- You have to have seen the crime being committed or have REASONABLE and JUSTIFIABLE belief that the suspect committed the crime. You do not want to be in a situation where you are held for unlawful arrest
- Be careful! If you confront a suspect, firstly be safe, you do not know what that suspect has done in his life. He may have killed several people and may be willing to kill you to escape. Inform the suspect that he/she is under arrest. They must lie down, arms and legs apart and not move. Get the Police or a Security official to the scene as quickly as possible. Criminals seldom work on their own. If you are alone, you may be outnumbered and get into danger.
- Be aware of excessive force! Use the force necessary to affect the arrest, and then stop immediately. Make sure to not cut off blood supply when tying his/her hands. This can get you into real trouble in a civil case.
- Do NOT manipulate the crime scene. It is important to remember to remain within the law at all times. Hand the suspect over to SAPS as soon as possible, and do not try to tell police officials how to do their jobs (this can happen when you are pumped full of adrenaline).
Every South African Citizen has the right to live in a crime free community. We also have a right to assist in keeping our communities safe, by making use of a ‘Citizens Arrest’.
What is a Citizen Arrest?
Any South African citizen may execute an arrest for "any conspiracy, incitement, or attempt to commit any offense", pertaining to any Schedule 1 offense, as determined by THE CRIMINAL PROCEDURES ACT OF 1977, Act 51, and THE CRIMINAL LAW AMENDMENT ACT OF 2007, Section 3 and 4.
This arrest essentially does not require a warrant in order for it to be effective.
“Arrest” is defined under the Criminal Procedure Act (51 of 1977) section 39 and 40 as a method of securing a person, reasonably suspected of having committed a crime. It is not punishment; it is not means for you to kick someone’s head in.
The main thing to remember is to FORGET what you see on US television. ‘Miranda Rights’ do not apply in SA. You do not have to read them to the suspect. What you do have to do is to explain to the suspect why you have detained them. Another thing to remember is: MINIMUM FORCE NECESSARY. This outlines that the person making the arrest cannot use excessive force, in relation to what the suspect is showing. In an extreme example; you cannot shoot a suspect if he is throwing stones at you.
These are a few rules to follow when affecting Citizens Arrest:
SOME SCHEDULE ONE OFFENCES
1. House breaking
2. Malicious injury to property
3. Robbery (Hijacking, mugging)
7. Assault with intent to do grievous bodily harm (GBH)
8. Indecent Assault
9. Any attempt at one of the above
Whereas it is comforting to know that we all have this right, you need to be made aware of the weight it bears. One wrong move and you could be in as much trouble as the suspect!
|Kim Hofmann, Dietitian|
Food has a lot of power over a lot of people. For some it can cause anxiety around mealtimes, others are consumed with food thoughts all day. For some it even has the power to change their moods! We all enjoy and desire food to a certain extent. But do you feel weak because you cannot resist certain food? Is it so bad that you don’t keep that food in the house?
One of the reasons why foods have power over us is because we judge, shame or limit ourselves around that food. We wish that we didn’t crave it, we worry that we will lose control over it, we think that eating it will make us gain weight. We label it as ‘bad’. And the guilt that we feel when eating it takes away all of the enjoyment of it.
So a strategy to regain your power over the food is to eat it more often— every day, even at every meal. Allow yourself to eat it with no limit. No shame, no guilt, no fear of losing control. Change the way you think and behave around that food. Knowing you can have it as often as you want makes it less appealing.
By not labeling a food as ‘good’ or ‘bad’, it stops having power over you. Food is just food. Try to view food in a more neutral way. Instead of thinking a food is ‘good’ or ‘bad’, look at it for what it really is. Try to describe food in the most neutral, non-judgmental way possible. This means that you are taking your emotional connection to the food out of the equation. So it is no longer your ‘all-time favorite apple crumble’, it is simply slices of apples with an oat crumble that has been baked.
When you want to eat, also start thinking what it is that you would really like to eat. Take a step back from the immediate thought of ‘I want that chocolate’ and think about what food you actually want to nourish your body. Pay attention as to how your body feels when you eat a certain food. Are you tired? Does your stomach hurt? Your body is communicating with you all the time. Learn to listen to it. And remember that you can choose to eat any food that you want to, without any judgment. You are not being ‘bad’ and are not ‘off your diet’.
Take it a step further and when you eat, eat slowly, focusing solely on the food, tasting and enjoying each and every bite. This will help you identify what tastes you truly enjoy as well as how your body reacts to the food. When we are mindful we are less likely to overeat, as we can feel when our taste buds and our bodies are satisfied!
