Doctor Legum - LLD

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Analysing the transfer of ownership in the case of suspensive instalment agreements – a causal or abstract system and the implications thereof
(University of the Western Cape, 2023) Morgan, Kirsty Kate; Sibanda, Nkanyiso
South Africa follows an abstract system of transfer of ownership, as opposed to a causal system of transfer. Under an abstract system of transfer, the cause of the transfer, the iusta causa, is separated from and abstracted from the transfer of ownership itself. This results in the validity of the transfer of ownership being reliant on a real agreement and conveyance. The validity or invalidity of the underlying cause of the transfer is irrelevant for the purposes of determining whether ownership has passed. Instead, the validity of the transfer is dependent upon the real agreement and conveyance, specifically, delivery in respect of movable property. Delivery may take the form of either real or constructive delivery. In respect of constructive delivery, there is a numerous clausus of constructive delivery modes. In order to transfer ownership through the use of constructive delivery, the requirements of a particular mode must be met. The real agreement is insufficient on its own to affect transfer of ownership. The rigidity of the abstract system of transfer, although beneficial for legal certainty, can result in conceptual challenges at times. This thesis examines the conceptual challenges presented by the case of instalment agreements that reserve ownership until certain obligations are met. Specifically, analysing how and when the transfer of ownership, in the case of these types of credit agreements, takes place. This thesis analyses two approaches, the Lauritzen approach and the Info Plus approach, concluding that the latter approach provides the most equitable balancing of interests. The Info Plus approach allows ownership to transfer immediately, resulting in ownership passing to the transferee for the duration of the instalment agreement. The timing of the transfer, that is immediately, has important implications for other areas of law, in particular credit regulation as well as the law of cession and lease.
Assessing the effectiveness of the public procurement Act of 2007 in combatting corruption in Nigeria
(University of the Western Cape, 2023) Ayinde, Dare Joseph; Hamman, Abraham
The Public Procurement Act of 2007 (the PPA) was enacted to provide a sound legal and institutional framework for public procurement in Nigeria and prevent and curb corruption in the procurement process. However, although the PPA has been in force for more than 16 years, there is a doubt over its effectiveness as the level of corruption in the procurement process has not significantly reduced. This thesis examines how well the PPA prevents and combats corruption in the procurement process through the lens of game theory, the study of decision-making during which players must decide on strategies affecting the interests of other parties involved. In particular, it evaluates the PPA's suitability for preventing and combating corruption in the procurement process and points out any weaknesses in its provisions that reduce the effectiveness of the PPA in accomplishing so. The thesis establishes that the PPA has detailed provisions on the pre-contract and contract phases of procurement, with the exception of the post-contract phase of procurement, where its provisions are inadequate. It submits that the perceived ineffectiveness of the PPA in preventing and curbing corruption can be traced to two things. First, the poor implementation of its provisions, particularly the ex post facto anti-corruption provisions such as those regarding exclusion and debarment. Another example of the poor implementation of the PPA is the failure of the government to inaugurate the National Council on Public Procurement, one of the regulatory bodies established by the PPA. Secondly, there are gaps and flaws in the provisions of the PPA that make it less effective in preventing and combatting corruption in the procurement process.
Die swart vrou se reg om te erf
(University of the Western Cape, 2004) Knoetze, Elmarie; de Villiers, F.A.
