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South Africa: Kwazulu-Natal High Court, Pietermaritzburg
You are here: SAFLII >> Databases >> South Africa: Kwazulu-Natal High Court, Pietermaritzburg >> 2012 >> [2012] ZAKZPHC 2 | Noteup | LawCiteIngonyama Trust v Radebe and Others (9403/2009) [2012] ZAKZPHC 2; [2012] 2 All SA 212 (KZP) (25 January 2012)
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Case No: 9403/2009
In the matter between:
[1] The applicant in its capacity as the registered holder of certain tracts of land for and on behalf of the members of various tribes and communities in the KwaZulu-Natal Province and the registered owner of the properties: Portion 3 of the farm One Tree and Madadeni farm seeks an order in the following terms:
"An order declaring the applicant the only recognised and legal entity, authorised and entitled to grant rights and allocations or permissions in respect of the ownership or occupation and use of land presently registered in its name throughout the Province of KwaZulu-Natal (without in any way derogating from any public law authority's capacity to pass public law measures in respect of the occupation and use of the land);
1.2 The first and second respondents be and they are hereby interdicted and restrained from:
1.2.1 Claiming or holding themselves out to be legally entitled to any land presently registered in the name of the applicant and more especially the following land:
18.104.22.168 Portion 3 of the farm One Tree No 8599, Registration Division HT, province of KwaZulu-Natal, in extent 140, 3856 hectares, held by Deed of Transfer no. T3286/1956; and
18.104.22.168 The farm Madadeni No. 15961, Registration Division HT, Province of KwaZulu-Natal, in extent 2565,0022, previously comprising of certain portions of the farms Drycut, Duck Ponds, Shuttleworth, Botha's Dale and Mair's Camp.
(hereinafter collectively referred to as "the land")
Interfering, directly or indirectly, in any way whatsoever, with the lawful occupiers' use and enjoyment of part of the land being allocated to them by the applicant;
1.2.3 Occupying or cause others to occupy any of the land or portions thereof by purporting to give lawful consent to such occupation;
1.2.4 Dealing with, allocating, granting and / or extending any rights, including the right to graze or purporting to do so in respect of the land or any part thereof.
1.3 The first and second respondents are hereby ordered to pay the costs of this application jointly and severally. The one paying, the other to be absolved;
2. The order in 1.2 above shall operate as interim orders with immediate effect. "
[2] The applicant is the Ingonyama Trust, a corporate statutory body created and established in terms of the provisions of section 2(1) of the KwaZulu-Natal Ingonyama Trust Act, No. 3KZ of 1994 (the Act).
[3] The first respondent is Inkosi B. G Radebe, an adult male Inkosi (traditional leader) of the Amahlubi Traditional Council.
[4] The second respondent is the Amahlubi Traditional Council, a traditional council recognised and established in terms of the Traditional Leadership and Governance Framework Act 41 of 2003 and the KwaZulu-Natal Traditional Leadership and Governance Act 5 of 2005.
[5] The third to sixth respondents are Ubuhlebomzinyathi Community Authority; Minister for Rural Development and Land Reform, Republic of South Africa, Minister responsible for Traditional Affairs, Republic of South Africa and the member of the Executive Council responsible for Local Government and Traditional Affairs in KwaZulu-Natal Province respectively, cited herein for purposes of completeness and any interest they may have in the subject of the litigation and no relief is sought against them.
Factual Background
[6] Prior to constitutional dispensation South Africa was divided and segregated along ethnic and racial lines. Under the Black Land Act No. 27 of 1913 and Development Trust and Land Act No. 18 of 1936, certain land was reserved for Blacks. (See also Lekoma v Dikgole 1947 (2) PHM 45(GW)). The Crown or State owned land was inalienable to persons other than black South Africans, save as was provided for in section 1(2) of the Black Land Act 27 of 1913 and section 18 of the Development Trust and Land Act 18 of 1936. Amongst the areas reserved for black citizens was the homeland of KwaZulu, for the Zulu Nation (the Nation).
[7] The Nation was composed of various tribes under immediate traditional leadership of the Chiefs (Amakhosi) and their headmen (izinduna). At the head of the nation was Ingonyama / Isilo (the King) who was during the colonial era referred to as the Paramount Chief. At the head of each respective tribe was the Chief (Inkosi), under him or her were his or her izinduna, councillors and tribal constables. Below them were the family heads, the kraal heads in colonial parlance. However, Amakhosi and their respective tribes, in turn, owed allegiance to the King.
[8] Though the tribes owed allegiance to the King, they remained autonomous entities with indigenous governance structures known as tribal authorities (now traditional councils). Each tribal authority had a defined area of jurisdiction in respect of the piece of land a particular tribe or community occupied.
[9[ The KwaZulu Homeland had also townships and towns falling under its jurisdiction which did not form part of the tribal arrangement. The apartheid regime from time to time released land in order to expand and consolidate KwaZulu Homeland (Proclamation R232 of 1986, Government Gazette 20. 10560 and Proclamation R26 of Government Gazette 18906). On 24 December 1986 by Proclamation R232 of the Government Gazette no. 10560 the then National Government transferred ownership of vast pieces of land to the Government of KwaZulu. Such land included the farms Duck Ponds and Shuttleworth, referred to in the order sought herein. On 31 March 1992 the National Government also transferred the State land in excess of 30 000 hectares to KwaZulu Government by section 1(d) of Proclamation R28 of Government Gazette 13906.
[10] However, prior to the first democratic elections, on 24 April 1994, in order to ensure certainty and effective control over all the land in KwaZulu Homeland not privately owned or falling under the township or owned by the State the KwaZulu-Natal Ingonyama Trust Act was promulgated.
[11] In terms of section 3 of the Act any land (or real right therein) in which ownership immediately prior to 24 April 1994 vested in or had been acquired by KwaZulu Government, with effect from the 24th of April 1994, became invested in the applicant and it was then transferred to and held in trust by the applicant. The King was appointed the sole trustee of the trust.
[12] However, in order to alleviate administrative burden on the King, the Act was amended by the KwaZulu-Natal Ingonyama Trust Amendment Act no. 9 of 1997. Though in the Amendment Act the King remained the sole trustee, a board known as Ingonyama Trust Board (the board) was established to administer the Trust land and the affairs of the Trust. The board comprises the King as the Chairperson and a number of board members appointed by the Minister after consultation with relevant sole players.
[13] All land which constituted townships and utilised by the State for domestic purposes was excised from the control of the trust and transferred to relevant local municipalities and State departments respectively.
[14] The effect of the amendment was that the land which remained vested in and owned by the applicant fell into one of the two categories: The land which applicant owned and held in trust on behalf of the beneficiaries listed in the schedule to the Amendment Act, represented by various traditional authorities or leaders. The respective land or areas of jurisdiction of the beneficiaries were identified. The remainder of the land whether urban or rural, not connected to any tribe or traditional authority fell under the sole and exclusive control and authority of the applicant.
[15] Owing to the shortage of land some of the tribes were and still are landless. In an effort to address the question of landless tribes or communities, certain traditional authorities or community authorities were created. These were essentially an amalgamation of a number of clans or tribes into one legal entity which would then control and administer the pieces of land released to such authorities. However, such arrangement was not adequate and created resentment amongst the tribes or clans since each tribe or clan wanted to retain its own identity and autonomy and to have an exclusive use of the land.
[16] The first respondent's predecessor in title was subjected to such an arrangement and his clan or tribe was amalgamated with others for the purpose of land use. The second respondent as one of the landless traditional authorities was amalgamated with Ingwe, Khathide and Emalangeni clans, and the third respondent was established.
[17] The third respondent, Ubuhlebomzinyathi Community Authority, was established on 19 October 1970 by Proclamation 1946, Government Gazette no. 4052, for the district of Newcastle and was allocated a specific area of jurisdiction (See also section 5(4) of the repealed KwaZulu Amakhosi and Iziphakanyiswa Act, 9 of 1990).
[18] The third respondent has a very small piece of land over which it exercises jurisdiction. The said piece of land is held by the applicant in trust for the third respondent. The second respondent and other three landless traditional authorities exercise joint jurisdiction over that small piece of land.
[19] The applicant in the exercise of its powers and in the performance of its duties in terms of the Act acquired two pieces of land, namely; portion 3 of the farm One Tree no 8599 in extent of 140,3856 held by the Deed of Transfer no. T3286/1956 and the farm Madadeni no. 15961 in extent of 2565, 0022, held under the Certificate of Consolidate Title no. T41735/2000. The said properties are not being held by the applicant in trust for any recognised traditional authority. In which event in terms of section 3 of the Act the applicant claims the sole and exclusive right to deal with the land in question. The applicant also avers that it has the sole jurisdiction to give rights to the land in question to individuals or groups.
