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Proceedings of the fifth International Brain-Computer Interface Meeting

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Illegally or unconstitutionally obtained evidence: a South African perspective This article is based on a national report to an international conference of the International Association of Procedural Law rendered. The contribution focuses on recent developments in the South African case law regarding the admissibility of illegally or unconstitutionally obtained evidence. Considerable attention is given to the position in criminal cases and the impact of Canadian case law on the courts. In this regard it is particularly important to note the latest approach on the admissibility of real evidence obtained so that accepted the Canadian Supreme Court. In light of the weight that our courts to attach Canadian rulings on constitutional issues, the development likely to have an influence on our judgment. The first article outlines briefly the background of the South African law of evidence and the handling of illegally obtained evidence to the subject for a foreign reader in perspective. Criminal cases are first in line and in this context the focus on the content and application of Article 35 (5) of the Constitution. Because of the influence of Canadian case law on our judgment, attention is focused on a three rulings of the High Court Canadians, namely R v Collins, R v Stillman and R v Grant. The Grant- decision is particularly important because the court in this matter A new approach followed regarding the admissibility of real evidence was obtained in contravention of the provisions of the Canadian charter. In short, this means that the court in R v Grant the approach in R v Stillman rejected and a new framework proposed in which courts Article 24 (2) of the charter should apply. The Stillman approach entailed that for purposes of the inquiry to the fairness of the trial the distinction between real and communicative evidence as irrelevant considered. The only question was whether the evidence - real or communicative - in a forced way acquired. In R v Stillman is also dispensed with the rule that the privilege against self-incrimination only applies to communicative evidence. The Stillman -beslissing evoked justifiable criticism in both Canada and South Africa. Unfortunately, the Supreme Court of Appeal in S v Tandwa the Stillman -beslissing result and Collins approach, according to which the distinction between real evidence and communicative evidence maintained rejected. The Grant -beslissing impose a broad flexible approach down within said distinction in the context of the fair trial query can still play a role. The hope is expressed that the highest court of appeal, submitted to the next occasion when this issue before the court, his back to S v Tandwa will turn and careful consideration to the judgment in R v Grant will give. The position in civil cases concerning improperly or illegally / unconstitutionally obtained evidence is discussed below. The focus is mainly on case law on this issue since the new constitutional dispensation came into force. Two issues of importance in the context Lotter v Arlow and Fedics Group (Pty) Ltd v Matus. In conclusion it is pointed out that the rules governing the admissibility of illegally or unconstitutionally obtained evidence regulates aimed the rights of the accused in a criminal case and to protect the parties in civil cases. The rules also aim to serve the interests of justice. It can also happen, however, in both criminal and civil cases, that evidence has been obtained on the controversial manner, yet are allowed. In a criminal case may such a finding is affected because of the bona fide actions of the police, while in a civil case the unlawful conduct of the party objection to the evidence the foundation can provide for. The task of the court is to maintain a balance between the conflicting interests by all circumstances into consideration.

In this case the court was called upon to exclude certain evidence against one of the accused in terms of s 35(5) of the Constitution of the Republic of South Africa, 1996. This section provides as follows: 'Evidence obtained in a manner that violates any right in the Bill of Rights must be excluded if the admission of that evidence would render the trial unfair or otherwise be detrimental to the administration of justice.' It will be apposite, before discussing the present case, to do a brief analysis of s 35(5) and to refer to s 24(2) of the Canadian Charter of Rights and Freedoms, upon which the former section appears to be modelled (Steytler Constitutional Criminal Procedure (1998) 34; S v Naidoo 1998 1 SACR 479 (N) at 527g).

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Thesis (M. Ing. (Mechanical Engineering))--North-West University, Potchefstroom Campus, 2006. Due to the phase-out of all refrigerants with ozone depletion potential, a large void is left inthe refrigeration market. This void was caused due to a lack of new, ozone friendly, pure refrigerants with similar thermodynamic properties to those of the banned refrigerants. As a result mixtures of refrigerants are used to create replacement refrigerants. These new mixtures have to be experimentally evaluated to derive correlations for the prediction of the heat transfer coefficients. One of these mixtures is R407C. With this new refrigerant and the need for smaller, more compact heat exchangers, a search was initiated for a correlation describing the heat transfer coefficients of R4O7C in fluted-tube compact heat exchangers. The need for such a correlation is to accurately design compact fluted-tube heat exchangers for use in heat pumps and refrigeration systems. Fluted-tube heat exchangers are in general, much smaller and more compact than standard smooth tube-in-tube heat exchangers. The purpose of this study was to experimentally determine the forced convective boiling heat transfer coefficients of R407C in fluted-tubes; furthermore, to test these experimental values against existing heat transfer correlations. The product of this study is experimental boiling data for R22 and R407C in fluted-tubes, together with a correlation to predict the boiling heat transfer coefficient of R4O7C in fluted-tubes. The test bench used, was a 15 kW heat pump with a split evaporator design. The split evaporator is made up of a bypass evaporator and a test evaporator, with the test evaporator consisting of three separate heat exchangers: the pre-evaporator, test section and the super-heater. Of the three heat exchangers only the test section was a fluted tube-in-tube heat exchanger with the other two smooth tube-in-tube heat exchangers. The test section was operated in a counter flow configuration with water flowing inside the fluted-tube and the refrigerant flowing in the annulus. The accuracy of the test bench was validated using R22 in a smooth tube-in-tube heat exchanger, resulting in a maximum deviation between the water and the refrigerant heat transfer of 2.5%. After the validation the smooth tube test section was replaced with the fluted-tube section and tested with R22 and R407C. The refrigerant mass flow rates ranged from 0.01 kg/s - 0.03 kg/s. Along with the mass flow rates the heat fluxes were varied from 0.89 kW/m2 - 20.34 kW/m2 and with evaporating pressures set at 4.0, 4.5, 5.0 and 5.5 bar respectively. The maximum deviation between the water heat transfer and the refrigerant heat transfer for all the tests was 2.77% with an overall average deviation of 0.83%. The experimental results for R22 and R407C were evaluated against seven correlations found in the literature consulted: Gungor and Winterton (1986:351), Gungor and Winterton (1 987: l48), Liu and Winterton (1 991 :2759), Pierre (ASHRAE Fundamentals, 1997:4.7), Chen (1963: I), Rousseau et al. (2003:232) and Kattan et al. (1 998c: 156). All the correlations were used as found in the literature, with the exception on the Rousseau et al. (2003:232) correlation. The enhancement factor used in this correlation was adapted to fit the experimental data better. Comparing results of all the correlations, it was found that Rousseau et al. (2003:232), with the adapted enhancement factor, gave the best results for R22 as well as R407C, with the respective average deviations of 12.67% and 3.83% and respective mean deviations of 35.16% and 22.01%. A new correlation was proposed combining the geometric properties of the Rousseau et al. (2003:232) correlation with the boiling heat transfer of the Gungor and Winterton (1 987: 148) correlation. Masters

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