Hierdie studie het ten doel die ondersoek na die Swart vrou se reg om te erf, met besondere verwysing na die bestaanbaarheid van die manlike eersgeboorteregsreel in 'n grondwetlike konteks. Die metodologie is die van 'n kritiese analise van toepaslike wetgewing, regspraak en regsliteratuur, gesien teen die agtergrond van die besondere aard en kenrnerke van die inheemse erfopvolgingsreg. Die inheemse erfopvolgingsreg word gekenrnerk deur intestate erfopvolging van manlike verwante in die patriliniese lyn, ter uitsluiting van vroue. Erfopvolging is nie beperk tot enkelvoudige huishoudings nie, maar omvat ook meervoudige huishoudings. Verskeie inheemsregtelike meganismes word aangewend om die opvolging van 'n manlike erfopvolger te verseker, wat ingevolge die inheemse reg verplig is om die oorledene se gade(s) en afhanklikes te onderhou. Regspraak in die eertydse Appelhofvir Kommissarishowe bevestig die erkenning en toepassing van die manlike eersgeboorteregsreel, met die gepaardgaande onderhoudsverpligting op die erfopvolger. Die regspraak blyk geen onderskeid tussen die toepassing van die eersgeboorteregsreel ten opsigte van die verdeling van goed en opvolging in status te maak nie, hoewel veldnavorsing skyn aan te toon dat die "lewende" inheemse reg duidelik tussen die twee begrippe onderskei. Veldnavorsing bevestig afwyking van die manlike eersgeboorteregsreel ten opsigte van die verdeling van goed, maar daar is weinig bewys van die nie-erkenning van die manlike eersgeboorteregsreel ten opsigte van die opvolging in status. Die toepassing van die manlike eersgeboorteregsreel word deur wetgewing gesanksioneer primer deur die aanwysing van die huwelikstatus en -vorm van die erflater as deurslaggewende faktor in die aanwysing van 'n toepaslike regstelsel ooreenkomstig die inteme konfliktereg. Hiervolgens vererf die boedel van ongetroude Swartes en Swartes getroud ooreenkomstig die inheemse reg ingevolge die inheemse erfopvolgingsreg. Enkele statutere bepalings maak voorsiening vir die diskresionere toepassing van die gemenereg.
Die inheemse kontraktereg van die bakwena ba mogopa van herbron in die odi I distrik van bophuthatswana
(University of the Western Cape, 1991) van Ravenswaay Whelpton, Frances Peter; Vorster, L P
This study was undertaken to establish whether the phenomenon known contract appears in indigenous law and if it is possible to refer to indigenous contract law in general . Because indigenous law differs not between tribes but is also affected by the degree of westernization that has taken place among the blacks, a microstudy has been done in a semi-rural area to establish if own value-systems are altered and replaced when Western legal institutions are used. Information was obtained by interviewing a panel of specialists and compared with available literature. During the process of gathering information the aims were not only to describe how the legal principles function but also to take note of those social processes which function outside the law. Although it is possible to identify general principles and different contracts, the individual character of each contract must always be borne in mind since a contract is more than a devise for establishing the economic and legal implications of a transaction. Contracts are real in nature which means that no contractual liability arises from a mere promise or an agreement.
Women’s right to access family planning, information and services during humanitarian emergencies: a case of cyclone idai in Chipinge and Chimanimani districts of Zimbabwe
(University of the Western Cape, 2024) Ndlovu, Patience; Durojaye, Ebenezer
Women’s access to family planning information and services during humanitarian emergencies is a key component in the advancement of gender equality, women’s empowerment and social development. The exercise of women’s reproductive rights allows them to make informed choices, take control of their bodies and is a crucial determinant of their enjoyment of other rights. The domain of reproductive rights enables women to live lives endowed with dignity and well-being. International and regional norms and standards require that state parties respect, protect, promote and fulfill reproductive rights. Zimbabwe has registered commitments to upholding reproductive rights through the Constitution and other laws. Despite these provisions, rural women affected by humanitarian emergencies are confronted by a host of challenges in accessing family planning information and services, in contravention of Zimbabwe’s human rights obligations. The aim of this study was to interrogate if Zimbabwe’s laws, policies and programmes adequately advance women’s family planning, information and services during humanitarian emergencies using the case of Cyclone Idai in the Chipinge and Chimanimani districts of Zimbabwe.
Feeding inequality: access to equal education, feeder zones and former ‘model c’ schools
(University of the Western Cape, 2023) Draga, Lisa Natalie; Fick, Sarah
South Africa’s basic education system remains deeply unequal, fuelled in part by the inequitable access of black and poor children to good public schools that are overwhelmingly concentrated in more affluent ‘whiter areas’. South Africa’s current legislative and policy framework has resulted in schools (those in Gauteng not included) being permitted to determine their own feeder zone criteria for admission purposes. The use of geographical proximity as a criterion in the admission policies and practices of schools belies South Africa’s history of segregation and its continued manifestation. It is inevitably black children who are disproportionately and adversely affected by the use of feeder zones. This study provides contextual background concerning the group areas and Bantu Education legacy that still endure. An account of some of the historical events that underpinned and informed the passing of the South African Schools Act, and which have ultimately led to much contestation in the sphere of school governance, including in the application of feeder zones in school admissions is provided. An analysis of the jurisprudence relating to the policy making functions of school governing bodies is also undertaken with a view to determining its implications for school zoning. This study endeavours to give legal meaning and content to the concept of ‘equitable access’ to public schooling in the South African context. The legal and policy framework relevant to feeder zones is engaged with and its impact on equitable access to schooling assessed. This study provides a narrative on the way the KwaZulu-Natal, Gauteng and Western Cape provincial education departments have addressed the inequalities arising from the application of feeder zones to date.