[20] The third respondent's land is surrounded by the said properties, over which the applicant enjoys the unfettered authority. The applicant has allocated portions of the said properties to certain individuals for their exclusive use, and in return for such use and enjoyment the said individuals pay an undisclosed amount of money to the applicant.
[21] The applicant has discovered that the first and second respondents have usurped jurisdiction over the properties in question and given permission to certain individuals or groups of people to occupy the properties in question, and caused certain people to enter upon the applicant's land.
[22] On enquiring the applicant has been informed that all the people who occupy the property without its permission have been authorised by the Induna of the first respondent with the blessing or approval of the first respondent. The first respondent has also allowed his people to graze their livestock on the land in question. Moreover, the first respondent holds himself out to be in charge and control of the properties in question.
[23] According to the applicant the actions and the behaviour of the first and second respondents have resulted in the members of the second respondent intimidating the lawful occupiers of the properties in question.
[24] The first and second respondents have allowed their members to graze their livestock on the property lawfully occupied by one Mr Kubheka and this has resulted in legal proceedings being instituted in the Amahlubi Traditional Court, which does not have jurisdiction in the matter.
[25] A certain Mr Patel has also been authorised by the applicant to occupy a portion of the farm Madadeni as a cattle farmer. However, the first and second respondents have allocated a portion of that farm to one Mr Ndaba. This, has not only interfered with Patel's use and enjoyment of the portion of the farm, but it has also led to him being evicted from the said portion by the Induna of Amahlubi tribe. According to the applicant this has also made it impossible for the applicant to pay rates and taxes in respect of the land in question. The applicant has limited financial resources and in consequence thereof, it derives its income from the rental payable by the people it has granted permission to occupy certain portions of its land. The alleged illegal occupation of the land in question according to the applicant also hampers the water project in the area since its illegal occupants refuse to allow the construction to commence its work on the land they occupy.
[26] The applicant avers that the first and second respondents by their unlawful conduct interfere with its rights in and to land over which it enjoys exclusive authority.
[27] The first and second respondents do not dispute that they allotted land to some people and that they have caused some people to enter upon the properties in question. The respondents purportedly claim ownership of the land in question on the basis, firstly, that the grave of the first respondent's grandfather is located in the disputed area and, secondly, that following such claim the respondents have allegedly lodged an application for the restitution of the land in question with the Land Claims Commissioner.
[28] The dispute between the parties and the alleged respondents` interference with the applicant's sole and exclusive right to the deal with the pieces of land in question have resulted in the order being granted by consent on 9 December 2009 in the following terms:
" 1. The orders in paragraph 1.2 of the notice of motion shall operate as interim orders with immediate effect with orders in paragraph 1.2.3 (save for the last 2 words) and paragraph 1.24 also mutatis mutandisi applying to the Applicant as represented by Mr Ngwenya or any other representative of the trust.
Costs are reserved.
… "
Powers and Functions of Ingonyama Trust vis-a-vis the Recognised Tribe or Traditional Authority
[29] Section 2(2) of the Act provides that the trust shall administer the trust land for the benefit, material welfare and social well-being of the members of the tribes and communities as contemplated in the repealed KwaZulu Amakhosi and Iziphakanyiswa Act 9 of 1990, referred to in the second column of the Schedule, established in the districts referred to in the column of the Schedule and the residents of such districts.
[30] However, section 2(5) of the Act provides:
"The Ingonyama shall not encumber, pledge, lease, alienate or otherwise dispose of any of the said land or any interest or real right in the land; unless he has obtained the prior written consent of the traditional authority or community authority concerned and otherwise than in accordance with the provisions of any applicable law."
Under section 2(8) in the execution of its functions in terms of this section the Trust must not infringe upon any existing rights or interest.
[31] The powers exercised and the functions performed by the Ingonyama Trust in the KwaZulu-Natal tribes and communities date back to the pre-colonial era where the Ingonyama (King) of the Zulus was sovereign over all tribes falling under the Zulu kingdom. Under Zulu Traditional Law and Customs the land occupied by the tribes was theoretically regarded the property of the King; in relation to the tribes he was a trustee holding it for the people, who occupied and used it in subordination to him on communistic principles. However, the land falling under the jurisdiction of a particular tribe was and is administered by the chief (Inkosi) and his izinduna and councillors for the people. An individual must live where he is placed by the Inkosi or his own Induna. See also Report and Proceedings of the Government Commission on Native Law and Customs 1883 (Cape) (G4 of 1883), section 108 p40; (1903) Commission , section 143 p 26 ; AJ Kerr: The Customary Law of Immovable Property and of Succession; Schapera , Land Tenure 114 .
[32] However, during the colonial era the Governor, Governor-General and later the President of the Republic of South Africa respectively substituted the King as the Supreme Chief of all the tribes in Natal and Zululand. See section 7 of Native Law 44 of 1871; Native Law 19 of 1891, Natal code of Native Law 1932 and Proclamation No. R195, 1967 (Natal Code of Bantu Law).
[33] The Governor of the Colony of Natal as Supreme Chief assumed the role, exercised the powers and performed the functions of the King over the tribes in the colony. Section 2 of the Natal Code of Native Law 1932 granted the Governor – General as Supreme Chief in respect of the Natives in the Province of Natal authority to exercise and enjoy all powers, authorities, functions, immunities and privileges which according to the laws, customs and usages of natives were exercised and enjoyed by any Supreme Chief or Paramount Native Chief.
[34] The powers, authorities, duties, rights and privileges of the chiefs (amakhosi) and headmen (izinduna) were then prescribed in the Act. In fact they were curtailed and most matters fell under the exclusive jurisdiction of the Commissioner's Court. Amakhosi were subjected to and made answerable to the Native Commissioner for all their actions. They had to perform certain acts only with the approval of the Native Commissioner. See Black Administration Act 38 of 1927; Proclamation R168 of 193.and KwaZulu Chiefs` and Headmen's Act 8 of 1974.
[35] In Proclamation No. R195 of 1967 (Natal Code of Bantu Law) the State President substituted the Governor-General as the Supreme Chief and was granted authority in respect of the Bantu in the Province of Natal to exercise and enjoy all powers, authorities, functions, rights, immunities and privileges which according to the laws, customs and usages of Bantu are exercised and enjoyed by any Paramount Chief.
[36] Although the State had taken the place of the King, this did not make it either the owner of the land in customary law or a trustee in the law of property, or an owner in South African Law. See also Report of the South African Native Affairs Commission 1903-1905 (Commission) section 81 p 14.
[37] Instead, the South African Development Trust, described as "a corporate body" in section 4(1) of the Development Trust and Land Act No. 18 of 1936, and in respect of which the State President delegated his powers and functions to the Minister was a trustee. The land vested in the Trust was held for the exclusive use and benefit of natives. The Governor –General or the State President had power to make regulations providing for the allocation of land held by the Trust for the purposes of residence, cultivation, pasturage and commonage.
[38] However, when KwaZulu Homeland became a self governing state all the tribes fell under the jurisdiction and control of KwaZulu Government. Section 3(1) (a) (b) of the Act provides:
"(1) notwithstanding the provisions of section 2 of the KwaZulu Land Affairs Act, 1992 (Act 11 of 1992), or any other law-
Any land or real right therein of which the ownership immediately prior to the date of commencement of this Act vested in or had been acquired by the Government of KwaZulu shall hereby vest in and be transferred to and shall be held in trust by the Ingonyama as trustee of the Ingonyama Trust referred to in section 2(1) for and on behalf of the members of the tribes and communities and residents referred to in section 2(2).
Any functions which, in respect of land or any real right therein, were performed by a department of the Government of KwaZulu in terms of law immediately before the date of commencement of this Act shall be performed by the national or provincial government department succeeding such KwaZulu department in terms of the constitution."
[39] In terms of section 3(2) (a) (b) the land contemplated in sub section (1) is the land which fell under the area of jurisdiction of the Legislative Assembly of KwaZulu as contemplated in the Self-Governing Territories Constitution Act, 1971 (Act 21 of 1971), and the land acquired under Proclamation R232 of 1986 and Proclamation R28 of 1992 or any other law.
[40] In terms of section 2(4) the Trust must deal with the land referred to in section 3(1) in accordance with Zulu indigenous law or any applicable law. Under Traditional Law and Customs the land occupied by a particular tribe is administered and held in trust by the Inkosi and his or her izinduna for the benefit of the members of the tribe or community concerned. Each family head has the right to be allotted a family home site, arable land and the right to graze his livestock on the pasture-lands. The land is allotted to an individual without requiring any return in the nature of a purchase price. Individuals' holding of a portion of the land, is inviolable and inheritable. See also Macleans' Compendium of Kafir Laws and Customs (106) p.152; Krige 176 and Bekker; Seymour's Customary Law in Southern Africa 5th Ed p 50. See 1883 Commission 2076 p 122 , AJ Kerr The Customary Law of immovable Property and of Succession , 3rd edition p 29; Schapera, Handbook, 196-7.
