This dissertation evaluates the feasibility of extending restorative justice to school disciplinary action in South African schools. It considers developments in education and identifies relevant shortcomings before addressing them. The extension of restorative justice to school disciplinary action establishes a new way of thinking that has, until recently, not been applied to civil law. In Dikoko v Mokhatla (2007 (1) BCLR 1 (CC)) honourable justice Sachs ruled that any remedy applied in civil law must aim for the restitution of relationships, rather than punishment of the guilty party. Children are often on unequal footing compared to adults when it comes to prosecution or punishment and consequently they are exposed to excessive punitive measures, as illustrated by the Dey saga (Le Roux and Others v Dey 2011 (3) SA 274 (CC)). The implementation of restorative justice as an alternative to current school disciplinary action may result in limiting these excessive punishments. Because of the universal nature of the subject a comparison will be made to the successful implementation of restorative justice programs in the United Kingdom, Australia and New Zealand. The various departments of education in these countries have developed proactive strategies for managing students' behaviour. In New Zealand, schools place particular emphasis on the use of restorative practices, rather than suspension, to ensure the establishment of beneficial learning environments. Furthermore, parents’ and community members' involvement is encouraged by inter alia the National Safe Schools Framework, which has been implemented in Australia since 2003. These countries have long been regarded as leaders in the field of restorative justice. It is of the utmost importance to consider international trends due to the guidance that it can offer school governing bodies in South Africa. The principle of restorative justice has received extensive international support due to various practical tools that have been developed by the above-mentioned countries. Therefore, these tools are considered in order to assist governing bodies in determining the way forward in South African schools. / LLM (Comparative Child Law), North-West University, Potchefstroom Campus, 2015

Section 28(1)(d) of the Constitution guarantees a child the right to be protected against abuse. When a child’s constitutional rights are violated by an offender by means of sexual abuse and degradation, the state has a legal responsibility to restore that right. In determining whether the state is adhering to its legal responsibility to socially reintegrate sexually abused children, the Constitution, the VEP, the Victims’ Charter, the UPVM, legislation and one-stop centres were explored. It was found that none of these programs, charters and documents places an obligation on the state. Section 39(1)(b) of the Constitution states that the court must consider international law when interpreting the Bill of Rights. The CRC, ACRWC, United Nations Declaration of Basic Principles were studied. It was found that although South Africa is a signatory to everyone, it does not adhere to the principles stated in the respected document. Section 39(1)(c) of the Constitution states that the court may consider foreign law when interpreting the Bill of Rights. The dissertation does not consist of a comparative study. Each of Canada, Australia and New Zealand’s legislation was studied relating to compensation schemes in order to determine what lessons can be drawn from the three countries. It was found that each country has a unique compensation scheme. Although South Africa can learn from the way in which these schemes are administered and funded, the schemes of the three countries are not beyond critique. South Africa can therefore also take note of the negative aspects of the compensation schemes of the three countries so as to improve on it. It was found that through a literature study the state does not adhere to its legal responsibility to socially reintegrate sexually abused children. It is recommended that the state should consider implementing a state-funded compensation scheme to assist the children that have fallen victim to sexual abuse and degradation. / LLM, North-West University, Potchefstroom Campus, 2014

This dissertation evaluates the feasibility of extending restorative justice to school disciplinary action in South African schools. It considers developments in education and identifies relevant shortcomings before addressing them. The extension of restorative justice to school disciplinary action establishes a new way of thinking that has, until recently, not been applied to civil law. In Dikoko v Mokhatla (2007 (1) BCLR 1 (CC)) honourable justice Sachs ruled that any remedy applied in civil law must aim for the restitution of relationships, rather than punishment of the guilty party. Children are often on unequal footing compared to adults when it comes to prosecution or punishment and consequently they are exposed to excessive punitive measures, as illustrated by the Dey saga (Le Roux and Others v Dey 2011 (3) SA 274 (CC)). The implementation of restorative justice as an alternative to current school disciplinary action may result in limiting these excessive punishments. Because of the universal nature of the subject a comparison will be made to the successful implementation of restorative justice programs in the United Kingdom, Australia and New Zealand. The various departments of education in these countries have developed proactive strategies for managing students' behaviour. In New Zealand, schools place particular emphasis on the use of restorative practices, rather than suspension, to ensure the establishment of beneficial learning environments. Furthermore, parents’ and community members' involvement is encouraged by inter alia the National Safe Schools Framework, which has been implemented in Australia since 2003. These countries have long been regarded as leaders in the field of restorative justice. It is of the utmost importance to consider international trends due to the guidance that it can offer school governing bodies in South Africa. The principle of restorative justice has received extensive international support due to various practical tools that have been developed by the above-mentioned countries. Therefore, these tools are considered in order to assist governing bodies in determining the way forward in South African schools. / LLM (Comparative Child Law), North-West University, Potchefstroom Campus, 2015

