Clinical Psychology Section Abstract: Suicide prevention requres the adoption of multi-modal, comprehensive and integrated approaches. Recognising the need for scale and reach, digital technologies, such as websites, apps and sensors have been employed by suicide prevention agencies to assist in suicide prevention. Scientific studies of the effectiveness of these interventions is emerging.
The continued relevance of the mandament van spolie: Om besitsherstel te bewerkstellig en uitsetting om te keeris die mandament van spolie deur die respondente geopper. Hoewel die feite en omstandighede soortgelyk maar nie identies nie was, is die uitsprake taamlik uiteenlopend. In die derde geval was die mandament inderdaad suksesvol, hoewel die dakplate met plaasvervangende materiaal herstel moes word.
Die bydrae ontleed die drie sake in die lig van a die basiese beginsels van die mandament en die redes vir die remedie in die algemeen; en b die noodsaaklikheid al dan nie om die remedie te ontwikkel.
Dit wil voorkom of die mandament toenemend aangewend word om ander oogmerke, byvoorbeeld grondwetlike beskerming teen uitsetting, te bereik. Solank as wat die leemtes in die Uitsettingswet voortbestaan, is die mandament relevant, nie net as besitsherstelremedie nie, maar ook as meganisme om die belange van kwesbares — veral by onwettige uitsetting — uit te lig.
The continued relevance of the mandament van spolie 1 Introduction Section 26 3 of the Constitution provides that no person may be evicted from his or her home or have his or her home or shelter demolished without a court order and that a court order may only be granted after all relevant circumstances had been considered.
Yet, persons still lose their shelter or homes without a court order being granted. Three recent cases illustrate that the loss of a home or shelter, thereby effectively constituting eviction, may result from acts of dispossession, either of the home or shelter as a whole total destructionor some distinctive integral elements thereof such as removal of parts of a roof.
These acts of dispossession occurred unlawfully, in the absence of due process. Because they were effectively evicted without a court order being granted, the dispossessed and therefore effectively evicted, wanted restoration of their homes and shelters.
But how are persons so dispossessed and often displaced to be restored to their former living environments? On what basis can they return, speedily, to their homes or can their shelter be restored to them? What options are there when there is nothing left to return to, shelters and structures having been destroyed or demolished?
It is in this process of reclaiming homes and shelters that the restorative possessory remedies, in particular the mandament van spolie, may come into play. The aim of the article is to ascertain to what extent, if at all, the mandament van spolie is still relevant today — in a post-Constitutional South Africa — within the context of vulnerable occupiers and their housing and accommodation arrangements.
The question is important on two levels: Firstly, on a theoretical level, the role and function, as well as the limitations of the mandament as possessory remedy, need to be clarified.
Judgments in terms of which possessory remedies were claimed, with very similar facts and surrounding circumstances have resulted in dissimilar, divergent decisions.
Is it possible to adjust or extend its application? Should the plight of vulnerable occupiers be highlighted more in this process or should other relief, aimed at embodying constitutional imperatives, be developed instead? Are there any differences, theoretically and practically, between the common law and constitutional remedies in these circumstances?
Secondly, on a practical level, it is crucial to ascertain what options are available to persons who find themselves dispossessed evicted from their homes and shelters without the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act2 PIE having been instituted against them.
Therefore, the role of PIE and other possible options and their practical relevance within this context also needs further elaboration.
The aims of the article are achieved by firstly providing an overview of the general principles pertaining to the mandament van spolie, as well as its general applicability and the underlying reasons for employing it.
The mandament has been employed differently in case law — especially with regard to vulnerable occupiers. Of importance for this contribution, are the instances where case law development had occurred in relation to non-restoration or the impossibility of repossession.
Accordingly, special emphasis will be placed on these instances. The focus thereafter shifts to establish the link between dispossession and resultant eviction. In this regard the applicability of PIE and its present shortcomings in this context are identified.
Inevitably, the exposition underlines that PIE, contrary to the underlying aim of section 26 3 of the Constitution, is essentially reactive and responsive and is, where unlawful occupiers are concerned, not helpful where eviction has effectively already been orchestrated by way of dispossession or spoliation.
Within this context the mandament van spolie remains crucially relevant, though not necessary as a restorative remedy. The occupiers of the hostels had mostly been employed as migrant labourers in the mines during the colonial and apartheid periods and have occupied the hostels ever since.
As a result of the appalling state of the hostels, the City began addressing the problem in line with its general obligation in terms of section 26 of the Constitution, and its specific mandate according to the national housing plan.
It was clear that the hostel was in a deplorable state and that redevelopment was required. Consequently, the City entered into negotiations with the hostel residents in order to ensure that redevelopment of Block J of the hostels took place.
It was agreed that the residents would evacuate the premises and demolition of Block J would occur as the first step in the redevelopment process.
The City arranged alternative accommodation for the residents to ensure that they were not left displaced during the renovation of the hostels. However, the residents refused to vacate the hostels when the City wished to commence with the redevelopment.Recently, positive approaches to discipline, such as restorative practices, have been implemented in many schools to address school discipline concerns and to improve school climate.
Restorative practices is a philosophy that focuses on building positive relationships by changing mindsets. is and in to a was not you i of it the be he his but for are this that by on at they with which she or from had we will have an what been one if would who has her.
The continued relevance of the mandament van spolie: recent. developments relating to dispossession and eviction. Zsa-Zsa Boggenpoel. LLB LLD. Senior Lecturer, Department of Private Law, University of Stellenbosch. Walden Dissertations and Doctoral Studies Walden Dissertations and Doctoral Studies Collection The Utility of Restorative Justice in Urban Communities For Afro Americans Males Johnny Brooks The Utility of Restorative Justice in Urban Communities For Afro Americans Males by Johnny Brooks MPA, University of .
The goal of this course is to provide students with core concepts used in direct social work practice with client systems. An ecological/systems perspective of person-in-environment is used to anchor generic concepts for a range of practice situations.
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