[41] An individual coming into another tribe, obtains permission to settle from the head of the homestead in which he settles. The head of the homestead in turn obtains the permission from the Induna of the ward. See also Macleans 123.
[42] When a man enters into marriage in a tribal land and requires land he usually chooses a suitable unoccupied portion and asks his prospective neighbours or the Induna of the area if he may take it. Alternatively, he may approach the Inkosi who would then consult the Induna of the area concerned. See also 1883 Commission 7100/1395. The Inkosi`s right is a power to allot unallotted land and not a right to enjoy the use of allotted land or to take the fruits thereof. Similarly, the Induna has administrative duties in regard to land, not rights of ownership in land allotted to others .However, he has individual's rights in the portion allotted to himself on the same basis as everyone else.
[43] In respect of the trust land connected to a particular tribe or traditional authority the Act enjoins the Trust to exercise any of the incidents of ownership in respect of such land with the concurrence of the traditional authority concerned. Likewise, the traditional authority concerned is not entitled to alienate the trust land without the permission of the Trust. If the land has been alienated by the traditional authority concerned, for such an act to become complete legal, the Trust must have been given permission. This shows that neither the Trust nor the traditional authority concerned has an exclusive right and control of the land connected to a particular recognised traditional authority.
[44] Though the powers to exercise the incidents of ownership in respect of the trust land theoretically resides with the Trust, under customary law and practice the Inkosi of the tribe concerned and Induna (being in charge of an administrative unit (the ward) still retains the powers to administer the land, control its use and to allot portions to members of his tribe and of the ward respectively as residential, arable and grazing land. Thus individuals wanting land on which to build a house, church, store or school or on which to grow crops may have to approach the Induna of the ward or Inkosi of the tribe to which they are attached. In a settled area the head of the family or homestead obtains permission from the Induna to occupy the site he chooses. See also Schapera: Handbook P197-8 and Reader Zulu Tribe in Transition 65; Ker at p 45; Schapera Land Tenure p 28.
[45] The members of the tribe or ward possess the right to use and occupy trust land in accordance with the traditional law and customs. The same pattern of powers and rights is replicated in the context of the word, "family "; all land is controlled by the head of the unit, who may only allot it to individual applicants with the sanction of the members of the family concerned. See Lekoma case, supra.
[46] Every member of a ward has access to its common resources, in particular to pasture, but also to wood (for building and fuel) grass and reeds (for thatching and weaving) clay (for pottery) and edible fruits and plants. Similarly, natural sources of water are available to all members of the unit. See Schapera Handbook p211-13.
[47] The trust is obliged to exercise any of the incidents of ownership in respect of the trust land connected to a particular recognised tribe or traditional authority with the concurrence of the tribe or traditional authority concerned. Such connection must in terms of section 3(4) of the Act be endorsed in the title deed of the trust land in question. The Registrar must endorse the title deed concerned to the effect that the land in question vests in the Trust for and on behalf of the members of the said tribe, the community or residents and the Registrar must also in terms of the Deeds Registries Act, 47 of 1937 make the necessary entries in his or her register in that regard. Thereupon, the title deed shall serve as proof that the land is held in trust for the said tribe, community or residents.
[48] In the present case the perusal of the title deeds, annexure "SN1- SN4" in respect of the disputed properties does not show any endorsement envisaged in section 3(4) of the Act. This provides sufficient proof that the land in question is not held in trust for the benefit of any tribe, community or residents. The land should therefore not be dealt with under customary law and traditions. See also Dodo v Sabasaba 1945 NAC (C&O) 62 at 63; Umvovo v Umvovo 1952 NAC 80 (5) at 83.
[49] Where the land is registered in the name of the Trust in the Deeds Office and not connected to any tribe or traditional authority the Trust is entitled to deal with it under the common law and it has the sole and exclusive right to deal with such land.
[50] Section 6(7) of KwaZulu- Natal Traditional Leadership and Governance Act 5 of 2005 provides that if the Premier is satisfied that the provisions relating to the formation of the Traditional Council have been fulfilled, must by notice in the Gazette recognise the traditional council concerned and determine its area of jurisdiction. The recognition certificate thereof is also issued.
[51] No evidence has been tendered by the respondents that the second respondent has been so recognised and allocated any specific piece of land, and that the certificate has been issued thereof. However, it is not in dispute that only the third respondent has been recognised and registered as such and allocated a piece of land, whose land is not in dispute.
[52] Since the applicant is not holding the land in question on behalf of any tribe or community or residents, it does not need a prior written approval of any traditional authority or community authority to deal with the land in question. It, therefore, follows that the Trust only enjoys the sole and exclusive right to deal with the land registered in its name and not apportioned to any particular tribe or community.
[53] As shown above, the Trust does not enjoy sole and exclusive control and authority over the land connected to a particular traditional authority or community or residents and as a consequence, it cannot be said to be the only recognised and legal entity authorised and entitled to grant rights and allocations or permissions in respect of the ownership or occupation and use of land registered in its name throughout the Province of KwaZulu-Natal. In the case of the trust land held for the benefit of a particular tribe or community, the Trust's rights are fettered by the requirement that before exercising any of the incidents of ownership in respect of the said land it must first obtain a prior written consent of the tribe or traditional authority or community authority concerned. In addition, under customary law and traditions the Inkosi of the tribe and Induna of the ward respectively (being in charge of the administration of the tribe and the ward) still retain powers to allot family sites, arable land and the right to graze livestock on the pasture lands to members of the tribe or ward concerned. I, accordingly, come to the inevitable conclusion that the applicant has failed to show on the balance of probabilities that it is entitled to a declarator it seeks under prayer 1.1 of the Notice of Motion, in such broad terms.
[54] In the premises, I agree with Mr Choudree for the respondents that the granting of the declarator sought by the applicant in such broad terms will not only relate to the trust land registered in its name and not held for the benefit of a particular recognised tribe or traditional authority, but it will also affect the trust land connected to recognised tribes and traditional authorities. If that was intended, all the traditional authorities whose land is held in trust for their benefit by the applicant ought to have been joined in the proceedings.
[55] The granting of the order which tends to extend the applicant's exclusive right , control and jurisdiction in the trust land to trust land connected to recognised tribes will, in my view, impact negatively on the rights and powers of the traditional authorities or community authorities under the provisions of the Act. Further, it will detract from the powers and functions of Amakhosi and Izinduna under customary law and traditions to allot residential, arable and grazing land to members of their tribes and wards respectively. It therefore follows that the granting of the order sought in prayer 1.1 of the Notice of Motion in the proposed form will only serve to frustrate the administration, control and use of the trust land connected to recognised traditional authorities or community authorities under customary law and practice by such authorities to their prejudice. Though the applicant has not made a case for the declarator sought, I am not inclined to award the respondents costs on the ground that they have through their actions and conduct forced the applicant to lodge this application for all the reliefs sought in the Notice of Motion.
[56] The first and second respondents do not deny that they have purported to exercise some rights of ownership in respect of the properties over which the applicant enjoys exclusive right, control and jurisdiction.
[57] Notwithstanding all this, the first and second respondents have not shown that any legislation or proclamation or any other law grants them the authority to deal with the land in question. However, Mr Choudree for the respondents has strenuously argued that the presence of the graves of the forefathers of the first respondent on the disputed land strongly suggests that the respondents have some historical connection to the land in question. However, no such allegation is made in the respondents' papers.
[58] The respondents have glibly stated in their papers that the grave of the first respondent's grandfather lies on one of the pieces of land in question without providing any concrete proof thereof. Accordingly, the respondents have not sufficiently established that the land in question represents the link between the past, the present and the future of their tribe in that the ancestors of the members of the tribe including of the first respondent lie buried there and that the children of the members of the tribe and of the first respondent are and will be born on the land in question.
[59] Nor has any evidence been tendered to prove that the tribe had at any stage after the 19th of June 1913 been dispossessed of the land in question on racial grounds, and that the said land had been resituated to the second respondent in terms of the Restitution of Land Rights Act, 22 of 1994. This could have entitled the first and second respondents to exercise incidents of ownership in respect of the land in question.
[60] In the circumstances, the respondents have failed to establish any legal right which grants them authority to control and allot the land in question. It has been argued on behalf of the respondents that since the land in question belongs to the King they have acted under delegated authority to control and allot it. This submission creates a false impression that every traditional authority or community authority whose land adjoins the trust land is entitled to control and allot the trust land to individuals and to allow people to enter thereupon simply because it belongs to the King. The respondents have not proved the alleged delegated authority. Under traditional law and customs for the respondents to administer and control the land in question, they must prove that it belongs or has lawfully been allocated to the second respondent or to the first respondent's predecessors in title.
