In this project the various International Instruments, namely the United Nations Convention of the Rights of the Child; 1989, the Beijing Rules and the African Charter, relating to the guidelines of the establishment of a minimum age for criminal capacity are furnished. The developments regarding the issue of criminal capacity since 1998 in Australia, the United Kingdom and Hong Kong are highlighted. The historical position and the current position in South African law with regard to the issue of criminal capacity are discussed as well as the implementation thereof by our courts. The statistics on children under 14 years in prison over the past five years are furnished. The introduction of the Child Justice Bill, 2002 by Parliament and the deliberations following the introduction, focusing on the issue of criminal capacity is highlighted. The proposed provisions of the Child Justice Bill, 49 of 2002 codifying the present common law presumptions and the raising of the minimum age for criminal capacity are furnished. The evaluation of criminal capacity and the important factors to be assessed are discussed as provided for in the Child Justice Bill, 49 of 2002. A practical illustration of a case where the criminal capacity of a child offender was considered by the court is, discussed and other important developmental factors that should also be taken into consideration by the court are identified and discussed. Important issues relating to criminal capacity, namely, time and number of assessments, testimonial competency of the child offender, evolving capacities and age determination are discussed and possible problems identified and some solutions offered. The research included an 11-question questionnaire to various professionals working in field of child justice regarding the issue of criminal capacity and the evaluation thereof. / Criminal and Procedural law / D.Litt. et Phil. (Criminology)

In this project the various International Instruments, namely the United Nations Convention of the Rights of the Child; 1989, the Beijing Rules and the African Charter, relating to the guidelines of the establishment of a minimum age for criminal capacity are furnished. The developments regarding the issue of criminal capacity since 1998 in Australia, the United Kingdom and Hong Kong are highlighted. The historical position and the current position in South African law with regard to the issue of criminal capacity are discussed as well as the implementation thereof by our courts. The statistics on children under 14 years in prison over the past five years are furnished. The introduction of the Child Justice Bill, 2002 by Parliament and the deliberations following the introduction, focusing on the issue of criminal capacity is highlighted. The proposed provisions of the Child Justice Bill, 49 of 2002 codifying the present common law presumptions and the raising of the minimum age for criminal capacity are furnished. The evaluation of criminal capacity and the important factors to be assessed are discussed as provided for in the Child Justice Bill, 49 of 2002. A practical illustration of a case where the criminal capacity of a child offender was considered by the court is, discussed and other important developmental factors that should also be taken into consideration by the court are identified and discussed. Important issues relating to criminal capacity, namely, time and number of assessments, testimonial competency of the child offender, evolving capacities and age determination are discussed and possible problems identified and some solutions offered. The research included an 11-question questionnaire to various professionals working in field of child justice regarding the issue of criminal capacity and the evaluation thereof. / Criminal and Procedural law / D.Litt. et Phil. (Criminology)

