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29 February 2024 | Story VALENTINO NDABA | Photo Stephen Collett
Prof Bradley
Prof Bradley Smith tackles the ambiguities surrounding trust misuse during divorce proceedings.

In his inaugural lecture on 21 February 2024 at the University of the Free State (UFS), Prof Bradley Smith explored the complexities of trust misuse in the context of property disputes during divorce proceedings. Prof Smith is an Extraordinary Professor at the UFS Faculty of Law. Drawing on two decades of judicial evolution in the Supreme Court of Appeal (SCA), Prof Smith highlighted the inconsistencies in the SCA’s treatment of this issue that impedes attempts to curb “divorce planning” by way of a trust and proposed solutions to address them.

One of the core issues he identified is the abuse of trusts, where assets are placed within a family trust to diminish a spouse’s personal estate value while treating the trust property as personal property for personal gain. This is often done in an attempt to evade the financial consequences of divorce. Prof Smith explained that this practice undermines the essence of trust law and that the inconsistent approaches by our courts exacerbate the challenges in dividing property during divorce proceedings in a manner that respects the spouses’ matrimonial property regime.

Navigating challenges: reflections on research and its importance

Prof Smith’s proposal revolves around the development of a consolidated test for piercing the veneer of an abused trust, aiming to enhance legal certainty. He emphasised the necessity of a unified approach. “Utilising this test will ensure uniformity because of its applicability to all marriages out of community of property, irrespective of whether the accrual system is involved,” he said.

His meticulous examination of conflicting judgments was praised by Dr Brand Claassen, head of the Department of Private Law, who described it as “the work of a master craftsman”. Retired Judge of Appeal, Eric Leach, also highlighted its critical importance in clarifying complex legal issues for the public good.

“It is of critical importance and in the public interest for judicial decisions, particularly those of higher courts such as the Supreme Court of Appeal and Constitutional Court, to be subjected to careful and considered analysis and, if needs be, criticism. Prof Smith’s inaugural lecture on combating trust form abuse in the context of matrimonial property claims at divorce, in which he carefully considered and analysed the conflict between several Supreme Court of Appeal judgments, was a valuable and important study on the issue,” said Judge Leach. He added that he hoped Prof Smith’s research would be considered by the SCA in future.

Future directions: advancing discourse and sound legal theory

Looking ahead, Prof Smith envisions further research into the applicability of the consolidated test to marriages in community of property, aiming to address remaining uncertainties that lie at the intersection of matrimonial property and trust law. He emphasised the importance of countering the prevailing “catch-me-if-you-can” attitude in divorce matters, advocating for proactive measures to uphold fairness and justice in matrimonial property disputes.

In conclusion, Prof Smith’s inaugural lecture provided valuable insights into combating trust form abuse within the context of matrimonial property claims at divorce. His proposed solutions and ongoing research efforts signify a commitment to advancing discourse on trust law theory and practice, with the ultimate aim of a sound judicial approach that serves the needs of South African society.

News Archive

Mushrooms, from gourmet food for humans to fodder for animals
2016-12-19

Description: Mushroom research photo 2 Tags: Mushroom research photo 2 

From the UFS Department of Microbial Biochemical and
Food Biotechnology are, from left: Prof Bennie Viljoen,
researcher,
MSc student Christie van der Berg,
and PhD student Christopher Rothman
Photo: Anja Aucamp

Mushrooms have so many medicinal applications that humans have a substance in hand to promote long healthy lives. And it is not only humans who benefit from these macrofungi growing mostly in dark spaces.

“The substrate applied for growing the mushrooms can be used as animal fodder. Keeping all the medicinal values intact, these are transferred to feed goats as a supplement to their daily diet,” said Prof Bennie Viljoen, researcher in the Department of Microbial, Biochemical and Food Biotechnology at the UFS.