An analysis of the legal framework on gender discrimination and women’s rights to property in Nigeria: a case study of the Igala people
(University of the Western Cape, 2023) Achimugu-Opaluwa, Agah Deborah; Durojaye, Ebenezer
Although Nigeria is a signatory to several international, regional, and homegrown legal instruments seeking to promote the rights of women, like; the Convention on the Elimination of all Forms of Discrimination against Women, the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa, and supported fundamentally by the Constitution of the Federal Republic of Nigeria 1999, which disallows female gender discrimination and also allows women the right to own immovable property. Evidence, however, abounds in most Nigerian communities and ethnic groupings of the flagrant disregard and abuse of the rights of women, especially in reference to property ownership and inheritance during and after marriage. Since the practices that deepen these manifestations of discrimination are supported by age-long traditional beliefs and customs, it seems to thrive without regard to the position of conventions and laws as those aforementioned. It is believed that the patriarchal nature of the Igala (a minority ethnic group, living in Kogi State, North – Central Nigeria and the focal point of this research) provides an enabling environment for women’s exclusion regarding property ownership and inheritance, with culture being used as a tool to justify violations.
Women’s right to access family planning, information and services during humanitarian emergencies: a case of cyclone idai in chipinge and chimanimani districts of Zimbabwe
(University of the Western Cape, 2024) Ndlovu, Patience; Durojaye, Ebenezer
Women’s access to family planning information and services during humanitarian emergencies is a key component in the advancement of gender equality, women’s empowerment and social development. The exercise of women’s reproductive rights allows them to make informed choices, take control of their bodies and is a crucial determinant of their enjoyment of other rights. The domain of reproductive rights enables women to live lives endowed with dignity and well-being. International and regional norms and standards require that state parties respect, protect, promote and fulfill reproductive rights. Zimbabwe has registered commitments to upholding reproductive rights through the Constitution and other laws. Despite these provisions, rural women affected by humanitarian emergencies are confronted by a host of challenges in accessing family planning information and services, in contravention of Zimbabwe’s human rights obligations. The aim of this study was to interrogate if Zimbabwe’s laws, policies and programmes adequately advance women’s family planning, information and services during humanitarian emergencies using the case of Cyclone Idai in the Chipinge and Chimanimani districts of Zimbabwe. Utilising a desktop review, the research identified gaps in Zimbabwe’s laws, policies and programmes due to a lack of attentiveness to women’s reproductive health during emergencies. Furthermore, limited access to reproductive information, poverty, patriarchal norms, child marriages, restrictive abortion provisions, high staff turnover of experienced health personnel, limited access to essential drugs and supplies, and poor access to water and sanitation militated against women’s access to reproductive health services during Cyclone Idai.
Implementing the spatial planning and land use management act of 2013: an examination of the intersection of the role of traditional leaders and municipalities in spatial planning and land use management.
