Whether through careful manipulation of extra media space, ‘game strategy’, or other devices, those who break through are even more idolized for the achievement of metamorphosing into a creative hero. For the creative elite however, who wins ‘doesn’t matter much’. Vertical integration is the priority, where the process of making contestants famous is as lucrative as the profits they will earn thereafter; it’s a form of “one-stop shopping” as the makers of Idol put it according to Frere-Jones. Furthermore, as Florida’s measures and indicators suggested, the geographically mobile new creative class is driven by lifestyle values, recreation, participatory culture and diversity. Reality shows are the embodiment this idea of creativity, taking us beyond stale police procedural dramas (Hirschorn) and racially typecast family sitcoms, into a world of possibility. From a social equality perspective, while there has been a notable rise in gay and transgender visibility (Gamson) and stories about lower socio-economic groups – fast food workers and machinists for example – are told in a way they never were before, the extent to which shows actually unhinge traditional power structures is, as scholars have noted (Andrejevic and Colby 197; Schroeder) open to question. As boundaries are nonetheless crossed in the age of neoliberal creativity, the aspirational paradigm of joining a new elite in real life is as potent as ever. Reality Television’s Mentors: How to Understand Their ‘Role’Reality television narratives rely heavily on the juxtaposition between celebrity glamour and comfort, and financial instability. As mentees put it ‘all on the line’, storylines about personal suffering are hyped and molded for maximum emotional impact. In the best case scenarios mentors such as Caitlyn Jenner will help a trans mentee discover their true self by directing them in a celebrity-style photo shoot (see episode featuring Caitlyn and Zeam, Logo TV 2015). In more extreme cases the focus will be on an adopted contestant’s hopes that his birth mother will hear him sing (The X Factor USA, Season 2, Episode 11 Part 1), or on a postal clerk’s fear that elimination will mean she has to go back “to selling stamps” (The X Factor US - Season 2 Episode 11 Part 2). In the entrepreneurship format, as Woodward pointed out, it is not ‘help’ that mentees are given, but condescension. “I have to tell you, my friend, that this is the worst idea I’ve ever heard. You don’t have a clue about how to set up a business or market a product,” Woodward noted as the feedback given by one elite businessman on The Shark Tank (Woodward). “This is a five million dollar contract and I have to know that you can go the distance” (The X Factor US – Season 2 Episode 11, Part 1) Britney Spears warned to a thirteen-year-old contestant before accepting her as part of her team. In each instance the fictitious premise of being either an ‘enabler’ or destroyer of dreams is replayed and slightly adapted for ongoing consumer interest. This lack of shared experience and mutual recognition in reality television also highlights the overt, yet rarely analyzed focus on the wealth of mentors as contrasted with their unstable mentees. In the respective cases of The X Factor and I Am Cait, one of the wealthiest moguls in entertainment, Cowell, reportedly contracts mentors for up to $15 million per season (Nair); Jenner’s performance in I Am Cait was also set to significantly boost the Kardashian empire (reportedly already worth $300 million, Pavia). In both series, significant screen time has been dedicated to showing the mentors in luxurious beachside houses, where mentees may visit. Despite the important social messages embedded in Caitlyn’s story (which no doubt nourishes the Kardashian family’s generally more ersatz material), the question, from a moral point of view becomes: would these mentors still interact with that particular mentee without the money? Regardless, reality participants insist they are fulfilling their dreams when they appear. Despite the preplanning, possibility of distress (Australia Network News; Bleasby) and even suicide (Schuster), as well as the ferocity of opinion surrounding shows (Marche) the parade of a type of ‘road of trials’ (Vogler 189) is enough to keep a huge fan base interested, and hungry for their turn to experience the fortune of being touched by the creative elite; or in narrative terms, a supernatural aid. ConclusionThe key differences between reality television and artistic narrative portrayals of mentors can be found in the use of archetypes for narrative conflict and resolution, in the ways themes are explored and the ways dialogue is put to use, and in the focus on and visibility of material wealth (Frere-Jones; Peyser). These differences highlight the political, cultural and social implications of exchanging stories about potential fulfillment, for stories about ascension to the creative class. Rather than being based on genuine reciprocity, and understanding of human issues, reality shows create drama around the desperation to penetrate the inner sanctum of celebrity fame and fortune. In fiction we see themes based on becoming famous, on gender transformation, and wealth acquisition, such as in the films and series Almost Famous (2000), The Bill Silvers Show (1955-1959), Filthy Rich (1982-1983), and Tootsie (1982), but these stories at least attempt to address a moral question. Critically, in an artistic - rather than commercial context – the actors (who may play mentees) are not at risk of exploitation (Australia Network News; Bleasby; Crouch). Where actors are paid and recognized creatively for their contribution to an artistic work (Rupel), the mentee in reality television has no involvement in the ways action may be set up for maximum voyeuristic enjoyment, or manipulated to enhance scandalous and salacious content which will return show and media profits (“Reality Show Fights”; Skeggs and Wood 64). The emphasis, ironically, from a reality production point of view, is wholly on making the audience believe (Papacharissi and Mendelson 367) that the content is realistic. This perhaps gives some insight as to why themes of personal suffering and instability are increasingly evident across formats.On an ethical level, unlike the knowledge transferred through complex television plots, or in coming of age films (as cited above) about the ways tradition is handed down, and the ways true mentors provide altruistic help in human experience; in reality television we take away the knowledge that life, under neoliberalism, is most remarkable when one is handpicked to undertake a televised journey featuring their desire for upward mobility. The value of the mentoring in these cases is directly proportionate to the financial objectives of the creative elite.ReferencesAggarwal, Sirpa. “WWE, A&E Networks, and Simplynew Share Benefits of White-Label Social TV Solutions at the Social TV Summit.” Arktan 25 July 2012. 1 August 2014 <http://arktan.com/wwe-ae-networks-and-simplynew-share-benefits-of-white-label-social-tv-solutions-at-the-social-tv-summit/>. 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