The hardest thing for people is to trust themselves. Many of my clients don’t believe that they have the power to stop eating a food. Give yourself permission to enjoy all foods (even if you just want to do it for a week before you put a strict structure in place again!) and don’t think about your weight or being off your diet. Just be neutral around any food, listen to what your body is saying, and enjoy the food that you choose to eat.
Do you Eat to Live or Live to Eat – The Power of Food Scale
This tool was developed to assess the psychological impact of today’s food-abundant environments. The higher you score on this survey, the more likely it is that you ‘Live to Eat’.
Using the following scale, indicate from 1-5 which of the following best describes you:
1 Don’t agree at all
2 Agree a little
3 Agree somewhat
5 Strongly agree
1. I find myself thinking about food even when I’m not physically hungry.
2. I get more pleasure from eating than I do from almost anything else.
3. If I see or smell a food I like, I get a powerful urge to have some.
4. When I’m around a fattening food I love, it’s hard to stop myself from at least tasting it.
5. It’s scary to think of the power that food has over me.
6. When I know a delicious food is available, I can’t help myself from thinking about having some.
7. I love the taste of certain foods so much that I can’t avoid eating them even if they’re bad for me.
8. Just before I taste a favorite food, I feel intense anticipation.
9. When I eat delicious food I focus a lot on how good it tastes.
10. Sometimes, when I’m doing everyday activities, I get an urge to eat “out of the blue” (for no apparent reason).
11. I think I enjoy eating a lot more than most other people.
12. Hearing someone describe a great meal makes me really want to have something to eat.
13. It seems like I have food on my mind a lot.
14. It’s very important to me that the foods I eat are as delicious as possible.
15. Before I eat a favorite food my mouth tends to flood with saliva.
Scoring: Add up your responses and divide the total by 15.
10 – 23 You are unlikely to be preoccupied with food or lose control over eating. You ‘Eat to Live’.
24 – 36 You are somewhat preoccupied with food but are unlikely to have a problem unless you’re significantly overweight.
37 – 50 You are frequently preoccupied with food and at risk of losing control over your eating. This is especially problematic if you are also significantly overweight. You ‘Live to Eat’
Feline Upper Respiratory Infection
‘Cat flu’ or ‘snuffles’ as it is sometimes called is a very common illness in cats. Symptoms can vary greatly depending on the severity of the infection and also the type of virus causing the infection.
Most cases of ‘cat flu’ are caused by infection with the following viruses:
• feline calicivirus (FCV)
• feline herpes virus (FHV, or FHV-1 also known as feline rhinotracheitis virus)
Although these two viruses are responsible for about 90% of upper respiratory infections, there are other organisms that can contribute to the infection:
• Bordetella bronchiseptica (may be a cause of sneezing, nasal discharge and sometimes coughing )
• Chlamydophila felis (this is mainly a cause of ocular disease – conjunctivitis
The incubation period of cat flu is around 2-10days
How will you know if your cat has ‘flu’?
The first signs of infection are usually:
• runny eyes
• loss of appetite
Your cat may look as if it has a cold
As the infection progresses bacterial infections may take hold which can lead to:
• the development of ulcers in the mouth and eyes
Kittens, young cats and cats whose immune systems are compromised such as very old cats or those suffering from FIV, FeLV or other illnesses, are more likely to develop serious complications due to secondary bacterial infections which can lead to death.
HOW IS IT SPREAD?
Feline Respiratory disease is highly contagious virus is found in the saliva, tears and nasal discharges of infected cats and can survive in the environment for up to 10 days. Your cat will be susceptible to infection if:
• it comes into contact with an infected cat
• comes into contact with a carrier cat
• if you have been in contact with an infected cat the virus can be carried home to your cat on your clothes and other objects such as food bowls.
SO WHAT SHOULD YOU DO?
If you your cat is showing any of the above signs a trip to your vet is first priority.
Do not be tempted to treat your cat with your own flu remedies!
Many of these contain aspirin or acetaminophen, which are toxic in cats!
What will the vet do?
Although viruses are the cause of feline upper respiratory disease, bacterial infections will take advantage of your cats challenged immune system and can be detrimental to your cat’s recovery. Depending on the severity of the symptoms, your vet will probably prescribe symptomatic treatments such as antibiotics, eye ointments, nebulization to help relieve blocked nasal passages and fluid therapy.
Good nursing care is essential for these patients. Cats with ‘cat flu’ become depressed easily, are very reluctant to eat as they have blocked noses or ulcerated mouths. Encouraging them to eat by feeding soft, slightly warmed, aromatic food is extremely important as poor nutrition hinders the healing process. It is important to keep the eyes and nose free of discharges and to keeping the cat warm and comfortable.
