M.A. / The study aimed to investigate the subjective experiences of sexually abused children who testify in criminal courts in South Africa. As few research studies have addressed this problem, particularly from a qualitative perspective, the researcher identified a need to explore the issue further. In addition, it was believed that it would be useful to examine the topic from a both-and perspective. In other words, to investigate the positive and the negative aspects of the experience. The impact of other systems, such as courtroom preparation programmes, and individuals on the research participants was also addressed by the study. The researcher's intention was to honour the four participant's individual narratives. Thus, working from a social constructionist framework was appropriate, as such a framework highlights the existence of multiple realities. Although there are similarities across the four narratives, each one represents a unique reality as experienced by the respective participants. The following points reflect some of the most salient findings of the research: • There appears to be a strong link between receiving positive support and coping with the task of testifying. • Attending a courtroom preparation programme seems to impact very favourably on a child's ability to testify in criminal court. • Testifying in sexual abuse cases can be both traumatic or stressful, for example, having to see and identify the alleged perpetrator, and healing or empowering, for example, being able to put an end to the abuse by speaking out. • Courtroom reforms have gone a long way towards improving conditions for child witnesses. Nevertheless, the current situation is still far from ideal as many inconsistencies and obstacles characterize the legal domain as it relates to child witnesses. • The participants emphasized that they have a right to be respected and heard. In order to respect and satisfy the rights and needs of child witnesses, further research needs to be undertaken to ascertain their actual needs. Children need to become active participants in the reform process.

It is common knowledge that owing to their particular vulnerability children worldwide falls prey to physical and/or sexual violence in the home and/or community or witness criminal acts. Consequently children are called upon to testify in a court of law to cruelties or acts of violence. As a result of their developmental shortcomings and immaturity, children find the criminal justice system extremely intimidating and challenging. The importance of realising a justice system that not only affords an accused person the right to a fair trial but also protects and safeguards the rights of the child victims of and witnesses to the crime is thus indisputable. The purpose of this research was therefore to assist the South African criminal justice system in its on-going challenge to find a balance between the right of the accused person to a fair trial and the protection and safeguarding of the rights of child victims and child witnesses. The protection and safeguarding of the rights of child victims and child witnesses in terms of the South African Constitution, applicable domestic law and international instruments relating thereto were extensively discussed and shortcomings identified. Possible solutions to ensure that child witnesses and child victims are adequately protected and supported during the trial stage of the criminal process were advanced. Particular emphasis was placed on the role of an intermediary in assisting child victims and child witnesses during the court process. Comparative research on the protection of child victims and child witnesses in the criminal justice systems of New Zealand and Namibia were also conducted. Conclusions drawn from comparative studies were used to recommend appropriate changes to the current system. It is submitted that the adequate protection and safeguarding of the rights of child victims and child witnesses are dependent not only on sound legal principles but also on governmental and other involved stakeholders’ commitment toward the realisation of these rights. In order to give proper effect to the protection and safeguarding of child victims’ and child witnesses’ rights, it is proposed that the recommendations made throughout this study should be adopted and implemented. In this regard the role of an intermediary is crucial and the use of intermediaries should be promoted. / Private Law / LL.D.