[61] In the premises, I am satisfied that the applicant has succeeded to prove that it has an exclusive right to exercise the incidents of ownership in respect of the trust land in question. It has also proved that the respondents` continued unlawful control and use of the land in question causes it irreparable harm and that it has no other remedy but to approach this Court for a relief.
[62] Order
The declaratory order sought in prayer 1.1 of the Notice of Motion is dismissed;
The rule nisi granted by this Court in terms of the prayers 1.2, 1.2.3 and 1.2.4 on December 2009 against the first and second respondents is confirmed;
The rule nisi granted by this Court against the applicant on 9 December 2009 in terms of prayer 1.2.4 is discharged
The first and second respondents are ordered to pay the costs of this application jointly and severally, the one paying the other will be absolved. Such costs to include any reserved costs.
Date Judgment reserved on: 5 December 2011
Date Judgment delivered on: 25 January 2012
Counsel for Applicant: Adv Kemp SC / Crots
Instructed by: NGWENYA & ZWABE INC
C/O Yashica Chetty Attorneys
REF: Mr Zwane
Counsel for Respondent: Choudree SC
Instructed by: STATE ATTORNEY
C/O Cajee Setsubi Chetty Inc.
REF: A Essa / ND


text:
Instead of students carrying around an armful of books at Central Middle School in Whiteville, they can do all their studies in one place, on their Apple laptop computer.
Columbus County is, for the most part, pretty rural. Central Middle Principal Fred Hill said, "One of the disadvantages that are students have is that we are part of a rural area and once they go out into looking at the different colleges, is they're going to have to compete with those in urban, bigger schools with bigger funding, more funding. And with that, I felt like if we bring this school into the 21st century concept, that will allow our students to be competitive with those of the urban area also."
With the help of the federal government, every sixth grader now has their own laptop.
Mr. Hill explained, "Part of our mission statement is to make sure our students can compete globally. Not just locally, but globally, and again with the access to the internet and research sites through the internet, our students can compete globally, and we're prepared enough for that."
They lease the computer for the entire school year for $75.
Central sixth grader Spencer Roberson said, "We have most of our text books on here, so instead of having to take a whole bunch of text books home, we can just take our laptop home."
When summer rolls around, they will return the computer to the school to be refurbished and updated. In August, the kids will get them back, and the new sixth grade class will get new laptops.
Within three years, Principal Fred Hill hopes all middle school students will have a computer. He said they started with the six graders so they'd be well prepared for high school.
The seventh and eighth graders are a bit jealous, but they'll have their shot soon. Whiteville High hopes to have laptops for its students in the near future.


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EarthQuaker Devices' Sea Machine provides control over parameters rarely seen in a chorus.
Check out Satriani's custom JS25ART guitars — and every current Satch signature Ibanez.
Squeaks, squeals, sirens, freak-outs, elephant sounds and much more!
Check out Guitar World's guide to the Fab 50 — the Beatles' 50 finest guitar moments!
Who else but the Louisville Leopard Percussionists could so successfully translate Led Zeppelin into a xylophone-and-marimba opus? The video below shows a rehearsal session for the group, all of whom are between the ages of 7 to 12. In fluid succession, they cover "Immigrant Song," "The Ocean" and "Kashmir."
Guitar World celebrates the 30 albums and players that pushed the speed limit and defined shred over three eras of guitar-playing madness.
No, this May 2012 video is not new. But, as is often the case, it happens to be new to me; I found it in my inbox over the weekend—and I didn't mind it.
Jimmy Page and Chris Cornell Talk Led Zeppelin on Stage at Guitar World EventTo celebrate the release of Jimmy Page's lavish new photo book, Jimmy Page by Jimmy Page, the guitar legend appeared with Chris Cornell, guitarist and singer for Soundgarden, at the Theater at Ace Hotel in downtown Los Angeles for a relaxed question-and-answer session that spanned the entirety of Page's 50-year career.
This guitar-centric video comes to us courtesy of the Los Angeles Times.
In this article I'd like to acquaint you with some great slide licks I like to play in open A tuning. These riffs and runs are super versatile – you can use them to hop up your own blues pieces, employ them as solos in a classic blues song or even just entertain yourself with them on a back porch in the middle of a scorching heat wave.
These videos and audio files are bonus content related to the March 2015 issue of Guitar World. For the full range of interviews, features, tabs and more, pick up the new issue on newsstands now or at the Guitar World Online Store.
Some have tried playing the guitar with their teeth, behind their back, with their feet, etc. And then there was the inventive guitarist who, many decades ago, decided to slip a bottle over his finger and slide it along his guitar's strings (He probably emptied the bottle himself, if you know what I mean).
Over the Oscars- (and snow-) filled weekend, Dream Theater guitarist John Petrucci made his debut appearance on That Metal Show. You can check out a pro-shot clip of Petrucci's shred-packed performance, a highlight of the series' Season 14 debut episode, below.
Sony Music Entertainment and Legacy Recordings have signed Steve Vai to a new multi-album agreement that includes plans to issue two new Vai sets in 2015, beginning with Stillness in Motion: Vai Live in L.A. on April 7. The 2CD/2DVD was recorded October 12, 2012, at Club Nokia in Los Angeles. It was the 49th show from Vai's Story of Light World Tour.
Buy it now! Now on the iPad


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Your #lovecapetown weekend: What's on from Friday 6 March to Sunday 7 March, 2015
Rob Peters
Two bike rides this weekend - one with clothes, one without - cocktail specials at The Waterfront and a concert at Spier! It's another big weekend in the Mother City! -
Cape Town Cycle Tour 2015: Road Closures
Rob Peters
This weekend around 35 000 cyclists will take part in the Cape Town Cycle Tour. Due to the fires raging in Cape Town, organisers have been forced to shorten and rework the route. We bring you all the road closures in effect this weekend. -
11 spots you can carbo-load at before The Argus Cycle Tour
Rob Peters
The Cape Town Cycle Tour may have been cut to 47km, but there is nothing stopping you loading up on on some much-needed fuel before taking on the historic ride this year. Check out these 11 carb-friendly spots in the Mother City! -
Cape Town Cycle Tour cuts route to 47km
The Cape Town Cycle Tour announced on Wednesday that the route would be dramatically cut as a result of the fires raging across the Southern Peninsula. Cycle Tour Director David Bellair said that the decision had not been taken lightly and that it was done so with the safety of the race's participants in mind.
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5 Epic Images that will make you want to stay at the Southern Sun Waterfront
By now you all know I've got a thing for amazing mini-breakaways in #lovecapetown… if it's got a cool pool, delicious buffet, soft beds and breath-taking views, I'll stay there. That's exactly what the newly renovated Southern Sun Waterfront hotel on the Foreshore offers and it's amazing!
Your #lovecapetown weekend:What's on from Friday 31 October to Sunday 2 November, 2014
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5 Super Cool Summer Productions to see in Cape Town
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Hello, #lovecapetown! Your awesome weekend is on its way!
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Let's hear it for the weekend, #lovecapetown!
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Gundam Mod 3.1 *FINAL*
Apr 3, 2009 Full Version 70 commentsThis is the FINAL VERSION of the Mobile Suit Gundam 0079-0083 mod for Homeworld 2. all bugs reported have pretty much been fixed. the sides are balanced...
Homeworld 2 UC Gundam Mod 3.0, 0079-0083.
The war between Earth Federation and Principality of Zeon has begun. It's now your chance to decide which side to join, develop your fleet, and destroy your enemies. By using the most space weapon, the Mobile Suits, your enemies will be crushed.
From original Gundam to Stardust Memory, One Year War to Operation Stardust. It's the first and the only chance to command your MS squard in full 3D space battle. There are also some secret units to be discovered.
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This is the FINAL VERSION of the Mobile Suit Gundam 0079-0083 mod for Homeworld 2. all bugs reported have pretty much been fixed. the sides are balanced...
This is the BRAND NEW 3.0 release of this mod! this time the original 2 races are gone, but there is several new features with the Federation and Zeon...
This is the latest version of the gundam mod, AI IS FINALLY HERE!!! and a new Mobile Armor has been added to zeon, the bygro. So have fun!
There's no one continued this mod ?
i really love this mod ever well i wish to see after UC 0096
Anyplans to make sure this mod stays compatible with the future Gearbox release?
i love this mod.but it's better u mix it with vaygr and hiigaran..and put Ru injection on it.so perfect!