The aim of this explorative and descriptive study was to develop an action plan for criminologists to become specialised practitioners within the South African child justice system. An exploratory, sequential, mixed-methods approach was used, where data was collected during the first phase using a self-administered, semi-structured questionnaire, including closed- and open-ended questions. The questionnaire was distributed to members of the Criminological Society of Africa (CRIMSA), as well as criminologists, magistrates, and other experts in the field of child law, known to the researcher. Sixteen questions were posed to collect data, consisting of nine Likert scale questions and seven open-ended questions. A semi-structured interview schedule was employed during the second phase of the study, to conduct 22 face-to-face and telephonic interviews with experts in the field of child law, probation officers, social workers, and criminologists. Descriptive data analysis was utilised during the first, and thematic analysis during the second phase of this study. The findings indicate that the absence of a regulating, professional body, limits career opportunities for criminologists as far as exercising their skills in practice. Furthermore, it was established that the role and function of criminologists, and the academic field of criminology, remain unfamiliar to various practitioners in the human science professions. Subsequently, criminologists are often considered mere crime researchers with limited applied skills for use in the South African criminal justice system. Though it was proven that, at least to some degree the academic training of criminologists is deficient, it was established that criminologists have a unique skill-set that places them in a unique position to execute various functions within the child justice sector as part of a multi-disciplinary team. Findings suggest that the Child Justice Act (75 of 2008) should be amended to facilitate the inclusion of criminologists in the South African child justice sector. / Die doel van hierdie verkennende en beskrywende studie was om ʼn aksieplan vir kriminoloë te ontwikkel om hulle in staat te stel om gespesialiseerde praktisyns in die Suid-Afrikaanse kindergeregtigheidstelsel te word. ʼn Verkennende, opeenvolgende, gemengdemetode-benadering is gebruik waar data gedurende die eerste fase ingesamel is deur middel van ’n selfgeadministreerde vraelys, wat geslote en oop vrae ingesluit het. Die vraelys is versprei onder lede van die Kriminologiese Vereniging van Suider-Afrika (CRIMSA), asook kriminoloë, landdroste en ander kundiges op die gebied van kinderreg wat aan die navorser bekend is. Altesame 16 vrae is gestel om data in te samel, wat uit nege Likert-skaalvrae en sewe oop vrae bestaan het. ’n Halfgestruktureerde onderhoudrooster is gedurende die tweede fase van die studie gebruik om 22 onderhoude van aangesig tot aangesig asook telefoniese onderhoude met kundiges op die gebied van kinderreg, proefbeamptes, maatskaplike werkers en kriminoloë te voer. Beskrywende dataontleding is gedurende die eerste, en tematiese ontleding gedurende die tweede fase van hierdie studie gebruik. Die bevindings dui aan dat die afwesigheid van ’n regulatoriese, professionele liggaam loopbaangeleenthede vir kriminoloë beperk wat die uitoefening van hul vaardighede in die praktyk betref. Daar is voorts vasgestel dat die rol en funksie van kriminoloë, en die akademiese gebied van kriminologie, onbekend aan verskeie praktisyns in die geesteswetenskapberoepe is. Kriminoloë word gevolglik dikwels bloot as navorsers met beperkte toegepaste vaardighede vir gebruik in die Suid-Afrikaanse strafregspleging beskou. Hoewel bewys is dat die akademiese opleiding van kriminoloë in ’n mate ontoereikend is, is vasgestel dat kriminoloë ’n unieke stel vaardighede besit wat hulle in ’n unieke posisie plaas om as deel van ’n multidissiplinêre span verskeie funksies in die kindergeregtigheidsektor uit te voer. Bevindings dui daarop dat die “Child Justice Act” 75 van 2008 gewysig behoort te word om vir die insluiting van kriminoloë in die Suid-Afrikaanse kindergeregtigheidsektor voorsiening te maak. / Sepheo sa phuputso ena ya kutullo le tlhaloso e ne e le ho hlahisa morero wa ketso bakeng sa ditsebi tsa tsa botlokotsebe hore ebe basebetsi ba ikgethang sistiming ya Afrika Borwa ya toka ya bana. Ho latetswe katamelo ya kutullo, ya mekgwa e kopaneng e latellanang. Tlhahisoleseding e bokelleditswe nakong ya mokgahlelo wa pele wa phuputso ho sebediswa lethathamo le dipotso le iketsetswang, le nang le sebopeho se sa fellang le nang le dipotso tse kwetsweng le tse butsweng. Lethathamo la dipotso le fuwe ditho tsa Mokgatlo wa Ditsebi tsa tsa Botlokotsebe le Ditsebi tsa tsa ho ba Phofu wa Afrika e Borwa (Criminological Society of Southern Africa (CRIMSA)), hammoho le ditsebi tse ding tsa tsa botlokotsebe, bommasterata le ditsebi tse ding lekaleng la molao wa bana. Ho botsitswe dipotso tse 16 ho bokella tlhahisoleseding; di ne di kenyelletsa dipotso tse robong tsa Likert-scale le tse supileng tse butsweng. Tlhophiso ya sebopeho se sa fellang ya inthavu e sebedisitswe mokgahlelong wa bobedi wa phuputso ho etsa diinthavu tsa phuputso tsa batho ba shebaneng mahlong le tsa mohaleng le ditsebi lekaleng la molao wa bana, diofisiri tsa batshwaruwa ba sa tswa lokollwa, di-social worker le ditsebi tsa tsa botlokotsebe. Manollo ya tlhaloso ya datha e sebedisitswe nakong ya mokgahlelo wa pele wa phuputso le manollo ya ditema nakong ya mokgahlelo wa bobedi. Diphetho di supa hore tlhokeho ya setheo se laolang sa seprofeshenale e sitisa menyetla ya mesebetsi ya ditsebi tsa tsa botlokotsebe hobane e kgina menyetla ya bona ya ho sebedisa ditsebo tsa bona tshebetsong. Ho feta moo, ho fumanwe hore mosebetsi wa ditsebi tsa tsa botlokotsebe, lekala la dithuto lefapheng la tsa botlokotsebe, di ntse di sa tsebahale ho basebetsi ba fapaneng diprofesheneng tsa mahlale a botho. Ka lebaka leo, ditsebi tsa tsa botlokotsebe hangata di nkwa e le bafuputsi feela ba tsa botlokotsebe ba nang le botsebi bo itseng ba ka nkang karolo sistiming ya Afrika Borwa ya toka ya botlokotsebe. Leha ho ile hwa pakwa hore thupelo dithutong tsa ditsebi tsa tsa botlokotsebe e ya fokola ka tsela e itseng, ho fumanwe hore ditsebi tsa tsa botlokotsebe di na le bokgoni bo ikgethileng bo di behang sebakeng se ikgethileng sa ho etsa mesebetsi e fapaneng lekaleng la toka ya bana jwalo ka karolo ya dihlopha tsa mafapha a fapaneng. Diphetho di supa hore Molao wa Toka ya Bana (75 wa 2008) o lokela ho fetolwa ho dumella kenyelletso ya ditsebi tsa tsa botlokotsebe lekaleng la toka ya bana Afrika Borwa. / Criminology and Security Science / Ph. D. (Criminal Justice)