Curiosity and a humble start
“The entire mushroom project started two years ago as a sideline of curiosity to grow edible gourmet mushrooms for my own consumption. I was also intrigued by a friend who ate these mushrooms in their dried form to support his immune system, claiming he never gets sick. The sideline quickly changed when we discovered the interesting world of mushrooms and postgraduate students became involved.

“Since these humble beginnings we have rapidly expanded with the financial help of the Technology Transfer Office to a small enterprise with zero waste,” said Prof Viljoen. The research group also has many collaborators in the industry with full support from a nutraceutical company, an animal feed company and a mushroom growers’ association.

Prof Viljoen and his team’s mushroom research has various aspects.

Growing the tastiest edible mushrooms possible
“We are growing gourmet mushrooms on agricultural waste under controlled environmental conditions to achieve the tastiest edible mushrooms possible. This group of mushrooms is comprised of the King, Pink, Golden, Grey, Blue and Brown Oysters. Other than the research results we have obtained, this part is mainly governed by the postgraduate students running it as a business with the intention to share in the profit from excess mushrooms because they lack research bursaries. The mushrooms are sold to restaurants and food markets at weekends,” said Prof Viljoen.

Description: Mushroom research photo 1 Tags: Mushroom research photo 1 

Photo: Anja Aucamp

Natural alternative for the treatment of various ailments
“The second entity of research encompasses the growth and application of medicinal mushrooms. Throughout history, mushrooms have been used as a natural alternative for the treatment of various ailments. Nowadays, macrofungi are known to be a source of bioactive compounds of medicinal value. These include prevention or alleviation of heart disease, inhibition of platelet aggregation, reduction of blood glucose levels, reduction of blood cholesterol and the prevention or alleviation of infections caused by bacterial, viral, fungal and parasitic pathogens. All of these properties can be enjoyed by capsulation of liquid concentrates or dried powdered mushrooms, as we recently confirmed by trial efforts which are defined as mushroom nutriceuticals,” he said.

Their research focuses on six different medicinal genera, each with specific medicinal attributes:
1.    Maitake: the most dominant property exhibited by this specific mushroom is the reduction of blood pressure as well as cholesterol. Other medicinal properties include anticancer, antidiabetic and immunomodulating while it may also improve the health of HIV patients.
2.    The Turkey Tail mushroom is known for its activity against various tumours and viruses as well as its antioxidant properties.
3.    Shiitake mushrooms have antioxidant properties and are capable of lowering blood serum cholesterol (BSC). The mushroom produces a water-soluble polysaccharide, lentinan, considered to be responsible for anticancer, antimicrobial and antitumour properties.
4.    The Grey Oyster mushroom has medicinal properties such as anticholesterol, antidiabetic, antimicrobial, antioxidant, antitumour and immunomodulatory properties.
5.    Recently there has been an increased interest in the Lion’s Mane mushroom which contains nerve growth factors (NGF) and may be applied as a possible treatment of Alzheimer’s disease as this compound seems to have the ability to re-grow and rebuild myelin by stimulating neurons.
6.    Reishi mushrooms are considered to be the mushrooms with the most medicinal properties due to their enhancing health effects such as treatment of cancer, as well as increasing longevity, resistance and recovery from diseases.


Description: Mushroom research photo 3 Tags: Mushroom research photo 3


Valuable entity for the agricultural sector
Another research focus is the bio-mushroom application phenome, to break down trees growing as encroaching plants. This research is potentially very valuable for the agricultural sector in the areas where Acacia is an encroaching problem. With this process, waste products are upgraded to a usable state. “It is therefore, possible to convert woody biomass with a low digestibility and limited availability of nutrients into high-quality animal fodder. By carefully selecting the right combination of fungus species to ferment agro-wastes, a whole host of advantages could become inherently part of the substrate. Mushrooms could become a biotechnological tool used to ‘inject’ the substrate that will be fed to animals with nutrition and/or medicine as the need and situation dictates,” said Prof Viljoen.

 

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