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There is no doubt that the object of s 4 2 to give the occupiers sufficient and effective notice of the intended eviction was achieved. Notwithstanding this the appellants contend that both applications should have been dismissed on the simple basis that there was no additional notice served on them. However, counsel for the appellants the same counsel appeared for the appellants in both cases was unable to point to any section in PIE which requires an additional notice.
For the reasons I have given, I find this argument untenable. The considerations underlying this additional reason appear from the dicta that follow. However, the object of s 4 2 is clearly to ensure that the unlawful occupier and municipality are fully aware of the proceedings and that the unlawful occupier is aware of his rights referred to in s 4 5 d. It may well be that that object, in appropriate circumstances, may be achieved notwithstanding the fact that service of the notice required by s 4 2 had not been authorised by the court.
That may, for example, be the case if at the hearing it is clear that written and effective notice of the proceedings containing the information required in terms of s 4 5 had in fact been served on the unlawful occupier and municipality 14 days before the hearing. The answer must depend on what the respondents already knew. The appellant's contention to the contrary cannot be sustained. It would lead to results which are untenable. Take the example of a s 4 2 notice which failed to comply with s 4 5 d in that it did not inform the respondents that they were entitled to defend a case or of their right to legal aid.
What would be the position if all this were clearly spelt out in the application papers? Or if on the day of the hearing the respondents appeared with their legal aid attorney? Could it be suggested that in these circumstances the s 4 2 [notice] should still be regarded as fatally defective? I think not.
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In this case, both the municipality's cause of action and the facts upon which it relied appeared from the founding papers. The appellants accepted that this is so. If not, it would constitute a separate defence. When the respondents received the s 4 2 notice they therefore already knew what case they had to meet. In these circumstances it must, in my view, be held that, despite its stated defects, the s 4 2 notice served upon the respondents had substantially complied with the requirements of s 4 5.
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This is so because the applications served on the appellants complied substantially with s 4 2 and, quite importantly, contained all the necessary information prescribed by s 4 5. There is no doubt that both appellants were fully apprised of the cases against them. To put the matter beyond doubt, both appellants were legally represented when the matters were heard in court. To my mind there can be no better proof of effective service of the written notice as demanded by s 4 2 than in the present two matters.
If they had intended to place any matter before the respective courts for consideration the appellants had the opportunity to do so. Instead they elected to rely on technical defences rather than dealing with the merits of their cases. The real and proper enquiry should be whether there has been effective notice of the proceedings on the occupier in the sense that a court is satisfied that the occupier has been fully informed of the impending eviction, the grounds therefor, the date and place of hearing and the right to appear in court and be represented.
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This is exactly what happened in the two appeals. Accordingly I am satisfied that effective notice was given to the appellants. To hold otherwise would promote slavish adherence to form above substance. As far as proceedings in the high court are concerned, nothing I have said in this case must be understood to detract from that explanation.
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Overall, the diet was not healthy, with the main food items being very refined, and the diet being high in salty snacks and sugary items, and low in fruit, vegetables and legumes. The growing challenges faced by many low- and middle-income countries are the fact that undernutrition, particularly stunting and micronutrient deficiencies, are still prevalent, while at the same time there is a growing problem of overweight and obesity, both in adults and children [ 1 , 2 , 3 , 4 , 5 ].
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It has been shown that growth faltering, which frequently starts in utero and continues into the first two years of life, is associated with many pathological disorders including reduced neurodevelopment and adverse cognitive development. Stunted children may become obese adults, who in turn are more at risk of developing non-communicable diseases NCDs [ 6 , 7 ]. Rapid weight gain in infancy is also associated with long-term risk of adult weight gain and development of NCDs [ 8 ].
In a recent publication of the same children whose dietary results are studied here, nutritional status by means of anthropometry was determined [ 9 ]. The double burden of malnutrition is clearly illustrated. The double burden of malnutrition is commonly found in many low- and middle-income countries [ 10 ] and much of this can be largely attributed to the nutrition transition taking place, in conjunction with decreased levels of physical activity [ 10 ]. The nutrition transition implies moving from a traditional diet which is high in carbohydrate and fibre and low in sugar and fat to a more contemporary Western diet which is high in fats, saturated fats, sodium and sugar [ 11 ].