(University of the Western Cape, 2023) Poswa, Xavia Siyabonga; De Visser, Jaap
This study examines the intersection of the role of traditional leaders and municipalities in spatial planning and land use management. More specifically, the study interrogates the factors which led to tension and conflict between traditional leaders and municipalities in three provinces, namely, the Eastern Cape, Limpopo and KwaZulu-Natal, over the implementation of SPLUMA in areas governed by traditional leaders. These are the provinces where traditional leaders, through protest action, publicly expressed their grievances and disapproval of SPLUMA soon after it came into effect in 2015. They vowed to resist its implementation in the areas they governed even if it meant being imprisoned for doing so. The study analysed data from 32 key informants, personal observations, and the relevant constitutional provisions, statutes, case law, governmental reports and White papers, including the relevant literature on the history of both the institution of traditional leadership and local government in South Africa. The study identified the underlying reasons why in practice the implementation of the Spatial Planning and Land Use Management Act 16 of 2013 (came into force in 2015) in areas governed by traditional leaders is facing opposition. There are six main reasons which emanate from the interviews that were conducted with the abovementioned informants. These reasons are (1) the lack of meaningful engagement by traditional leadership when SPLUMA was introduced at national level; (2) outright rejection of SPLUMA; (3) misunderstanding of SPLUMA; (4) the lack of trust in municipalities; (5) the lack of trust in planning instruments and processes; and (6) the exclusion of traditional leaders from municipal planning tribunals. Nevertheless, given that the institution of traditional leadership is entrenched in South Africa’s rural society, traditional leader’s closeness and familiarity with rural people in their area, and importantly the role they play in land use management, the study concludes there is a need to find ways to diffuse or manage the contestation between traditional leaders. Options proposed include, national government meaningfully engaging the National House and Provincial houses of traditional leadership about SPLUMA, recognise traditional leaders as authorities of first instance in municipal planning by-laws, include traditional leaders as members/participants of the Municipal Planning Tribunals, as well as, capacitating traditional leaders to understand the meaning and benefts of land use schemes in municipal council meetings and formulating a developmental beneficiation model between traditional leaders and municipalities on land use management matters.
Rethinking the institutional structure of financial regulation in an era of fintech: the Nigerian case
(University of the Western Cape, 2023) Puja, Albert Chris; Lawack, Vivienne
The study explores why and how to adapt the institutional structure of financial regulation to address the risks, changes, and regulatory challenges of financial technology (Fintech). Drawing on authoritative literature and practical examples from various jurisdictions, including South Africa, United Kingdom, Indonesia, and Singapore, the study identifies crucial requirements for an effective institutional structure to regulate Fintech. These requirements are used as a benchmark for evaluating Nigeria’s existing institutional of financial regulation and proposing reforms for the country. The argument presented in the study suggests that instead of a complete overhaul, Nigeria should prioritise introducing piecemeal reforms to rectify the deficiencies in its current institutional structure. However, the study also proposes that an overhaul of the existing institutional structure could be explored in the long run if the proposed piecemeal reforms do not yield the desired results. The study contributes to the literature on the institutional aspects of financial regulation, Fintech regulation, and regulatory coordination.
The effectiveness of the South African critical skills visa in comparative perspective
(University of the Western Cape, 2023) Loedolf, Kim-Leigh Joy; Sloth-Nielsen, Julia
There are notable skill shortages in South Africa. This thesis explores the reasons behind the skills shortages, including the impact of apartheid on education, brain drain, brain waste, and lack of apprenticeships. Currently, there are skills shortages across many occupations, including managers, professionals, and artisans. Many employers struggle to find qualified employees to fill open positions, and citizens are unlikely to fill occupations critical to economic development soon, due to systemic issues affecting skills formation. After the apartheid era, the South African state recognised the need for skilled migrant workers to fill critical occupations. The South African state introduced visas, with the aim of alleviating skills shortages by enabling the recruitment and employment facilitation of skilled migrant workers. Regrettably, the state did not receive a significant number of skilled migrant workers. Currently, the Critical Skills Work Visa exists to facilitate the employment of skilled migrant workers in South Africa. Merely possessing a visa is not enough to entice skilled migrant workers to work and reside in South Africa; additional measures are required. The thesis explores the factors that influence skilled migrant workers’ decisions to work and live in South Africa and those that discourage them from doing so. It is acknowledged in the thesis that skilled refugees and skilled asylum seekers may also contribute to alleviating skills shortages. While members of this group are not excluded from applying for critical skills work visas, they are confronted with additional, and significant, obstacles in their pursuit of these visas. The probability of being granted a critical skills work visa is unlikely for most of them, resulting in brain waste. A comparative analysis is used in the thesis to compare the effectiveness of the Critical Skills Work Visa to that of similar visas in Botswana, Canada, and New Zealand. The thesis concludes with recommendations for improving the effectiveness of the Critical Skills Work Visa. It has been determined that visa requirements are not the sole factor that dissuades skilled migrant workers from selecting South Africa as their work destination. In order to attract skilled migrants, the South African state must enhance its legal framework to conform to international benchmarks, create a proactive immigration regime, and address inconsistencies between the immigration framework and how the Department of Home Affairs applies it.
