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An assessment of the constitutionality of section 7(1)(c) of the Domestic Violence Act / Christa BadenhorstBadenhorst, Christa January 2014 (has links)
Domestic Violence is a pervasive social evil which must be combated with every means possible. To this end, the legislator enacted the Domestic Violence Act, 116 of 1998 (hereafter referred to as the DVA) to provide for a fast and accessible process by which the victims of domestic abuse can obtain an interdict to protect themselves against further acts of violence. Section 7(1)(c) of the DVA allows for a court, when considering an application made for a protection order in terms of the Act, to make an order prohibiting the Respondent from entering the shared residence of the Applicant and Respondent. Section 7(1)(d) allows for a court, when considering an application as mentioned, to make an order prohibiting the Respondent from entering any specific part of the shared residence. It is argued that the orders provided for in sections 7(1)(c) and (d) amounts, de facto, to an order that evicts the Respondent from the shared residence. Evictions are a traumatic procedure for the person(s) concerned, and endangers a large variety of human rights. It should therefore be approached with extreme caution to ensure that no person’s fundamental rights are infringed. Section 26(3) of the Constitution of the Republic of South Africa, 1996 (hereafter referred to as the Constitution) determines that no person(s) may be evicted from their home without a valid order of court, which order should be granted only after taking into consideration all the relevant circumstances. Specific pieces of legislation have been enacted to regulate the eviction process, prescribing specific procedures and setting requirements for a legal eviction. When an order is given in terms of section 7(1)(c) of the DVA, these procedures are not followed and the requirements are not met, resulting in illegal evictions. These orders may further infringe upon certain fundamental rights of the Respondent, such as the constitutional property rights set out in section 25, and the right of access to the courts. The concerned sections of the DVA can be justified under section 36 of the Constitution. However, it is argued that the DVA is in practice frequently misused by applicants, to such an extent that it becomes a tool of abuse, defying the whole purpose of the Act and extreme caution should be used by presiding officers when considering applications for orders in terms of sections 7(1)(c) and (d) of the DVA. / LLM, North-West University, Potchefstroom Campus, 2015
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An assessment of the constitutionality of section 7(1)(c) of the Domestic Violence Act / Christa BadenhorstBadenhorst, Christa January 2014 (has links)
Domestic Violence is a pervasive social evil which must be combated with every means possible. To this end, the legislator enacted the Domestic Violence Act, 116 of 1998 (hereafter referred to as the DVA) to provide for a fast and accessible process by which the victims of domestic abuse can obtain an interdict to protect themselves against further acts of violence. Section 7(1)(c) of the DVA allows for a court, when considering an application made for a protection order in terms of the Act, to make an order prohibiting the Respondent from entering the shared residence of the Applicant and Respondent. Section 7(1)(d) allows for a court, when considering an application as mentioned, to make an order prohibiting the Respondent from entering any specific part of the shared residence. It is argued that the orders provided for in sections 7(1)(c) and (d) amounts, de facto, to an order that evicts the Respondent from the shared residence. Evictions are a traumatic procedure for the person(s) concerned, and endangers a large variety of human rights. It should therefore be approached with extreme caution to ensure that no person’s fundamental rights are infringed. Section 26(3) of the Constitution of the Republic of South Africa, 1996 (hereafter referred to as the Constitution) determines that no person(s) may be evicted from their home without a valid order of court, which order should be granted only after taking into consideration all the relevant circumstances. Specific pieces of legislation have been enacted to regulate the eviction process, prescribing specific procedures and setting requirements for a legal eviction. When an order is given in terms of section 7(1)(c) of the DVA, these procedures are not followed and the requirements are not met, resulting in illegal evictions. These orders may further infringe upon certain fundamental rights of the Respondent, such as the constitutional property rights set out in section 25, and the right of access to the courts. The concerned sections of the DVA can be justified under section 36 of the Constitution. However, it is argued that the DVA is in practice frequently misused by applicants, to such an extent that it becomes a tool of abuse, defying the whole purpose of the Act and extreme caution should be used by presiding officers when considering applications for orders in terms of sections 7(1)(c) and (d) of the DVA. / LLM, North-West University, Potchefstroom Campus, 2015
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Roles and responsibilities of forensic social workers in the family violence sexual offences unitJonkers, Geraldine January 2012 (has links)
South Africa, notwithstanding her comprehensive legislation, has disturbingly high figures of child sexual violence. These crimes and the low conviction rates should put any role-player within the field of sexual violence to shame. Concerns are raised that, unless trained professionals deal with child sexual abuse victims, we will fail to protect children from abuse and fail in our quest for justice. The South African police, in its efforts to prioritize crimes against women and children, employed forensic social workers.
This article presents the results of an explorative study of the role and responsibilities of the forensic social worker in the SAPS. Data was collected from three groups of participants (forensic social workers, state prosecutors and police investigating officers) according to a mixed method approach. Both qualitative (semi-structured interviews) and quantitative (statistical data) methods were therefore employed.
The forensic process is designed to answer a question of relevance to the legal system, which makes the role of the forensic social worker very specific. If roleplayers in the field of child sexual offences, however, are not entirely familiar with what forensic social work entails, it could not only complicate matters for the forensic social workers, but it could also mean that their services are not used optimally and effectively.
The findings of the study indicate that forensic social workers make a valuable contribution to the successful investigation of child sexual offences; however, in the absence of adequate continuous trainin training, supervision and consultation, they could fail in providing a proficient service. / Thesis (MSW (Forensic Practice))--North-West University, Potchefstroom Campus, 2013.