Annexure E: Criminal Capacity Check List (pages 61-62) is in English. The Afrikaans or Xhosa version of this document is also available on request / The aim of this explorative and descriptive study was to establish if criminologists could assist in the criminal capacity assessment of children in conflict with the law. A qualitative approach was utilised in order to obtain an in-depth understanding of the current criminal capacity assessment process and the role players involved in the process. Data were collected by means of a semi-structured interview schedule. Individual and focus group interviews were conducted with child justice practitioners. Purposive sampling was employed and data were analysed according to the methods of Rabiee as well as Morse and Field. The findings of this study indicate that the current one-dimensional medico-legal assessment approach is not in the best interest of the child. A shortage of human resources, ineffective assessment tools, inadequate training of role players, and operational problems in the criminal capacity assessment process, are all factors that hamper a successful child-centred approach. A multi-disciplinary approach was found to be the most suitable approach to assess children in conflict with the law. It was concluded that professionals from disciplines such as social work, criminology, probation work, psychology and psychiatry should form part of the multi-disciplinary criminal capacity assessment team. The important role that criminologists can play as part of this team was acknowledged in this study. It was furthermore established that the role and function of criminologists, as well as the study field of criminology, are still unfamiliar to various practitioners in the human sciences professions. Criminologists are also still regarded as crime researchers with limited practical applications in areas of the Criminal Justice System. / Criminology and Security Science / M.A. (Criminology)

The aim of this exploratory study was to investigate the Western Cape Province's non-governmental child diversion programme compliance with the Minimum Programme Outcomes Standards developed by the Department of Social Development for programme accreditation. The Minimum Standards focus on optimal diversion outcomes for children in conflict with the law and were designed to ensure good diversion practice. The juvenile justice system has determined child diversion as a rehabilitative and cost-effective alternative justice option, positively contributing towards the curbing of re-offending among child offenders. The research process was guided by a mixed method approach and utilised a structured questionnaire as well as comments and information stated by the respondents during the interview process. The questionnaire was applied to a representative sample of non-governmental diversion programme facilitators of the various diversion programme types to determine the level of programme compliance and to evaluate the implications that the results might hold for programme participants, service providers, as well as for the accreditation process. The results of the study revealed a high level of Minimum Programme Outcomes Standards compliance, with an average of 83%. These results indicate that, in general, the programmes provided by non-governmental diversion service providers are complying with the Minimum Standards and are thereby ensuring good diversion practice. This should positively influence their eligibility for programme accreditation by the Department of Social Development. At the same time. the results of the study have pointed towards other challenges. which were evaluated and discussed. / Criminology / Criminology and Security Science / M.A. (Criminology)

The aim of this explorative study is to establish if psychiatric disorders influence the criminal capacity of child offenders. A qualitative approach was adopted in the study to develop an in-depth understanding of the issues pertaining to criminal capacity assessments for child offenders with psychiatric disorders. The risks associated with various psychiatric disorders in relation to childhood criminality, and the methods that are used to deal with child offenders who suffer from psychiatric disorders, were also explored. The data collection tool for this study was a semi-structured interview schedule. Telephonic and face-to-face interviews were conducted with child justice and mental health experts from four provinces in South Africa, namely, KwaZulu-Natal, Gauteng, Eastern Cape and Western Cape. These experts included psychiatrists, psychologists, social workers, academic professors of law, a criminologist and an advocate. Snowball sampling was employed and although this is a pure qualitative study, the open coding, axial coding and selective coding process from the grounded theory was applied to analyse and interpret the data. The findings from this study indicate that psychiatric disorders are a risk factor associated with the causation of criminal behaviour. A high prevalence of psychiatric disorders, such as intellectual disability, learning disorder, attention deficit hyperactivity disorder, oppositional defiant disorder and conduct disorder, were generally found in children in conflict with the law. The influence and consequences of these psychiatric disorders, in conjunction with environmental and societal factors, were found to influence criminal behaviour and were highlighted as factors that ought to be taken into consideration when determining the criminal capacity of a child who is in conflict with the law. Findings from the study identified that adequate recognition was not granted to the influence of a psychiatric disorder in the assessment of a child‟s criminal capacity. It was established that, in the criminal capacity assessment, the emphasis should not be on the psychiatric disorder per se, but on the effect that the disorder and associated symptoms may have on the child‟s ability to distinguish between the wrongfulness of their actions and to act in accordance with this understanding. Operational challenges and ambiguities identified in the legislative framework pertaining to child offenders with psychiatric disorders were found to negatively influence criminal capacity assessments for children in conflict with the law. The lack of services available to child offenders with psychiatric disorders, as well as child offenders without psychiatric disorders, was found to hamper the best interest of the children in conflict with the law. Lastly, legislative and service recommendations for good practice to deal with child offenders with psychiatric disorder were identified by the experts. / Criminology and Security Science / M.A. (Criminology)