You need to do ALL research for some mechs e.g. Gundam Mk-II, it comes with Super Gundam equipment - you can transform it between normal Mk-II or Super Gundam with sub-system.
Hm. All the English patch files are down. Anyone want to upload them, if you have them? It would be much appreciated.
Awesome mod, really impressed how you've managed to create Gundam with fully moving parts. I thought they would just be static models... boy, was I wrong! Good work!
Still trying to get it to work in English though. Right now all the units are simply named numbers, and I have no idea the research requirements of a lot of the units.
Add the following commands to your HW2 shortcut: -mod GUNDAM_MOD3.1.big,GUNDAM_MOD3.1CN_English.big -w 1366 -h 768
In that way you don't need to start the game with the .BAT file provided by CQD.
MOVE THE FILE "GUNDAM_MOD3.1CN_English.big" INTO YOUR DATA FOLDER FIRST, otherwise the Chinese UI won't work.
Notice that "GUNDAM_MOD3.1CN_English.big" will change the game UI language into Traditional Chinese, so it is not recommended for players who do not understand Chinese (simply remove it from your command line).
About the "-w 1366 -h 768", it is optional if you have a 16:9 monitor. The resolution can be set as your desired numbers (like -w 1920 -h 1080 and so on).
This is written to people who are new to HW2 mods, so you can understand how to play HW2 in higher resolution. Cheers and be a top-notch fleet commander! ;)
RX-78 Gundam GP-02A can kill carrier in one shot... with atomic bombardment. Try to reach that far so you can toss the Earth Federation Strike Forces!
I tried doing "Add the following commands to your HW2 shortcut: -mod GUNDAM_MOD3.1.big,GUNDAM_MOD3.1CN_English.big -w 1366 -h 768" but it doesn't work it just launches to the vanilla game.
Don't know why it doesn't work because I have done that with other HW mods and they have worked.
Now the .BAT file does work but I want my game to run at 1080p and not at 800p
Promote Gundam Mod on your homepage or blog by selecting a button and using the embed code provided (more).


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Song of Unmaking
Chapter 1
he sky was raining stars.
Euan Rohe lay in the frozen sedge. The river gleamed below, solid with ice from bank to bank. The brighter stars reflected in it as they fell, streaks of gold and white and pallid green.
He was dizzy with cold and hunger and long running--and there were the damned imperials, yet again, between him and his hope of escape. Though winter had set in early and hard, the border was crawling with them. Every ford, every possible crossing was guarded.
For days Euan had been struggling along the river, while the hunting grew more and more scant, and the cold set in deep and hard. He was ready to swear that the emperor's patrols were waiting for him, even herding him, driving him farther and farther downriver. His own country seemed to mock him, rising in steep slopes black with pine and white with snow, so near he could almost reach out and touch, but impossibly, unreachably far.
He could appreciate irony. He had come out of the heart of the empire, a big redheaded man in a world of little dark people, with a price on his head and a cry of treason that echoed still, months after his stroke against the emperor had failed--and none of the emperor's hounds had been able to find him. But then, why would they trouble themselves? All they had to do was close the border.
He was trapped like a bear in a pit. They would herd him all the way down to the sea, then corner him on the sand--or they would catch him much sooner, when cold and starvation and sheer snarling frustration made him drop his guard.
Maybe he would die and cheat them of their revenge. They could do what they liked with his corpse, he would not be using it any longer. Even soft imperials might turn savage toward the man who had reduced their emperor to impotence, disrupted their holy Dance, and come near to destroying their herd of horse mages.
His lips drew back from his teeth when he thought of those stiff-necked fools with their overweening arrogance and their worship of fat white horses. A fair few of them were dead, and good riddance, too.
One of them was not, and that might be good, or it might be very, very bad. If he closed his eyes, he could see her face. Every line of it was burned in his memory, just as he had seen her in that last, desperate meeting. Black hair in tousled curls, smooth rounded cheeks and firm chin, and eyes both brown and green, flecked with gold. She was bruised, filthy, staggering, with one arm hanging limp--but she held his life in her one good hand.
She could have killed him. He would have bared his throat for the knife. He could have killed her--and by the One God, truly he should, because she had betrayed him and broken her word and brought down the whole edifice of his plot against her empire.
She had let him go. And he had let her live. Because of her, he had failed, but also because of her, he had escaped.
That might have been no mercy. He had won through to the border, but the border was closed. The emperor's legionaries would do her killing for her.
Twenty of them camped now between him and the river. He was not getting across tonight.
His belly griped with hunger. He did his best to ignore it. There were no villages or farmsteads within a day's hard slog--more than that for a man as worn down as he was. The last rabbit he had managed to snare was long since eaten, down to the hide and sinew. He would be starting in on his boots next, unless he went mad and tried to raid the patrol's stores.
Maybe that was not so mad. Most of the patrol were asleep. Their sentries were vigilant--and well hidden--but he knew where each of them was.
There was a light in the captain's tent, but no movement. Probably the man had fallen asleep over his dispatches.
Euan gathered what strength he had. He had to do it soon or he would freeze where he lay. Slip in, snatch what he could, slip out and across the river. He could do that.
He could die, too, but he would die if he stayed where he was. Die doing something or die doing nothing--that was not a choice he found difficult.
He flexed his stiffened fingers and rose to a crouch. He had to stop then until the world stopped spinning. He drew deep breaths, though the air burned his lungs with cold.
When he was as steady as he was going to get, he crept forward through the sedge. The moonlight was very bright, and its color was strange--as if the moon had turned to fire.
The hairs of his nape stood on end. He flung himself flat, just as the fire came down.
It struck with a roar that consumed everything there was. The earth heaved under him. A blast of heat shocked him, then a squall of scalding rain. He gagged on the reek of hot metal.
He lay blinded, deafened, and soaked through all his layers of rags and leather and furs. His skin stung with burns. For a long while he simply lay, clinging to the earth that had gone mercifully still again.
He suspected that he might be dead. Every account of the One God's hell told of fire and darkness, heat and cold together, and the screams of the damned rising to such a pitch that the ears were pummeled into silence.
If he was dead, then the dead could feel bodily pain. Shakily he lifted himself to his elbows.
The sky was still raining stars. The river's gleam was dulled--spattered with earth and mud and fragments that must be ash. The camp was a smoldering ruin.
All the horses were dead or dying, and the men were down in the ashes of their tents, writhing in agony or else terribly still. Even Euan's dulled ears could hear the screams of the wounded--and from the sound, those wounds were mortal. The tents were shredded or, on the upriver side, completely gone. The earth gaped where they had been.
Euan's clothes had been a mass of tatters even before the fire came down. What was fabric was scorched and what was fur was singed, but most of it was intact. Snow and sedge between them had protected him.
He bowed to the strength of the One God who had hurled a star out of the sky to defend His worshipper. He only had to hope that there was enough of him left to make it across the river--and enough provisions left in the camp to feed him before he went.
If nothing else, he could feast on horsemeat. There would be a certain pleasure in that, considering how the imperials worshipped the beasts. He staggered erect and made his wobbling way down the hill to the remains of the camp.
None of the legionaries had escaped. Those few who had not died outright, Euan put out of their misery.
The stink of roasted meat made his stomach churn. When he sliced off a bit from a horse's haunch, he found he could not eat it. He put it away thriftily in his traveling bag, then tried to forget he had it.
There was bread in the ashes of one of the fires on the camp's edge. It was well baked and savory--a miracle of sorts. He disciplined himself to eat it in small bites, well spaced apart to spare his too long deprived stomach, as he prowled the ruins.
The blasted pit was still smoldering. Every grain of sense shouted at him to stay far away, but he could not make himself listen. It was as if a spell drew him to the place where the star had fallen.
Amid the embers and ash in the heart of the pit, something gleamed. It was absolute stupidity, but he found a way down the crumbling sides into the new-made and intoxicatingly warm bowl.
The star lay in the center in a bed of ash. In spite of the light he had seen, it was dark, lumpen and unlovely, an irregular black stone half the size of his clenched fist.
The heat of its fall was still in it. But he had a firepot, stolen from a trader outside a town whose name he had never troubled to learn, and it was just large enough to hold the starstone.
The thing was shockingly heavy. He almost dropped the pot, but he caught it just in time. The weight of the heavens was in it.
It was much harder to climb out of the pit than it had been to go down into it. The sides were steep and slippery with mud and melting ice. Euan came dangerously close to surrendering--to sliding back to the bottom and lying there until death or daylight took him.
In the end it was not courage that got him out. It was pride. However he wanted to be remembered, it was not as the prince of the Caletanni who gave up and died in a hole.
He lay on the edge, plastered with mud and gasping for breath. He had no memory of the climb, but his arms and legs were aching and his fingers stung.