Many cats that have recovered from feline upper respiratory disease become carriers of the virus. These cats often show no symptoms of the illness but continue to shed the virus in saliva, tears and nasal discharge and are therefore a source of infection to other cats. Some will show signs of being carriers when put in a stressful environment such as a cattery. However, most cats will eventually eliminate the virus from their systems.
CAN IT BE PREVENTED?
Vaccinating your cat is the most effective way of controlling this disease.
Although vaccination cannot always prevent mild infections from occurring it is essential in preventing the development of severe disease.
With the dismantling of apartheid and the birth of a democratic South Africa in 1994, much effort has been made by government to address the scars and inequality left by apartheid. One such effort was to enact legislation to entitle those who had been dispossessed of property through racist laws or practices after 19 June 1913, to receive their original land back or to receive state land; alternatively to receive financial compensation.
To this end the 1994 Restitution of Land Rights Act was passed. People who had been dispossessed of their land had until December 1998 to lodge a claim for the restoration with the Land Claims Commission. According to a Western Cape Government website post, it is estimated that a total of 67 531 claims were lodged before the deadline.
The 1994 Restitution of Land Rights Act was amended late last year to, amongst other things, extend the cut-off date for the lodgment of restitution claims. The initial cut-off time date of 31 December 1998 is now changed to 30 June 2019.
The South African Constitution gave people and communities who had been dispossessed of land after 19 June 1913 as a result of racially discriminatory laws or practices the right to restitution of that property or to fair compensation.
The restitution process is managed by the Land Claims Commissioner and broadly follows the following steps:
Phase 1 Lodgment and registration of a claim
Phase 2 Screening and categorization
Phase 3 Determination of qualification in terms of section 2 of the Restitution Act
Phase 4 Negotiations
Phase 5 Settlement
Phase 6 Implementation of settlement
The Land Claims Court hears disputes arising from the Restitution of Land Rights Act (1994), the Land Reform (Labour Tenants) Act (1996) and the Extension of Security of Tenure (1997).
RESIDENTIAL PROPERTY PURCHASES AND POSSIBLE LAND CLAIMS
It appears that a majority of the claims relate to agricultural land. However, not exclusively so and many Cape Town suburbs, including properties in Harfield Village, were the subject matter of land claims.
One cannot predict the future and guess whether or not your current property in Harfield Village will become subject to such a claim; or if standing in the shoes of a purchaser, whether the home you are so interested in buying, may shortly become the subject of such a claim.
As such, parties who are concerned should obtain legal advice regarding the likelihood and impact of such a claim.
In areas where land claims are likely, purchasers often include specific safeguards in their sale agreements, under the clause dealing with guarantees and warranties, requiring a seller to guarantee that no claim for the restitution of the property has been made and that the Regional Land Claims Commissioner has not issued any notice in respect of a land claim under the Restitution of Land Rights Act 22 of 1994.
The notice referred to above is the notice that the Commissioner is obliged to publish in the Government Gazette to confirm that a claim meeting the administrative requirements has been received. (It does not yet mean the claim has been accepted or investigated.) However, once such notice has been published, -
(a) no person may in an improper manner obstruct the passage of the claim;
(b) no person may sell, exchange, donate, lease, subdivide, rezone or develop the land in question without having given the Regional Land Claims Commissioner one month’s written notice of his or her intention to do so, and, where such notice was not given in respect of -
(i) any sale, exchange, donation, lease, subdivision or rezoning of land and the Court is satisfied that such sale, exchange, donation, lease, subdivision or rezoning was not done in good faith, the Court may set aside such sale, exchange, donation, lease, subdivision or rezoning or grant any other order it deems fit;
(ii) any development of land and the Court is satisfied that such development was not done in good faith, the court may grant any order it deems fit”.
The warranty that deals with the Regional Land Claims Commissioner is the key aspect of which few prospective, often seasoned farmers or land owners are aware. Thus, whilst a property cannot be developed or sold once such claim has been lodged, such sale or development of the property can happen if written notice in the required format is provided to the Regional Land Claims Commissioner one month before such intention is realized. After such notice to the Regional Land Claims Commissioner the seller can continue to sell the property.
Accordingly, it is vitally important that you as a buyer take the necessary precautions to ensure that sufficient guarantees and warranties are provided by the seller in terms of the purchase agreement. This will help avoid later regret and the suspension of development on the newly purchased property and ensure that the expansion of your farm and legacy is the asset it deserves to be.
It is possible to determine with a fair degree of accuracy whether a piece of land is subject to a claim by a community through enquiry at the local land claims office or by reviewing claims published in the Government Gazette.