Section 28(1)(d) of the Constitution guarantees a child the right to be protected against abuse. When a child’s constitutional rights are violated by an offender by means of sexual abuse and degradation, the state has a legal responsibility to restore that right. In determining whether the state is adhering to its legal responsibility to socially reintegrate sexually abused children, the Constitution, the VEP, the Victims’ Charter, the UPVM, legislation and one-stop centres were explored. It was found that none of these programs, charters and documents places an obligation on the state. Section 39(1)(b) of the Constitution states that the court must consider international law when interpreting the Bill of Rights. The CRC, ACRWC, United Nations Declaration of Basic Principles were studied. It was found that although South Africa is a signatory to everyone, it does not adhere to the principles stated in the respected document. Section 39(1)(c) of the Constitution states that the court may consider foreign law when interpreting the Bill of Rights. The dissertation does not consist of a comparative study. Each of Canada, Australia and New Zealand’s legislation was studied relating to compensation schemes in order to determine what lessons can be drawn from the three countries. It was found that each country has a unique compensation scheme. Although South Africa can learn from the way in which these schemes are administered and funded, the schemes of the three countries are not beyond critique. South Africa can therefore also take note of the negative aspects of the compensation schemes of the three countries so as to improve on it. It was found that through a literature study the state does not adhere to its legal responsibility to socially reintegrate sexually abused children. It is recommended that the state should consider implementing a state-funded compensation scheme to assist the children that have fallen victim to sexual abuse and degradation. / LLM, North-West University, Potchefstroom Campus, 2014

This study focuses on the sense of self of adolescents when they are reintegrated into schools after dropping out. Dropout is a global phenomenon and yet very little research has been undertaken regarding reintegration and especially the successful reintegration of adolescents and how this reintegration affects their sense of self. The goal of the study was to determine how reintegrated adolescents experience their reintegration into schools, and how this has affected them in terms of how they see themselves. The research hoped to discover what personal difficulties the adolescents had overcome in their return to school as well as the motivating factors that would keep the reintegrated adolescents in school. The research was conducted from a phenomenological Gestalt, field approach and followed a qualitative research design within an interpretivist framework. This research design allows the participants to give meaning to their own experiences. A total of six adolescent boys between the ages of 13 and 17 were purposefully selected from the informal settlement of Groenheuwel, Paarl in the Western Cape. Five of the six adolescents had been reintegrated into schools in 2011 and 2012 by the Khula Development Group. One adolescent participant was a peer educator and although he had never dropped out, he contributed meaningful data on how reintegrated adolescents are experienced as seen from his role as a peer educator. Other participants in the research included the Headmaster of Groenheuwel Primary School and the President and Project leader of the Khula Development Group. The qualitative data were collected in the form of individual open-ended interviews with the adolescents, project leader and headmaster. The researcher’s objective was to understand and interpret the meanings the participants gave to their own experiences, which was further done through observation, member checking, and a reflective group discussion including the application of an art technique. The interviews were recorded on DVD. The reflective group discussion was held with the adolescent participants two weeks after the individual interviews. The group discussion included an art technique, where the adolescents were asked to create their experiences of their return to school in clay. This session was also recorded on DVD. Recordings were transcribed by the researcher to ascertain certain emerging themes and categories. Thematic data analysis was used to transform the transcribed data into meaningful information. The principles and strategies for enhancing the trustworthiness of the data were done through crystallisation. The findings of the study revealed the unrealistic expectations with which the adolescents view their sense of self. / Thesis (MA (Psychology))--North-West University, Potchefstroom Campus, 2013

This study focuses on the sense of self of adolescents when they are reintegrated into schools after dropping out. Dropout is a global phenomenon and yet very little research has been undertaken regarding reintegration and especially the successful reintegration of adolescents and how this reintegration affects their sense of self. The goal of the study was to determine how reintegrated adolescents experience their reintegration into schools, and how this has affected them in terms of how they see themselves. The research hoped to discover what personal difficulties the adolescents had overcome in their return to school as well as the motivating factors that would keep the reintegrated adolescents in school. The research was conducted from a phenomenological Gestalt, field approach and followed a qualitative research design within an interpretivist framework. This research design allows the participants to give meaning to their own experiences. A total of six adolescent boys between the ages of 13 and 17 were purposefully selected from the informal settlement of Groenheuwel, Paarl in the Western Cape. Five of the six adolescents had been reintegrated into schools in 2011 and 2012 by the Khula Development Group. One adolescent participant was a peer educator and although he had never dropped out, he contributed meaningful data on how reintegrated adolescents are experienced as seen from his role as a peer educator. Other participants in the research included the Headmaster of Groenheuwel Primary School and the President and Project leader of the Khula Development Group. The qualitative data were collected in the form of individual open-ended interviews with the adolescents, project leader and headmaster. The researcher’s objective was to understand and interpret the meanings the participants gave to their own experiences, which was further done through observation, member checking, and a reflective group discussion including the application of an art technique. The interviews were recorded on DVD. The reflective group discussion was held with the adolescent participants two weeks after the individual interviews. The group discussion included an art technique, where the adolescents were asked to create their experiences of their return to school in clay. This session was also recorded on DVD. Recordings were transcribed by the researcher to ascertain certain emerging themes and categories. Thematic data analysis was used to transform the transcribed data into meaningful information. The principles and strategies for enhancing the trustworthiness of the data were done through crystallisation. The findings of the study revealed the unrealistic expectations with which the adolescents view their sense of self. / Thesis (MA (Psychology))--North-West University, Potchefstroom Campus, 2013