Gingerly he rolled onto his back. The stars had stopped falling.
The one in his bag weighed him down as he rose. Wisdom or even prudence might have persuaded him to drop it, but he had paid too dearly for it already. He stood as straight as he could under it.
There was still food to find and a river to cross. He scavenged a bag of flour that had been shielded by a legionary's body, a wheel of cheese that was only half melted, two more loaves of bread that had been baking under stones and so were preserved from destruction, and a jar of thick, sweet imperial wine. There was more, but all the horses were dead and that was as much as he could carry.
He stopped to eat a little bread and nibble a bit of cheese. Near where he was sitting, the captain's tent still stood, scorched and tattered but upright. The captain had come out when the fire fell--his body lay sprawled in front of the flap, crisped and charred, with the marks of rank still gleaming on his coat.
Inside the tent, something moved.
Euan sat perfectly still. It was only the wind. But if that was so, then the wind blew nowhere else. The night was calm. Even the moon seemed to be holding its breath.
A shape rose up out of the ashes. It was clothed in a glimmering garment, like something spun out of moonlight. When it stood upright, it stretched long arms and groaned, shaking off a scattering of ash and cooling embers.
The shimmer tore and slid away like the caul from a newborn calf. A man stood in the ashes, whole and unharmed, and turned glittering eyes on Euan. "You're late," he said.
The Mountain's Call
Chapter 1
he Mountain floated over the long roll of field and forest. Even in summer its peak was white with snow. In early spring, when the grass had begun to grow green in the valleys, its summit was locked in winter. There was a fire of magic in its heart, welling up from the deep roots of the earth. It bubbled like a spring from the white fang of the peak, and rippled in waves through the vault of heaven. The tides of time began to swirl and shift.
In the citadel on the Mountain's knees, the Master of the Schools of Peace and War woke from a stranger dream than most. He stumbled from bed, flung open the shutters, and peered up at the glow of dawn on the snowbound slopes.
Every spring the power rose; every spring the Mountain's Call went out, summoning young men to the testing. Every spring and summer they came, straggling in from the far reaches of Aurelia's empire, coming to claim the magic that they hoped was theirs. White magic, stallion magic. Magic of time and the gods.
This year's Call was different. How it was different, or what it portended, the Master could not tell. The gods in their pastures, cropping the new green grass, would not answer when he asked. The Ladies in the high valleys, greater than gods, chose not to acknowledge him at all.
This was a mystery, that silence said. Even the Master of the school must wait and see, and hope that when the answer came, it would be one that he could accept.
Valeria had been walking in a fog for days. Sometimes she wondered if she was ill. Other times, she was sure that she was losing her mind.
There was a voice in her head. It called to her with the sound of wind through pines. It whispered in the hollows of her skull.
Come. Come to me.
She staggered on the path to the widow Rufo's house. Her mother's hand gripped her wrist and wrenched her upright.
The pain helped Valeria to focus. It was harder every day. Sometimes now she could barely see. She had to struggle to hear what people said to her. She thought she might be losing her grip altogether, except that there was a deep sense of rightness to it. She was meant to hear this call. She was meant to go--
"Valeria!" Her mother's voice cut through the fog of confusion. She blinked half-wittedly. She was standing in the widow Rufo's cottage. Her head just missed brushing the roofbeam.
"Valeria," her mother said. "Start brewing the tea."
Valeria's hands knew what to do even when her wits were drifting away toward gods knew where. She dipped water from the barrel by the door and poured it into the kettle, then set it to boil on the hearth. The fire had burned too low. She whispered a Word. The banked logs burst into flame.
The widow Rufo's breath rattled. Morag spread a paste of pungent herbs over the bony chest and covered it with soft cloths. Herbs just as pungent steeped in the boiling water, brewing into tea. When it was strong enough, Morag coaxed it into her sip by sip.
Valeria squatted by the fire. It was full of visions. White mountains. White clouds. The toss of a white mane, and a noble head on a proud arched neck, turning to fix her with an eye as dark as deep water. The depths of it were full of stars.
, said the white god.
Come to me.
"She's getting worse."
Valeria lay in the wide bed with her three younger sisters. She was the innermost, with Caia's warmth on one side and the chill of the wall on the other. Her sisters were snoring on three different notes. They almost drowned out the murmur of their mother's voice on the other side of the wall.
"She can barely keep her mind on her work," Morag went on. "She started to say a birthing spell over Edwy's burned hand this morning--thanks to Sun and Moon I caught her in time, or he'd have sprouted a crop of new fingers."
Her father's laughter rumbled through the wall. Morag slapped him. He grunted. "There now," he said in his deep voice, roughened from years of bellowing orders on battlefields. "What was that for?"
"You know perfectly well what for," Morag said sharply. "Our daughter is losing her mind."
"If she were a boy," Titus said, "I'd be thinking it was the Call. I saw it a time or two when I was in the legion. One of the youngest recruits would get up one fine spring morning with his eyes all strange, pick up his kit and walk out of the barracks, and no one with any sense would try to stop him. Our girl's just about the same age as they were, and gods know she has a way with animals. Horses follow her like puppies. The way she taught the goat to dance--"
"She is not a boy," said Morag. "This is a spring sickness. There's magic in it, she stinks of it, but it is not--"
"What if it is?"
"It can't be," Morag said flatly. "Women aren't Called. She has a good deal more magic than she knows what to do with, and it's laid her open to some contagion off the mountains." Titus grunted the way he did when he was not minded to argue with his wife, but neither was he inclined to agree with her. "You'd better cure her, then, if she's as sick as that."
"I'll cure her," said Morag. Her tone was grim. "You go in the morning, husband, and talk to Aengus. She likes that son of his well enough. There's time to make it a double wedding."
"I'm not sure--" said Titus.
"Do it," Morag said with a snap like a door shutting.
That was all they said that night. Valeria lay very still, trying not to touch either Caia or the wall. Caia would not be pleased at all, not after she had bragged to everyone about being the first of all four sisters to marry. She was a year younger than Valeria and the beauty of the family. Their father had not had to go begging for a husband for that one. Wellin Smith had asked for her.
Aengus' son Donn was unlikely to refuse Titus' eldest daughter. He had been trailing after Valeria since they were both in short tunics. He had an attractive face and decent conversation, and a little magic, which was useful in his father's mill. He could offer his wife a good inheritance and a comfortable living, even a maid if she wanted one.
It was a good match. Valeria should be happy. Her mother would cure her of these dreams and fancies. She would marry a man she rather liked, give him children, and continue with her education in herb-healing and earth magic. When the time came, she would inherit her mother's place in the village, and be a wisewoman.
That was the life she was born to. It was better than most young women could hope for.
She was ill, that was all, as her mother had said. Because it was spring and she was coming to her sixteenth summer, and because she had listened hungrily all her life to stories of the Call and the white gods and the school on the Mountain, she had deluded herself into thinking that this bout of brain fever was something more. That was why she was dreaming in broad daylight and stumbling over her own feet, and feeling ever more strongly that she should take whatever she could carry and run away. She could not possibly be hearing the Call that had never come to a woman in all the years that it had been ringing through the planes of the aether.
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© '04 Judith Tarr
Thursday May 11 2006


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We do our best to keep the DMV hours and days of operation up to date. These can change frequently, We suggest confirming with your local office before your visit.
Soda Springs License Office of Soda Springs, Idaho
475 E 2nd S
Soda Springs, ID 83276
DMV Phone Number
(208) 547-0252
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BMV Locations near Soda Springs License Office
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Dave Hershey [Computer Engineer]
Dave is an experienced software developer and embedded systems designer. He has an affinity for cutting-edge technology and thrives on the challenges presented by new product development. Dave received a BS in Computer Engineering with a focus on embedded software from the University of Maryland.
Relationship With The Alarm Clock: Father
Most Used App: Google Music
Superhero Power: Telekinesis
Favorite Breakfast Food: Sausage, egg, and cheese breakfast burrito
Don't Ask Me About: My caffeine consumption
I Spend Way Too Much Money On: Craft beer
Pet Peeve: Bad drivers
Favorite Catchphrase: Come with me if you want to live


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I stayed in Eleana May 2012. Rooms are very basic, were clean upon arrival, during our stay the rooms werent cleaned once ended up having to buy our own stuff and clean bathroom ourselves, no fresh bedding. We had no hot water for a shower so had to use the bath which wasnt the nicest of things. However we didnt... More
- Reservation Options:
- TripAdvisor is proud to partner with Booking.com and Priceline so you can book your Eleana Hotel Apts. reservations with confidence. We help millions of travelers each month to find the perfect hotel for both vacation and business trips, always with the best discounts and special offers.
