Aantekeninge: Verblyfvergunning is nie outomaties habitatio nie en totale skade omvat skade gely weens inbreuk op die eiser se vervullingsbelang

According to the headnote attached to the most recent decision under discussion, the litigation turned on the quantification of the total loss suffered by M as alleged holder of a right of habitatio after S as reputed owner of the farm revoked the verbal agreement between the parties entitling M to occupy the dwelling ad infinitum on condition that he renovates the dwelling to a habitable state. Notwithstanding the conviction of the judges involved, it is clear that at no stage were any of the requirements for the acquisition or vesting of a limited real right of habitatio complied with. No limited real right was registered against the farm and S as the alleged grantor of the limited real right was at no stage the owner of the property. He could not have been entitled to burden the property of another with such limited real right. A contractual arrangement between the parties, however, did exist granting the claimant an entitlement to occupy the dwelling. The initially friendly relations between the litigants soured abruptly in February 2013 when S evicted M from the farm because of a supposed blasphemous comment by M. This happened after the claimant had already invested significantly in the restoration and modernisation of the old dilapidated dwelling. “The plaintiff regarded this as a repudiation of the contract between him and the defendant, accepted it as such and left the farm, effectively halting the renovation project” (par 14 read with par 5.4 of the 2016-decision). His claim for compensation of the loss suffered was held by the court to be limited to the amounts reflected in the receipts representing the cost of building material when it was acquired. It is submitted that the court should also have taken note of the loss suffered as positive interest, because the claimant forfeited the calculated benefit of life-long free occupation in the restored dwelling. Because of the underlying agreement between the parties to the litigation, the patrimonial benefit that accrued to the estate of the owner of the farm due to the objective rules of accessio cannot be classified as actionable unjustified enrichment. The principles of unjustified enrichment do not apply – the resulting detriment or loss of M was cum causa and not sine causa. The remarks of the court pointing to unjustified enrichment do not convince. Damages should have been calculated to cover the loss in positive interest of the claimant and not merely his negative interest, ie the amounts paid for the building material used in the renovation. The court, however, held: “I’m satisfied that the plaintiff has adduced sufficient evidence to prove his claim for the costs of renovating the farmhouse on a balance of probabilities” (par 23). The last mentioned mode of quantification of the loss suffered would have been more in place where merely a delict was involved, as eg where the damaged motor vehicle should be repaired to the state it was in before the accident occurred. Had the judges in this case done a correct assessment of loss upon cancellation for breach of contract, it would have led to a respect of the rule of law and would not have been to the detriment of the claimant. The legal principles that should have been applied had already been clearly formulated more than a century ago: “The sufferer by such a breach should be placed in the position he would have occupied had the contract been performed, so far as that can be done by the payment of money, and without undue hardship to the defaulting party …” Victoria Falls & Transvaal Power Co Ltd v Consolidated Langlaagte Mines Ltd (1915 AD 1 22).

AN INVESTIGATION OF RESIDENTS’ PERCEPTIONS OF POSITIVE FESTIVAL IMPACTS, COMMUNITY ATTACHMENT AND WELL-BEING: A STUDY ON THE JAMESON FESTIVAL, VICTORIA FALLS, ZIMBABWE

The Study aims to examine residents’ perception of positive festival impacts, social cohesion and cultural benefits on the relationship between community attachment and well-being. An integration of the Social Exchange and Affect Theories are employed to develop and test a conceptual model that test the interrelationships. The quantitative research approach is used to conduct the study on resident attendees of the Jameson Festival in Victoria Falls, Zimbabwe. Via the convenience sampling technique data are collected. Results of the study indicate that festivals foster community cohesiveness and community attachment. They also show that the perceived positive festival impact: community cohesiveness is strongly related to community attachment and well-being; community attachment mediates the relationships. Contrarily, though the relationship between festival cultural preservation and community attachment was partially supported, there was no significant association to well-being. The theoretical implications of the study lay mainly on the introduction of a new theory to the festival body of studies and the study’ findings shed light and direction on practical implications and future directions for festival organizers and scholars

Extent of Application of Fourth Industrial Revolution Technologies to Enhance Tourism Sustainability: A Case of Selected Tourism Operators in Victoria Falls

This study sought to analyse the extent of the application of Fourth Industrial Revolution techniques (4 IR) in the tourism sector of Zimbabwe using the Victoria Falls as a case study. The objective of the study was to analyse the effectiveness of 4IR technologies on the competitiveness amongst tourist operators and to determine strategies that could be adapted to improve the use of 4IR technological trends. A sample of 96 tourist respondents were used in the study, as well as 30 tour operators. The study also used probability sampling through systematic random sampling for tourists and non-probability sampling through random sampling for tour operators. The findings clearly showed that pre-travel technologies used by tour operators have enhanced tourists choice of patronage. However, on-site technologies used by tour operators were limited acording to tourists who indicated that they were not satiesfied with the extent to which on-site technologies were applied. The reasons behind slow adoption of 4IR technologies by most operators emanated from lack of managerial skills, lack of expertise and lack of desire to innovate. The study recommended that operators should urgently adopt the use of artificial intelligence, they should budget towards technological upgrading as well as installation of cyber crime security systems. Organisations should also invest in digital transformation.

DEVELOPING A RESORT DESTINATION THROUGH THE EYES OF THE TOURIST

One of the fundamental ways of enhancing destination development and sustainability is through the satisfaction of the tourists, as it provides ripple effects for the destination. The purpose of this paper was to assess the value of integrating views of the tourists in the development of a resort destination - Victoria Falls in Zimbabwe. The study followed a quantitative research design in testing seven critical elements of the tourism product drawn from literature which include accommodation, activities and tours, accessibility, attractions, facilities, image and price from the tourist visiting Victoria Falls, Zimbabwe. Data from 377 respondents were collected using systematic sampling and analysed using IBM23 Statistical Package for Social Science (SPSS). The results of this study underscore the importance of integrating the views of tourists as a fundamental element in the growth and development of a sustainable tourist destination. The tourists’ evaluation of the seven elements of the tourism product further revealed the price of the offering as deeming too high, while attractions, image, accommodation and activities and tours were the outstanding elements of the resort destination’s tourism product. A mixed reaction (mainly neutral), were noted on the accessibility and the facilities of the resort destination tourism product.

Implications of Misleading News Reporting on Tourism at the Victoria Falls, Zimbabwe

The tourism sector plays a major role in the economic development of a number of countries in the Global South, particularly Southern Africa. One such country is Zimbabwe, which struggles with significant economic hardships and relies heavily on the tourism sector. The Victoria Falls, a key tourism attraction of Zimbabwe on the Zambezi River was the subject of a plethora of news articles published between November 2019 and January 2020. The media suggested that the world’s largest waterfall had dried up due to climate change induced drought. These reports arose during the dry season and were thus arguably ill-founded and downplayed the natural seasonal characteristics of the Zambezi River. This paper presents content analysis of these media articles and the phenomenological qualitative data analysis of interviews conducted with tourism operators in Victoria Falls. Although some of the articles published within this period strived for accurate reporting, some articles claimed that the Victoria Falls was dry, which was inconsistent with experiences of tourism operators. This inaccurate reporting is argued by the tourism operators to have negatively affected the tourism sector and destination image of the key attraction. This paper highlights the need for accurate science-based media reporting on weather, climate, climate change and the knowledge of the local tourism stakeholders within the tourism sector.