The role of international law in juvenile justice Reform in south africa
(UWC, 2001) J, SLOTH-NIELSEN
This t hesis w ill seek to trace and to analyse the impact of international chi ldren's rights law upon the process of juvenile justice reform in South Africa during the past decade. As documented more fully in Chapter 2 (International Law and Juvenile Justice Reform), repressive juvenile justice laws and practices were highlig hted by advocacy groups during the mid to late 1980s and early 1990s prior to the adoption of the interim Constitution of 1994. Subsequent to democratic elections in 1994, juvenile justice reform continued to remain high on the political agenda during the first years of transition to democracy. Legislative reforms were in itiated shortly after this, and a succession of amendments and draft legislative proposa ls were put forward . Afte r t he adoption of the final Constitution in 1996, a process of juvenile justice law reform was undertaken by the South African Law Commission, and a number of significant judicial decisions were handed down . The influence of international law upon these various legal developments and initiatives will consequently form the central topic of analysis.
Legal responses to the right to nationality and prevention of statelessness among children in Africa
(University of the Western Cape, 2022) Assefa, Ayalew Getachew; Mezmur, Benyam Dawit
The challenge of statelessness among children is a persistent problem that requires a wide range of measures. Already constituting a societal group in a vulnerable situation, children born into situations of statelessness often find it difficult to access essential services they are entitled to and to meet their basic developmental needs. Studies reveal that statelessness affects several million worldwide, among whom the most vulnerable are children, representing 60 per cent of the global stateless population. Although international and regional laws protect every person’s right to a nationality, statelessness among children persists as a human rights challenge globally as well as in Africa.
Evaluating the effectiveness of the audit committee: A case for protection of the independence of the audit committee under the South African corporate structure
(University of the Western Cape, 2022) Kgwete, Nelson Thabang; Mupangavanhu, Brighton
The recent wave of corporate governance failures in South Africa has exposed, among others, weaknesses in the realm of the audit committee as an oversight body within the corporate structure, both in private and public sectors. These governance collapses happened, despite the fact that the majority of these companies had audit committees. In this thesis, the provisions relating to the audit committee under the Companies Act 71 of 2008 (‘the Companies Act 2008’) and the Public Finance Management Act 1 of 1999 (‘the PFMA’) are analysed, with a particular focus on the adequacy of the promotion and protection of the independence of the audit committee within the corporate structure in South Africa.
Access to reproductive health and rights for indigenous women in Zimbabwe: A case of the San community in Tsholotsho and Plumtree
(University of the Western Cape, 2023) Nkomo, Sindiso Nozitha; Durojaye, Ebenezer
Access to healthcare, including reproductive health, is an essential human right that necessitates the attainment of human development, non-discrimination between genders, and promotes women’s rights. Reproductive health and rights enable women to make independent decisions and choices relating to their bodies and make it possible to keep women healthy, safe, and dignified. Despite this importance, indigenous women often struggle to have access to satisfactory reproductive health services and have poorer outcomes compared to the general populace. Indigenous women from Zimbabwe are not exempt from this predicament. It is against this background that this study aims to interrogate the extent to which San indigenous women in Zimbabwe enjoy access to reproductive health and rights. The elements of reproductive health and rights which are the main focus of this study are: “prevention and treatment of sexually transmitted infections (STIs), including HIV and AIDS and cervical cancer; maternal health; and voluntary informed and affordable family planning services.” Studies have been conducted on access to other rights by San people, such as their right to education and to decide their cultural and ethnical integrity.
Women's access to land in Uganda
(University of the Western Cape, 2022) Byaruhanga, Moses G.; Mujuzi, Jamil Ddamulira
The thesis analysed the Ugandan policy and legal framework on women’s land rights vis-à-vis the regional and international legal and policy framework, to identify the gaps, progress and the way forward. Four objectives were framed in handling the research problem. First, there was an analysis of the regional and international legal framework on the rights of women to land. Secondly, the study examined and analysed the legal framework on the women’s land rights in Uganda. The third objective was the analysis of women’s land rights in East Africa. The study also reviewed the nexus between women’s land rights and financial inclusion. Lastly, the study proposed policy and strategic reforms for advancement of the rights of women to land in Uganda.