One of the main drivers of this transition is urbanization [ 10 , 12 ]. A recent review of dietary studies in developing countries by Ochola and Masibo showed what the typical dietary scenario in developing countries is [ 13 ]. This review included 50 studies from 42 countries in children and adolescents. The findings were an overall low energy intake, lack of dietary diversity, low intake of fruit and vegetables and micronutrient deficiencies. At the same time the emerging nutrition transition is stressed.
This includes an increase of high energy snacks and sweetened beverages, particularly in urban areas. A similar scenario is painted in West Africa [ 14 ]. It was noted that in large cities, children consume energy-dense foods such as sweetened beverages, candies and ice cream. In fact, sweetened beverages were found to be consumed up to seven times as frequently as fruit and vegetables. Overall, there appeared to be strong evidence for an increased intake of dietary energy, fats, sugar, salt, and decreased fruit and vegetable intake.
In South Africa few data are available regarding the diet of children and how the nutrition transition has affected their dietary intake. The only national survey in children was undertaken in , the National Food Consumption Survey NFCS , with no follow up for comparison to show trends and changes in diet [ 15 ]. Evidence from numerous local studies in South Africa with children and adolescents in both urban and rural areas suggests increases in fat, sugar and salt, due to consumption of energy dense snacks, fast food consumption, and sweetened beverages [ 16 , 17 , 18 , 19 ].
The two provinces selected were Gauteng GTG and the Western Cape WC , because they are the most rapidly urbanizing and wealthiest provinces, with extensive migration from rural areas to cities in search of jobs and a better quality of life [ 20 ]. Six strata were identified during the design phase, namely two provinces GTG and WC , with each having three areas of residence: urban formal, urban informal and rural areas. Formal areas include planned developments with roads, infrastructure and brick houses. Informal areas are unplanned developments with housing not made from formal building materials, also referred to as shacks.
A rural area is any area that is not classified as urban, and may comprise a tribal area, commercial farm or an informal settlement, and is so designated by Statistics South Africa [ 21 ]. All the enumerator areas EAs were identified in each stratum. A stratified two-stage sample design was used, with a probability proportional to size sampling of EAs at the first stage, and the systematic sampling of households HHs within the EAs at the second stage [ 22 ]. The p value for stunting was used, since the current study formed part of a larger study, which also looked at anthropometric status [ 9 ].
For the precision of estimates to be acceptable across regions, experience shows that a minimum of 50 interviews per stratum are needed, so that reliable estimations for indicators under investigation can be obtained. The final sample allocation reflects a power allocation of 0. A total of 84 EAs were selected from the six strata, 25 formal residential, 10 informal residential and 11 rural EAs in GTG, and 18 formal residential, 10 informal residential and 10 rural EAs in the WC.
Maps of relevant primary sampling units were generated and passed on to the respective fieldwork teams. An estimate was made of the total number of HHs in each EA, to determine the approximate number of qualifying HHs with children within the prescribed age interval in the EA.
A listing of eligible HHs was compiled in all selected EAs, which served as a sampling frame for the selection of HHs. HHs a maximum of 16 were then selected based on a predetermined fixed interval calculated to be specific to each EA , starting from a randomly determined point. A backup sampling frame was constructed in each EA, by asking members of the 16 selected HHs to identify nearby HHs with women and children of the appropriate age. One child in each randomly selected HH was included in the survey.
The exclusion criteria were as follows: children who were mentally or physically handicapped; children who were on a prescribed diet, e. The final weight was the product of the proportional and realization weights. The final post-hoc stratification weighting reflects the census population of the Western Cape and Gauteng provinces. Each province was led by a provincial dietitian, who was responsible for the overall management of the research teams in the two provinces.
Both GTG and the WC had two research teams each: teams included a team leader and two pairs of field workers for a total of 11 team members per province. The field workers were selected based on a minimum level of grade 12, i. Before data collection began, team leaders and field workers received a week-long extensive training session, according to a manual which had been developed for the purpose of the study, facilitated by experienced researchers in anthropometric measurements, as well as the delivery of sociodemographic questionnaires and other questionnaires.
After each training module the field workers practiced using the questionnaires through role play sessions with each other. The training session included standardizing the anthropometric measurements done by the field workers against a trained and experienced anthropometric researcher. At the end of the week, the field workers did a practical and written test based on case studies.