- Also Known As:
- Eleana Hotel Ayia Napa
- Eleana Hotel Apts


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Tiger Woods stalled with pars. Phil Mickelson poured it on with birdies.
The back nine Saturday at the HSBC Champions changed names atop the leaderboard, as Mickelson made three birdies over the last five holes for a 5-under 67 that took him from a two-shot deficit to a two-shot lead over Woods and Nick Watney in the final World Golf Championship of the year.
What didn't change was the excitement level at Sheshan International, especially with what awaits on Sunday.


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On October 5, Paul Holman and Lucy Rivello, both recent purchasers of Apple iPhones, filed suit against Apple and AT&T in the Northern District Court of California, alleging unfair and fraudulent business practices and anti-trust violations under California law, anti-trust violations under U.S. federal law, and trespass against personal property. The plaintiffs also are seeking to represent a nationwide class of similarly situated iPhone owners, dating from June 29, 2007, to the future date of judgment.
The plaintiffs' allegations arise from their experience with the mobile network "locking" practices employed by Apple and AT&T with respect to the iPhone. Ordinarily, mobile network carriers can provide electronic codes to "unlock" a particular phone from their own network, thereby allowing the phone to access another carrier's network that uses a compatible technical standard. While a carrier may charge an early termination fee before it allows a current customer to switch to another network, if that customer is under no pending contractual obligations with the carrier, the carrier usually will comply with the customer's request and unlock the phone.
In the case of the iPhone, however, even though customers in most cases paid full retail price for their iPhones and may be under no contractual obligation to remain with AT&T, AT&T has refused to allow iPhone owners to unlock their phones and migrate to another compatible network. Moreover, according to the complaint, customers who have attempted to unlock their phones without assistance from AT&T have had their phones re-locked or even permanently disabled following a "mandatory" update to their devices' operating systems from Apple. The complaint further alleges that when the affected customers have requested that Apple reactivate their disabled iPhones, Apple has refused, has told them that they are in violation of applicable iPhone user agreements, and has stated that the only recourse is to purchase a new iPhone.
As this case develops, it will be interesting to see how well the iPhone user agreement fares under scrutiny, as it is the document around which all of the claims and defenses in the case apparently will revolve. A negative result for Apple and AT&T could have important consequences for user agreements in other contexts.
You can download a copy of the complaint here


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This is a particular view of Pseudognaphalium luteoalbum
This is the Pseudognaphalium luteoalbum (L.) Hilliard & B.L.Burtt view, as seen by nzor_nzflora checklist. Remember that you can also check the GBIF view on Pseudognaphalium luteoalbum.
There may be more details available about this name usage in the verbatim version of the record.


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quote:sport is slow to many just like baseball.
quote:BASEBALL Cons:
quote:Let me cross out what won't get big: *anything violent like MMA, boxing, kickboxing, etc.
quote:MEH. What separates it from the football injuries that our society is getting so wound up about?
quote:However, I can definitely see it getting HUGE with the American populace.
quote:The only thing, is I don't see it being big enough on a HS and college level in just 20-25 years though.
quote: If football is replaced as the most popular sport in America (and that's a big if), I think it'll be soccer.
quote:BTW, what happens to all the big fat guys?
quote: This is a very big con, it should have been listed first...and baseball is arena football compared to soccer in terms of slowness
quote:either that or it will be very different as we see it today. Like flag, 7 on 7, or even going back without headgear.
quote:MMA is already huge in this country....only going to get bigger
quote:Baseball will only go down, while soccer will only go up
quote:Rule changes killed boxing? I thought it was pay per view and fighters ducking fights/fighting once a year that killed boxing.
quote:What people underrate about soccer is that it has a distressingly high injury rate as well. It's not head injuries, so that's good, but if a soccer tournament is coming to your town, avoid the local emergency rooms that weekend. Hell, I played hockey and lacrosse, and the sport in which I suffered a horrific knee injury was soccer.
quote:Soccer has been the sport of the future for 30 years. Maybe it will pass baseball, but I kind of doubt it.
quote:I doubt MMA gets any bigger than it already is.


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We now have a digital bookshelf! Explore all our books coverage or browse by genre.
Robin Young and Jeremy Hobson host Here & Now, a live two-hour production of NPR and WBUR Boston.
In most states in the country, labor laws will not protect you from getting fired over a political bumper sticker.
Thanks to cheaper technology, community organizers and computer hackers are bypassing the big cell companies.
For this week's DJ Session, Marcia Campbell shares songs from Teea Goans, Reba McEntire, Chris Stapleton and Earls of Leicester.
Video game developer Brianna Wu discusses the threats against her and her role as a feminist leader amid the Gamergate controversy.


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Passing a driving test is always an exciting prospect for younger drivers. Most cannot wait to turn 17 so that they can obtain a provisional driving license and start taking lessons with an approved instructor. Whether drivers take 70 or just 20 lessons, there is nothing quite like that feeling of taking to the open [...]
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Remarriage: Altering Your Financial Plan to Meet Your Needs
In previous generations, men traditionally handled the family finances. While this arrangement may have worked well during the husband's lifetime, the consequences of the wife's lack of involvement in the family's finances often became clear after her husband died. Today, more women are actively directing the outcome of their personal finances, and for good reason.
Women need to plan for a time when they may be on their own. Through divorce, widowhood, or personal choice, the odds are high that a woman will be independent at some point in her lifetime. Financial planning is essential for women throughout life, but it becomes especially important in the event of remarriage, as financial arrangements may need to be made for ex-spouses and children.
If you are in a second marriage or about to remarry, you may want to consider the following important points about managing your personal finances:
Bank Accounts. Sharing joint accounts may help to dissolve any mysteries about where and how family income is spent. Many couples decide to split expenses evenly, but seriously consider having the higher wage earner pay the larger portion of the bills.
Prior Debt. Will each spouse be responsible for the other's debt incurred before the marriage, and if so, to what extent? Keeping the indebted spouse's prior debt separate will help ensure the other spouse's property remains out of reach of creditors.
Property Acquired before Remarriage. Owning previously acquired property in your own name can prevent the risk of losing personal property to your spouse's potential creditors. Also, doing so may have estate tax benefits. In 2013, estates valued in excess of $5.25 million may be taxed as high as 40%. Every individual may exclude up to $5.25 million from estate taxes in 2013. Keeping your own property in your own name can help ensure that you minimize estate taxes while providing an inheritance for children from a previous marriage.
Home Ownership. The majority of couples choose to title property jointly as tenants by entirety. When one spouse dies, the home passes to the surviving spouse tax-free. When the surviving spouse dies, up to $5.25 million may be protected from taxation in 2013.
Retirement. Saving enough for retirement is a major financial objective for married couples, and women have unique concerns when considering this goal. First, women typically live longer than men, so their retirement funds need to last longer. In addition, women often spend more time out of the workforce than men as a result of caregiving responsibilities, and because of this, they are less likely to have pensions and full Social Security benefits. The gap between gender incomes makes it especially important for women to prepare for retirement.
Insurance. Disability income insurance can provide financial protection in the event you or your spouse are unable to work because of an accident or an illness. These policies can ensure that funds for bills and expenses will continue to be available. Similarly, life insurance can provide a measure of financial security upon death. Life insurance can help ensure that children from a prior or current marriage will have the funds to attend college, the mortgage will continue to be paid, and the surviving spouse will have some replacement income.
Estate Planning. Blended families have unique estate concerns, so it is important to plan for the final disposition of your assets. Trusts can be a valuable tool to minimize estate taxes and to help ensure that your assets are distributed to your heirs according to your wishes. For example, at death your assets can pass to a trust, from which your surviving spouse will receive income without access to the assets themselves. At the death of the surviving spouse, the assets can then pass to children from your current or previous marriage. This gives the surviving spouse financial security and provides an inheritance for your children as well. In addition, if the surviving spouse later remarries, the trust precludes your assets from their marital or community property.
Anyone who remarries needs to balance his or her financial past with the financial future. By addressing financial strategies as soon as possible, you can avoid disputes and build financial security for your extended and blended families.
The information contained in this article is for general use and while we believe all in formation to be reliable and accurate, it is important to remember individual situations may be entirely different. Therefore, information should be relied upon only when coordinated with professional tax and financial advice. Neither the information presented nor any opinion expressed constitutes a representation by us or a solicitation of the purchase or sale of any insurance or securities products and services. Written and published by Liberty Publishing, Inc. Copyright © 2013 Liberty Publishing, Inc. PFWREMRG-04
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- Telephone:
- Tel:01442 242841
Welcome to Anthony Betts Suzuki And Mitsubishi
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A 9mm is very effective with the right load. Like THT stated, shot placement is everything. But no matter what your preference, anything is better than nothing!