Ubuntu and the South African Law of Contract with particular reference to the common law Contract of Employment
(University of the Western Cape, 2022) Nkosi, Sipho Stephen; Mwambene, Lea
The concept of ubuntu has exercised the minds of many philosophers and jurists in recent times. This arises from the fact that the concept has many facets to it – etymological, linguistic, ethical and juridical – all of which demand attention and comprehension. Some commentators and jurists seem to assume that ubuntu is a new, parochial, unnecessary addition to the South African constitutional and legal lexicon. Their view is that ubuntu was introduced for the first time in 1994, by the postamble to the Constitution of the Republic of South Africa Act 98 of 1993 (‘the interim Constitution’). Another group opine that, not only is ubuntu a sub-Saharan African concept, but that it is also the foundational value of the country's constitutional framework.
Safeguarding the right to freedom from arbitrary detention in Cameroon
(University of the Western Cape, 2021) Weregwe, Christopher Mba; Mujuzi, Jamil
Arbitrary detention is a human rights violation. Its complete eradication is a major concern to the international community. The International Covenant on Civil and Political Rights (ICCPR) is the main treaty that protects and promotes civil and political rights. It outlaws arbitrary detention and obliges states parties to take effective legislative, judicial, administrative, and any other measures necessary to prevent the practice within their jurisdictions. Cameroon ratified the ICCPR in 1984, as well as other international treaties that prohibit arbitrary detention. According to Article 45 of the Cameroon Constitution, duly ratified international treaties and conventions enter into force following their publication in the official gazette, and they supersede domestic laws.
The situs of the registered trade mark right in South African law considered in the light of parallel importation
(University of the Western Cape, 2007) Martin, Bernard Samuel Charles; Van Reenen, TP
National trade mark registers exist in most jurisdictions around the world despite the demands of international trade in the global economy', the global economy being reputed to abhor all barriers to trade such as those which national trade mark registrations have created.2 The conflict and tension generated by the existence of national registers and the demands of international trade manifest themselves most acutely in the phenomenon of parallel importation.t The responses to this tension, evidenced in the manner in which the courts have dealt with parallel importation a prompted the present investigation of the situs of the registered trade mark right. The system of separate registrations in each jurisdiction suggests that the right that derives from each registration is limited to the jurisdiction in which registration has occurred, whereas the manner in which parallel importation has been dealt with suggests that there is one international trade mark rights. requirements.ls it is possible for a trade mark to be created in terms of each subsystem using the same symbol because of the semi-independence of the subsystems from each other.l6 The common law does not enforce the registered trade mark right and the TMA does not enforce the common law trade mark right.17 The SA common law and TMA are both parts of the legal system of a single jurisdiction; therefore there has to be a rapprochement between the two.18 Their interaction necessitates a detailed examination of the common law trade mark in order to provide a more holistic understanding of the creation of the registered trade mark right. Creation of a trade mark asIlP is therefore considered in terms of the rules of both subsystems.
The effect of a constitution and bill of rights on abortion in South Africa: A comparative study
(University of the Western Cape, 1995) Sarkin, Jeremy Julian; du Plessis, L.M
This dissertation explores the effect that, the new democratic order could have on the abortion laws of South Africa. In particular, it investigates how the Transitional Constitution with its Bill of Rights may impact, on these laws, and some speculation on the import of the final Constitution is hazarded. The two major issues that are examined are therefore abortion and constitutionalism and it, is appropriate to begin with working definitions of these concepts. Abortion, sometimes known as termination of pregnancy, has both medical and IegaIly definitions. The selection of at definition has a lot to do with the definer, attitude towards abortion. An abortion can occur spontaneously or because it is induced. Medically it is usually used to describe the process whereby the contents of the uterus are expelled. This is usually deemed an abortion if it, occurs before viability, or the point after which a foetus can survive outside the womb independently. Medically, an induced abortion after viability is known as premature labour. Legally speaking an abortion can take place at any point during gestation. !!bile_ in the past it. was largely considered criminal, no matter at what, point, it occurred, whether it. is so characterised currently depends on the law in a particular country. Thus, the illegality of an abortion and when such illegality arises varies from country to country. The point at which pregnancy commences is also the subject of debate. Some fix it after fertilisation or the moment. when the ovum and sperm join. Others, however, see implantation, when the developing egg or blastocyst, is implanted in the waII of the uterus, as the point which marks the beginning of pregnancy.

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