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 study provides a brief overview of the most important legal instruments in the international, regional and national framework on the development and promotion of children’s rights. Basically, it examines the continuous and pervasive violation of children’s rights despite the progressive instruments that have been adopted to ensure the proper and effective realization of these rights. It focuses on three different countries in Africa: South Africa, Ethiopia and Nigeria because of the value-laden nature of the progressive laws adopted by these countries in the protection of children’s rights. Specific roles and actions taken by international, regional and national monitoring bodies are highlighted to indicate their effectiveness in promoting and fulfilling rights for children. Country reports on the situation of children are examined in the context of realization of salient rights for children amidst the different judicial, political and socio-cultural settings. Emerging judgments and judicial developments that have limited and advanced the realization of rights for children in the specific country context were explored. Conclusions and recommendations are made. / Public, Constitutional, and International Law / LL. M.

This study investigates the situation of Rwandan youth ex-combatants in the Democratic Republic of Congo (DRC). Specifically, the study examines how and why young people become involved in conflicts as fighters, how the conflict impacts upon them, and how the Disarmament, Demobilization, Rehabilitation and Reintegration programs set up by international aid agencies attempted to address the youth's special needs as they relate to reintegration in their home communities. By employing qualitative semi-structured interviews and group discussions with demobilized ex-combatant youth and other stakeholders in northern Rwanda, the study examines how the Western model and assumption of childhood and child soldiering has so far dictated the approaches of international aid agencies in response to the needs of young people in armed conflicts. The study challenges some of the assumptions and argues for a more representative and focussed approach that emphasizes on the socio-cultural context of the ex-combatants. The research shows how and why some youth voluntarily join armed groups. It also highlights the resilience of the youth in the midst of conflict and their ability to rebuild their lives. The findings of the research have some implications for the way the international aid agencies conceptualize and provide assistance to the young people affected by armed conflicts. It challenges the assumption held by the aid agencies regarding the exclusive emphases on victimization and trauma counselling, and refocuses on the need to rebuild the youth's resilience and coping strategies. / Sociology / MA (Sociology)

This study investigates the situation of Rwandan youth ex-combatants in the Democratic Republic of Congo (DRC). Specifically, the study examines how and why young people become involved in conflicts as fighters, how the conflict impacts upon them, and how the Disarmament, Demobilization, Rehabilitation and Reintegration programs set up by international aid agencies attempted to address the youth's special needs as they relate to reintegration in their home communities. By employing qualitative semi-structured interviews and group discussions with demobilized ex-combatant youth and other stakeholders in northern Rwanda, the study examines how the Western model and assumption of childhood and child soldiering has so far dictated the approaches of international aid agencies in response to the needs of young people in armed conflicts. The study challenges some of the assumptions and argues for a more representative and focussed approach that emphasizes on the socio-cultural context of the ex-combatants. The research shows how and why some youth voluntarily join armed groups. It also highlights the resilience of the youth in the midst of conflict and their ability to rebuild their lives. The findings of the research have some implications for the way the international aid agencies conceptualize and provide assistance to the young people affected by armed conflicts. It challenges the assumption held by the aid agencies regarding the exclusive emphases on victimization and trauma counselling, and refocuses on the need to rebuild the youth's resilience and coping strategies. / Sociology / MA (Sociology)

Education is since the inception of the world regarded as the formal process by which society conveys its accumulated knowledge, skills, customs and values from one generation to another. Today, education is a human right and the right to education and specifically the right to (a) basic education is acknowledged and emphasised worldwide. In South Africa, the right to a basic education is entrenched in the Constitution and is regarded as one of the most crucial constitutional rights, particularly because it promotes economical and social well-being. The protection of a child’s right to a basic education in terms of the South African Constitution together with the most important international instruments pertaining to education will be extensively discussed and the most important similarities and differences between, and challenges in the legal systems of South Africa, New Zealand and Namibia regarding a child’s right to (a) basic education will be addressed with due consideration of factors such as early childhood development and education, mother tongue education and HIV/AIDS which may affect a child’s right to (a) basic education. It is submitted that the success of any country, whether it is social, financial or economic success, depends on how its citizens are educated. Moreover, a good education system is crucial, not only for ensuring that its populace are well educated, but also for optimal human development and for the maintenance and preservation of socially responsive economic and political systems. Education is a life-long process and in order to give effect to the right to (a) basic education, the adoption and implementation of the recommendations made throughout this study are proposed. / Private Law / LL.D.

Education is since the inception of the world regarded as the formal process by which society conveys its accumulated knowledge, skills, customs and values from one generation to another. Today, education is a human right and the right to education and specifically the right to (a) basic education is acknowledged and emphasised worldwide. In South Africa, the right to a basic education is entrenched in the Constitution and is regarded as one of the most crucial constitutional rights, particularly because it promotes economical and social well-being. The protection of a child’s right to a basic education in terms of the South African Constitution together with the most important international instruments pertaining to education will be extensively discussed and the most important similarities and differences between, and challenges in the legal systems of South Africa, New Zealand and Namibia regarding a child’s right to (a) basic education will be addressed with due consideration of factors such as early childhood development and education, mother tongue education and HIV/AIDS which may affect a child’s right to (a) basic education. It is submitted that the success of any country, whether it is social, financial or economic success, depends on how its citizens are educated. Moreover, a good education system is crucial, not only for ensuring that its populace are well educated, but also for optimal human development and for the maintenance and preservation of socially responsive economic and political systems. Education is a life-long process and in order to give effect to the right to (a) basic education, the adoption and implementation of the recommendations made throughout this study are proposed. / Private Law / LL. D.