Mr final individu

The short film originating from this makes visible a suspended moment, in the meanders of her psyche, where she ponders whether or not to live her pleasure, mixing life and death drives, physiological and pathological pathologies. The monologue at the end of the film reintroduces the debate between Charcot and Freud on the origins of the state of torpor, the loss of consciousness, inanimate body, state of exaltation, passionate state, suspension of the will Sabina Spielrein, Destruction as the Cause of Coming into Being. Freud will shatter the organismic theories of Charcot, scoring hysterical ecstasy as a psychic pathology, whose care requires an intelligible device bound to language and not a mise en abime, a spectacle with the doctor as the master of ceremony. She identifies the two hypotheses as an external authority upon her body, both attempting to format her behaviour.

Mr final individu

In the Cape of Good Hope Provincial Division the respondent instituted an action for damages in the sum of R against the appellant as the first defendant. Considering that the Minister of Law and Order had an interest in the action the respondent joined him as the second defendant.

When the matter proceeded to trial the second defendant was unrepresented and the action was resisted only by the appellant. In what follows reference will be made to the respondent as "the plaintiff" and to the appellant as.

The plaintiff succeeded in his action against the defendant. The trial judge King J ordered the defendant to pay damages in the sum of R50interest thereon, and costs. No costs were ordered against the Minister of Mr final individu and Order.

With leave of the court a 3 quo the defendant appeals against the whole of the judgment of King J. In what follows recourse will be had to the judgment as reported when reference is made to the trial court's findings of fact and law.

In the judgment the evidence adduced at the trial is explored at some length. For present purposes a summary of the material facts Mr final individu the matter will suffice.

At the beginning of the academic year the plaintiff, who was then a man in his mid-thirties, was a final-year LL. B student at the University of Cape Town. For 4 some days thereafter he was held in the police cells at Caledon Square. From 3 May to 6 October the plaintiff was detained at Pollsmoor Prison "the prison".

The said regulations expired on 10 June whereafter the plaintiff's detention was in terms of reg 3 of the Security Emergency Regulations see Proc R97 of 10 June It is to the period of his detention at the prison, which lasted some five months, that the plaintiff's action relates.

The legality of his arrest and his detention thereafter is not in issue.

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What is in issue is the propriety or otherwise of the conditions in which he was held at the prison. The plaintiff's case was that the manner in which he was treated involved an aggression upon his person and an unlawful infraction of his fundamental personality rights. The plaintiff's chief complaint was that, save 5 for two brief periods being respectively from 12 to 20 July and 29 September to 6 October he was unlawfully segregated from all other prisoners at the prison in circumstances amounting to effective solitary confinement.

In addition thereto the plaintiff complained that during his detention he had been subjected to unlawful treatment in a number of other ways "the ancillary complaints". The ancillary complaints were that the prison authorities 1 had failed to allow the plaintiff to exercise indoors when the weather did not permit outdoor exercise; 2 had failed to allow plaintiff access to books and magazines other than study material from outside the prison; 3 had failed to allow the plaintiff to receive regular newspapers and foodstuffs from outside the prison; 4 had failed to allow the plaintiff to write and receive more than two letters per week until 28 September, 6 whereafter the plaintiff was allowed to write and receive four letters per week; 5 had failed to allow the plaintiff access to the centrally broadcast radio system, save for the last three weeks when he was hospitalised, or, alternatively, had failed to allow the plaintiff to have and use an FM radio; 6 had failed to allow the plaintiff reasonable access to a television set or to video screenings.

Preparatory to a consideration of the plaintiff's aforementioned complaints in the court below the trial judge affirmed as a general principle at C-D applicable to the case before him - " Each of the two judicial utterances is well-known and oft-quoted in this branch of our law.

They are, in my view, of such cardinal importance that it is useful to repeat them in this judgment. To appreciate their proper significance it is necessary to see in what particular context each was made.

The decision was unanimous but of the five judges of appeal who sat, three Lord de Villiers CJ, Innes J, and Solomon J each delivered a separate judgment.

Mr final individu

Whittaker was an awaiting-trial prisoner unable to raise the bail to which he had been admitted. During his detention he was segregated from other awaiting-trial prisoners and kept in solitary confinement.

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He 8 maintained that in various ways he had been subjected to improper treatment. Morant's case was broadly similar. They instituted an action for damages against the governor of the Johannesburg Prison and the Director of Prisons. The judgment in their favour by the trial court was upheld by this court.

The ratio decidendi was that the object of the detention of an awaiting-trial prisoner is to secure his appearance at his trial; that there had been a differentiation between the treatment accorded to the plaintiffs and that accorded to other awaiting-trial prisoners which was neither warranted by the prison regulations nor required by the necessities of prison discipline; and that the exceptional severity involved in such discrimination, particularly in the case of Whittaker, had been tantamount to a substantial punishment.Home.

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