Annexure E: Criminal Capacity Check List (pages 61-62) is in English. The Afrikaans or Xhosa version of this document is also available on request / The aim of this explorative and descriptive study was to establish if criminologists could assist in the criminal capacity assessment of children in conflict with the law. A qualitative approach was utilised in order to obtain an in-depth understanding of the current criminal capacity assessment process and the role players involved in the process. Data were collected by means of a semi-structured interview schedule. Individual and focus group interviews were conducted with child justice practitioners. Purposive sampling was employed and data were analysed according to the methods of Rabiee as well as Morse and Field. The findings of this study indicate that the current one-dimensional medico-legal assessment approach is not in the best interest of the child. A shortage of human resources, ineffective assessment tools, inadequate training of role players, and operational problems in the criminal capacity assessment process, are all factors that hamper a successful child-centred approach. A multi-disciplinary approach was found to be the most suitable approach to assess children in conflict with the law. It was concluded that professionals from disciplines such as social work, criminology, probation work, psychology and psychiatry should form part of the multi-disciplinary criminal capacity assessment team. The important role that criminologists can play as part of this team was acknowledged in this study. It was furthermore established that the role and function of criminologists, as well as the study field of criminology, are still unfamiliar to various practitioners in the human sciences professions. Criminologists are also still regarded as crime researchers with limited practical applications in areas of the Criminal Justice System. / Criminology and Security Science / M.A. (Criminology)

This study aimed to explore and describe the role perceptions of social workers working with children who have been sentenced to compulsory residence due to being in conflict with the law. Exploratory, descriptive, and contextual research designs were applied in using a qualitative research approach. The researcher collected the data using semi-structured interviews with all the social workers working with children sentenced to compulsory residence at Bosasa Child & Youth Care Centres. The data analysis was done using the eight steps identified by Tesch (in Creswell, 2014:198). The data verification was accomplished using Guba’s model (in Krefting, 1990:214-220). The research study provided valuable conclusions and recommendations to different role-players who have an interest in the role of social workers working with children sentenced to compulsory residence. The findings indicated the importance of regular training for social workers who work with children sentenced to compulsory residence to help children to deal with risk factors that may increase the probability of offences occurring. / Social Work / M.A. (Social Science, Social Work)

The aim of this exploratory study was to investigate the Western Cape Province's non-governmental child diversion programme compliance with the Minimum Programme Outcomes Standards developed by the Department of Social Development for programme accreditation. The Minimum Standards focus on optimal diversion outcomes for children in conflict with the law and were designed to ensure good diversion practice. The juvenile justice system has determined child diversion as a rehabilitative and cost-effective alternative justice option, positively contributing towards the curbing of re-offending among child offenders. The research process was guided by a mixed method approach and utilised a structured questionnaire as well as comments and information stated by the respondents during the interview process. The questionnaire was applied to a representative sample of non-governmental diversion programme facilitators of the various diversion programme types to determine the level of programme compliance and to evaluate the implications that the results might hold for programme participants, service providers, as well as for the accreditation process. The results of the study revealed a high level of Minimum Programme Outcomes Standards compliance, with an average of 83%. These results indicate that, in general, the programmes provided by non-governmental diversion service providers are complying with the Minimum Standards and are thereby ensuring good diversion practice. This should positively influence their eligibility for programme accreditation by the Department of Social Development. At the same time. the results of the study have pointed towards other challenges. which were evaluated and discussed. / Criminology and Security Science / M.A. (Criminology)

Children are the most vulnerable group. Their protection should be a priority for society. In particular, those who are accused of committing crime need to be protected from entering the criminal justice system and measures should be put in place to prevent the stigmatisation associated with having a criminal record. Such protection is endorsed by section 28 of the Constitution of the Republic of South Africa (1996).This study outlines the role played by a probation officer in the diversion process. This was achieved by examining international and national instruments that promote the protection of children in conflict with the law. The Child Justice Act No. 75 of 2008 forms part of national instruments. It provides guidelines for probation officers and other stake holders in the justice system on how to deal with children who are accused of committing crimes. Recommendations on the identified challenges and gaps are made. / Corrections Management / M.A. (Corrections Management)