Cynical evictions and the possessory action in search of an appropriate remedy
- Phillips, Jeremy Alan https://orcid.org/0000-0003-2046-0744
- Authors: Phillips, Jeremy Alan https://orcid.org/0000-0003-2046-0744
- Date: 2021-11
- Subjects: Eviction
- Language: English
- Type: Master's theses , text
- Identifier: http://hdl.handle.net/10353/22434 , vital:52285
- Description: A cynical eviction is an unlawful eviction where, in the course of the eviction, the evictee's home is destroyed. They are a notorious brand of eviction which has darkly coloured South Africa's history and social geography. And they persist still to this day. The cynicality of a cynical eviction lies in the fact that because the home, and its composite materials, are destroyed, application of the mandament van spolie is precluded. With the obvious remedy barred, there is academic and judicial disagreement about which remedy should be used instead. Some have argued that, despite the technical difficulties, the mandament van spolie should be relied on, while others insist that the extraordinary constitutional remedy, crafted in the Tswelopele case, is the best option. This dissertation argues that there are obvious shortcomings with both two remedies, and investigates whether a third remedy, the possessory action, might be better-suited. It finds that, while the possessory action has many benefits, it too is deficient in some respects. It ultimately concludes that all three remedies are only, at best, partially appropriate for addressing cynical evictions and that whichever remedy is the most appropriate in the instant cynical eviction should be preferred for that particular case. , Thesis (LLM) -- Faculty of Law, 2021
- Full Text:
- Date Issued: 2021-11
- Authors: Phillips, Jeremy Alan https://orcid.org/0000-0003-2046-0744
- Date: 2021-11
- Subjects: Eviction
- Language: English
- Type: Master's theses , text
- Identifier: http://hdl.handle.net/10353/22434 , vital:52285
- Description: A cynical eviction is an unlawful eviction where, in the course of the eviction, the evictee's home is destroyed. They are a notorious brand of eviction which has darkly coloured South Africa's history and social geography. And they persist still to this day. The cynicality of a cynical eviction lies in the fact that because the home, and its composite materials, are destroyed, application of the mandament van spolie is precluded. With the obvious remedy barred, there is academic and judicial disagreement about which remedy should be used instead. Some have argued that, despite the technical difficulties, the mandament van spolie should be relied on, while others insist that the extraordinary constitutional remedy, crafted in the Tswelopele case, is the best option. This dissertation argues that there are obvious shortcomings with both two remedies, and investigates whether a third remedy, the possessory action, might be better-suited. It finds that, while the possessory action has many benefits, it too is deficient in some respects. It ultimately concludes that all three remedies are only, at best, partially appropriate for addressing cynical evictions and that whichever remedy is the most appropriate in the instant cynical eviction should be preferred for that particular case. , Thesis (LLM) -- Faculty of Law, 2021
- Full Text:
- Date Issued: 2021-11
Sources of advertisement messages and their impacts on purchasing behaviour: a case study of Walter Sisulu University students
- Oladimeji, Olawumi Kate https://orcid.org/0000-0002-6577-0140
- Authors: Oladimeji, Olawumi Kate https://orcid.org/0000-0002-6577-0140
- Date: 2013-11
- Subjects: Mass media -- Social aspects , Advertising -- Social aspects
- Language: English
- Type: Master's theses , text
- Identifier: http://hdl.handle.net/10353/24824 , vital:63599
- Description: The purpose of this research was to investigate the sources of advertisement messages and the impacts they have on the buying behaviour of students of Walter Sisulu University (WSU), and examine whether traditional mass media advertising still influences the students’ decision to buy and whether advancement in communication technology affects how the students receive information. This study also investigated the impact of traditional mass media advertising in comparison to new media advertising. Questionnaires were administered to students of WSU, Mthatha campus. The survey was conducted within the period of February 2013 – March 2013. The desired sample size was 270 students. A final sample of 220 valid responses was analysed, representing 81percent of the desired sample. The study revealed that majority are aware of television while billboards and direct mails have the least awareness. The results also revealed that 78percent of the respondents felt that traditional mass media still influences their buying behaviour, (90percent) of the respondents prefer the traditional mass media advertising. This study demonstrated that the students of WSU are aware and exposed to the various sources of advertisement messages. In addition, existing literature and this research report have shown that the various mediums have distinctive characteristics which make them unique. In spite of the advent of modern technology, the traditional mass media still influences buying behaviour with television being the most influential media. , Thesis (MSoc) -- Faculty of Social Sciences and Humanities, 2013
- Full Text:
- Date Issued: 2013-11
- Authors: Oladimeji, Olawumi Kate https://orcid.org/0000-0002-6577-0140
- Date: 2013-11
- Subjects: Mass media -- Social aspects , Advertising -- Social aspects
- Language: English
- Type: Master's theses , text
- Identifier: http://hdl.handle.net/10353/24824 , vital:63599
- Description: The purpose of this research was to investigate the sources of advertisement messages and the impacts they have on the buying behaviour of students of Walter Sisulu University (WSU), and examine whether traditional mass media advertising still influences the students’ decision to buy and whether advancement in communication technology affects how the students receive information. This study also investigated the impact of traditional mass media advertising in comparison to new media advertising. Questionnaires were administered to students of WSU, Mthatha campus. The survey was conducted within the period of February 2013 – March 2013. The desired sample size was 270 students. A final sample of 220 valid responses was analysed, representing 81percent of the desired sample. The study revealed that majority are aware of television while billboards and direct mails have the least awareness. The results also revealed that 78percent of the respondents felt that traditional mass media still influences their buying behaviour, (90percent) of the respondents prefer the traditional mass media advertising. This study demonstrated that the students of WSU are aware and exposed to the various sources of advertisement messages. In addition, existing literature and this research report have shown that the various mediums have distinctive characteristics which make them unique. In spite of the advent of modern technology, the traditional mass media still influences buying behaviour with television being the most influential media. , Thesis (MSoc) -- Faculty of Social Sciences and Humanities, 2013
- Full Text:
- Date Issued: 2013-11
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