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Roles and responsibilities of forensic social workers in the family violence sexual offences unitJonkers, Geraldine January 2012 (has links)
South Africa, notwithstanding her comprehensive legislation, has disturbingly high figures of child sexual violence. These crimes and the low conviction rates should put any role-player within the field of sexual violence to shame. Concerns are raised that, unless trained professionals deal with child sexual abuse victims, we will fail to protect children from abuse and fail in our quest for justice. The South African police, in its efforts to prioritize crimes against women and children, employed forensic social workers.
This article presents the results of an explorative study of the role and responsibilities of the forensic social worker in the SAPS. Data was collected from three groups of participants (forensic social workers, state prosecutors and police investigating officers) according to a mixed method approach. Both qualitative (semi-structured interviews) and quantitative (statistical data) methods were therefore employed.
The forensic process is designed to answer a question of relevance to the legal system, which makes the role of the forensic social worker very specific. If roleplayers in the field of child sexual offences, however, are not entirely familiar with what forensic social work entails, it could not only complicate matters for the forensic social workers, but it could also mean that their services are not used optimally and effectively.
The findings of the study indicate that forensic social workers make a valuable contribution to the successful investigation of child sexual offences; however, in the absence of adequate continuous trainin training, supervision and consultation, they could fail in providing a proficient service. / Thesis (MSW (Forensic Practice))--North-West University, Potchefstroom Campus, 2013.
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Bemagtiging van adolessente slagoffers van gesinsgeweld = Empowerment of adolescent victims of family violenceOlivier, Annelie 30 November 2005 (has links)
The research deals with the empowerment of adolescent victims of family violence. The purpose of the study was to give an account of the therapeutic intervention process of two case studies, by means of a descriptive, qualitative type of research. This research was executed via semi-structured interviews by the researcher.
The population in the study was limited to adolescent victims between the age of twelve to eighteen years, who are victims of family violence. The sample in this study was two respondents. The children are students at a high school in Roodepoort.
After completion of the empiric study it was concluded that the adolescent who is exposed to family violence, is empowered if a therapeutic process - like the one suggested by Oaklander (1994:289) which applies gestalt play therapeutic techniques - is followed. As clearly shown in the literature, the researcher came to the conclusion that family violence has a destructive effect on the adolescent and that he can be empowered by gestalt play therapy.
OPSOMMING
Die navorsing handel oor die bemagtiging van adolessente slagoffers van gesinsgeweld. Die doel van die studie was om deur middel van 'n beskrywende, kwalitatiewe tipe navorsing die terapeutiese intervensieproses van twee gevallestudies te beskryf. Hierdie navorsing het met behulp van semi-gestruktureerde onderhoudvoering geskied.
Die populasie in die studie was begrens tot adolessente slagoffers tussen die ouderdom twaalf tot agtien jaar wat slagoffers van gesinsgeweld is. Die steekproef in hierdie studie was twee respondente. Die kinders is verbonde aan 'n hoërskool te Roodepoort.
Daar is na afloop van die empiriese studie tot die gevolgtrekking gekom dat indien 'n terapeutiese proses - soos wat deur Oaklander (1994:289) voorgestel word met die benutting van gestaltspelterapeutiese tegnieke - deurloop word, die adolessent wat aan gesinsgeweld blootgestel word, bemagtig word. Soos ook uit die literatuur duidelik blyk, het die navorser die afleiding gemaak dat gesinsgeweld vernietigend op die adolessent inwerk en dat hy deur gestaltspelterapie bemagtig kan word. / Social work / MDIAC (PLAY THERAPY)
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Bemagtiging van adolessente slagoffers van gesinsgeweld / Empowerment of adolescent victims of family violenceOlivier, Annelie 30 November 2005 (has links)
The research deals with the empowerment of adolescent victims of family violence. The purpose of the study was to give an account of the therapeutic intervention process of two case studies, by means of a descriptive, qualitative type of research. This research was executed via semi-structured interviews by the researcher.
The population in the study was limited to adolescent victims between the age of twelve to eighteen years, who are victims of family violence. The sample in this study was two respondents. The children are students at a high school in Roodepoort.
After completion of the empiric study it was concluded that the adolescent who is exposed to family violence, is empowered if a therapeutic process - like the one suggested by Oaklander (1994:289) which applies gestalt play therapeutic techniques - is followed. As clearly shown in the literature, the researcher came to the conclusion that family violence has a destructive effect on the adolescent and that he can be empowered by gestalt play therapy.
OPSOMMING
Die navorsing handel oor die bemagtiging van adolessente slagoffers van gesinsgeweld. Die doel van die studie was om deur middel van 'n beskrywende, kwalitatiewe tipe navorsing die terapeutiese intervensieproses van twee gevallestudies te beskryf. Hierdie navorsing het met behulp van semi-gestruktureerde onderhoudvoering geskied.
Die populasie in die studie was begrens tot adolessente slagoffers tussen die ouderdom twaalf tot agtien jaar wat slagoffers van gesinsgeweld is. Die steekproef in hierdie studie was twee respondente. Die kinders is verbonde aan 'n hoërskool te Roodepoort.
Daar is na afloop van die empiriese studie tot die gevolgtrekking gekom dat indien 'n terapeutiese proses - soos wat deur Oaklander (1994:289) voorgestel word met die benutting van gestaltspelterapeutiese tegnieke - deurloop word, die adolessent wat aan gesinsgeweld blootgestel word, bemagtig word. Soos ook uit die literatuur duidelik blyk, het die navorser die afleiding gemaak dat gesinsgeweld vernietigend op die adolessent inwerk en dat hy deur gestaltspelterapie bemagtig kan word. / Social work / MDIAC (PLAY THERAPY)
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