"Tolerance is the Virtue of a man without Convictions" G. K. Chesterton ΜΟΛ'ΩΝ ΛΑΒ'Ε Considering the fact that the victim is the first one at the scene of a violent crime, I believe all law abiding citizens should be armed. "Fast is fine, Accurate is final." - Wyatt Earp
If you got to pop em 3 times you better get something bigger, ammo is getting pretty scarce these days. I'm starting a one man campaign called: Save The Bullets.
I carry a S&W M&P 45 most of the time and when the weather is warm I carry a S&W M&P 9mm compact. While I prefer the 45 it isn't always practicle to carry so the 9mm fills in nicely and I believe it is a reasonable defense round. With that said practice practice practice as shot placement is critical no matter what you carry.
Well, it is better than a .22! I am of the opinion that you should shoot a lot of ammo in whatever you are carrying. If you can afford to shoot a lot of S&W .40, go with that or bigger. If your budget only allows you to shoot a lot of 9 mm, then that is your best friend!
Those that carry and are forced to shoot in a life or death situation will probably have a profound opinion on effective firearms. After talking with a few Marine recruiters,I definitely have a different "take" on the effectiveness of firearms. Most of the recruiters are very willing to relate their personal experiences . Right now the recruiters are not so busy and have been quite helpful with regards to my search for an adequate weapon for self defense. I don't mean that ALL recruiters are not capable of the same helpful advice but I've only tried the Marines and have been favorably impressed with their sincerity and candor. They have enlightened me as to their opinions on the 9mm and in particular the Beretta 9mm. Might be a good source for reference.
Wow that is a lot of words to say your about to take a class so you can buy and possibly carry a Glock 9mm. That may be a truly good choice for you and expect it will serve you well. All the same finding several combat experienced Marines that would chose that weapon as a sidearm is truly hard to believe. I noticed you went from talking to a few USMC recruiter's to several combat experienced Marines. I know that USMC recruiter's are forbiden to discuss firearms with recruits and expect that would be the same for others that wander in while they are having a slow day. The Glock 19 is a good firearm but not one a combat experienced Marine would choose. I can say this as a I was one of those Marines and my son is one of those Marines. As I said it might be the right firearm for you but I highly doubt any Marine that has been in combat would want this as his sidearm.
WDB -----You sir have chosen to assign your own meaning to each and every word that I placed on this thread. In as much as YOU WERE a Marine,MOST are Marines FOREVER,you are aware that recruiters will not discuss specifics of firearms--the same as I have been very vague in my responses. What I truly said was that after gathering much info---( I )--- have decided on the weapon indicated, and, that furthermore ---(I)--- am very pleased with MY decision. Nowhere did I state that the USMC recommended ANY particular weapon or offered any advertising for ANY product. You are very disconcerting in my attempt to uphold the honor of the USMC, the traditions and the rules and regulations pertaining to Marine public relations. Please ,in the future when you attempt to read ,be careful not to jump ahead of the text and add your very own interpretation. Combat veterans and active duty Marines are not necessarily in and of the same persons. Many words do not indicate the lack of meaning , what is indicated is a need for true comprehension and understanding of those words in order to avoid a grave misinterpretation of exactly what ideas are being communicated. Semper Fidelis---http://www.oo-rah.com/Store/editorial/edi52.asp
Last time I checked, the 9mm was standard NATO issue and what the US Military shoots in the Beretta 93 FS. And . . . I've been known to go to town with no gun at all. So you just gotta ask yerself, "Do I feel lucky . . . ???" Going on 61 and never been in a civilian firefight.


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CSB Cross Appointed Faculty
Patricia Dahia, M.D., Ph.D.
Assistant Professor
University of Sao Paulo, Brazil, PhD 1994
Federal University of Paraiba, MD 1988
Department of Medicine and Cellular & Structural Biology, UTHSCSA
San Antonio Cancer Institute
(210) 567-4866
Dr. Dahia joined the UTHSCSA faculty in August 2005 in the Department of Medicine with a cross appointment in the Department of Cellular and Structural Biology.
Research Interests:
We use genomics-based approaches to study the genetics of cancer with focus on characterizing interactions between oncogenic pathways and the identification of novel cancer-related genes. Our research model is a hereditary neural crest-derived tumor known as pheochromocytoma or paraganglioma. These tumors are highly vascular, catecholamine-producing neoplasms that have been fundamental in providing insights into more common cancer forms and, because of their genetic heterogeneity, have served as sources for discovery of novel oncogenes and tumor suppressor genes. Using integrative genomic approaches, we recently identified a novel pheochromocytoma susceptibility gene, TMEM127, which functions as a classic tumor suppressor gene. This gene encodes for a transmembrane protein of unknown function.
Main research lines in the lab are related to:
- Characterizing the function of the novel tumor suppressor gene TMEM127, using in vivo (recently developed mouse model) and in vitro approaches with focus on TMEM127 involvement in mTOR signaling and endosomal function;
- Discovery of novel cancer genes using genomic and next-generation sequencing strategies, exploiting an available databank of well-annotated tumor samples;
- Identifying translational correlates of genetically defined tumor types that might guide the design of personalized care strategies for cancer patients.
Yao L, Schiavi F, Cascon A, Qin Y, Inglada-Pérez L, King EE, Toledo RA, Ercolino T, Rapizzi E, Ricketts CJ, Mori L, Giacchè M, Mendola A, Taschin E, Boaretto F, Loli P, Iacobone M, Rossi GP, Biondi B, Lima-Junior JV, Kater CE, Bex M, Vikkula M, Grossman AB, Gruber SB, Barontini M, Persu A, Castellano M, Toledo SP, Maher ER, Mannelli M, Opocher G, Robledo M, Dahia PL. (2010)
Spectrum and prevalence of FP/TMEM127 gene mutations in pheochromocytomas and paragangliomas.
JAMA. 2010 Dec 15;304(23):2611-9.
Qin Y, Yao L, King EE, Buddavarapu K, Lenci RE, Chocron ES, Lechleiter JD, Sass M, Aronin N, Schiavi F, Boaretto F, Opocher G, Toledo RA, Toledo SP, Stiles C, Aguiar RC, Dahia PL. (2010) Germline mutations in TMEM127 confer susceptibility to pheochromocytoma. Nat Genet. 2010 Mar;42(3):229-33.
Yao L, Barontini M, Niederle B, Jech M, Pfragner R, Dahia PL. (2010) Mutations of the metabolic genes IDH1, IDH2, and SDHAF2 are not major determinants of the pseudohypoxic phenotype of sporadic pheochromocytomas and paragangliomas. J Clin Endocrinol Metab. 2010 Mar;95(3):1469-72.
Schlisio S, Kenchappa RS, Vredeveld LC, George RE, Stewart R, Greulich H, Shahriari K, Nguyen NV, Pigny P, Dahia PL, Pomeroy SL, Maris JM, Look AT, Meyerson M, Peeper DS, Carter BD, Kaelin WG Jr. (2008) The kinesin KIF1Bbeta acts downstream from EglN3 to induce apoptosis and is a potential 1p36 tumor suppressor. Genes Dev. 2008 Apr 1;22(7):884-93.
Dahia PL, Ross KN, Wright ME, Hayashida CY, Santagata S, Barontini M, Kung AL, Sanso G, Powers JF, Tischler AS, Hodin R, Heitritter S, Moore F, Dluhy R, Sosa JA, Ocal IT, Benn DE, Marsh DJ, Robinson BG, Schneider K, Garber J, Arum SM, Korbonits M, Grossman A, Pigny P, Toledo SP, Nosé V, Li C, Stiles CD. (2005)
A HIF1alpha regulatory loop links hypoxia and mitochondrial signals in pheochromocytomas. PLoS Genet. 2005 Jul;1(1):72-80.


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THE DALRYMPLE FAMILY TREE 2010Updated November 6, 2010 | |
I am trying to gather a record of all the relatives in my Dalrymple Family. So that all the people behind me can look up at a glance to see there Family roots, I would appericiate all the help that you can give me in my searching of The Dalrymple Family. My wife Bernadette teles me that I do not have a tree but a forest. If I make a make a mistake or if I have left some one out than please let me know so that I can correct it ok. I have to Well it looks like Ancestry.Com has fix this uploader. In this program I am only alowed to upload 2000 people. I have left out almost 1000, most of these people I have very little information on. If I have left someone out, please let me know and I will corect it ok. Please feel free to give your thoughts on this family tree. The scrapbooks and notes do have more info. Still no fix 31 Oct., 2010!!!!!!!!!!!! |
Lawrence Alfred Dalrymple 17 Queen St Box 101 Sutton, Ontario l0e 1r0 Canada 905-722-5594 Fax: 905-722-5594 email@example.com |
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