The abolition of corporal punishment in S v Williams and Others 1995 (3) SA 632 (CC) provided the state with the impetus to consider alternative sentencing options. Unsystematic efforts by the government to reform the juvenile justice system have failed abysmally. The government was forced to review its policies on juvenile sentencing. An examination of international trends reveals the imposition of stricter measures of punishment for serious and violent juvenile offenders. Community-based sentencing options are used mainly for first-time offenders. The focus has also shifted from punishment and retribution to prevention and treatment. It is advocated that serious and violent juvenile offenders be incarcerated in secure-care facilities and/or juvenile prisons and that community-based sentencing options be utilised for first-time offenders. The government should also design programmes that deal with situations that lead to crime and delinquency / Criminal and Procedural Law / LL.M. (Law)

Juvenile delinquency amongst school-going adolescents is a growing concern in South Africa. Initiatives by policy-makers, educationists and school authorities, amongst others, have not yielded the desired changes in learner behaviour. This dissertation focuses on adolescent delinquency amongst learners in Gauteng secondary schools, with the precise aim of making recommendations to address the problem. An extensive literature review was conducted. An interpretive-constructivist paradigm with a mainly qualitative design was followed. A questionnaire and focus group interviews were administered to teachers. The findings confirmed the researcher’s view that juvenile delinquency in schools is escalating and warrants attention and intervention from all stakeholders. The main conclusion drawn from this research was that current policies and interventions on learner behaviour had no impact because policy-makers lacked the necessary will to ensure that interventions were implemented, reviewed and monitored. This study argues for a multi-pronged approach to address the problem. The Gauteng Department of Education (GDE) should review its policies and approach to the problem, and support teachers to ensure that teaching and learning remain the main priority of schooling. Future research could explore the role of social ills in the South African context on the development of learners’ antisocial behaviour. / Educational Foundations / M. Ed. (Socio-Education)

Submitted in fulfilment of the requirements of the Degree of Master's in Public Management, Durban University of Technology, 2017. / The purpose of the study explores the perception and experiences of students regarding weapons in schools, in a bid to create a peaceful and conducive learning environment. This study concentrated on four high schools in Umgungundlovu District. Students, educators and principals were asked to participate in this study on a voluntary basis. The study recognises that existing data related to weapons in South African schools is largely anecdotal. The significance of the study is that it collected data related to the weapons in schools and used data to inform recommendations on ways in which we can make schools safer places to the young people and staff. This was a mixed methods survey; however, the bulk of the findings were drawn from the quantitative data, which was conducted through surveys. The qualitative data was collected in interviews and in focus group discussions. The data revealed that a high proportion of students have seen weapons in school, which might be an indication that weapons find easy access onto school premises. The results revealed the types of weapons brought to schools. Knives were the weapons most seen at school followed by guns, while some other weapons mentioned were pepper sprays, screwdrivers, pangas and bats The study showed that in other schools, drugs, alcohol, substance abuse were reported in the sample. Among the contributing factors raised by the respondents on the reasons for the presence of weapons onto schools were the issue of drugs, alcohol, bullying, fights among students, and being involved on gang activities. Some policy recommendations regarding school security measures were proposed on the basis of the findings which were drawn from this study. As part of the study, it is recommended that the Department of Education ensure that all South African schools implement well-documented discipline policies, a code of conduct and school rules for their school which must clearly indicate seriousness of carrying a weapon in school as well as the consequences of misbehaviour. The policy must have steps to be followed by the principals and or educators where there are elements of misconduct against the students and sanctions to be issued if the student is found guilty. Other recommendations were made in line with the findings based on the results. Limitations of the study were further pointed out. / M

Youth crime has been and still is a social problem in South Africa. It is a problem that shakes the very fabric of the society. The problem with the youth in modern society is both a national concern and an important subject for academic study. High school environments are where youths converge for learning purposes, but they have also turned to hotspots for crime. Different theories on explanations for high school crime have been developed over time. This particular study, conducted in 2008, adopts the criminal opportunity theory to study the social, economic and the demographic characteristics of selected environments in which high schools are located to determine significant factors that are conducive for high schools to be crime hotspots. Three schools were selected in different neighbourhoods in East London for the study. The study used an intensive case design technique to conduct the research. Different characteristics of the communities in which the schools that were studied were located showed different crime pattern. The Law enforcement agencies also realize these differences and they try to address crime issues in various communities in the study areas individually

MA (Youth Development) / Institute of Gender and Youth Studies / See the attached abstract below

The judicial system is moving away from a retributive justice system to a more rehabilitative, restorative justice system. Diverting youth offenders from the justice system by alternative sentencing options such as diversion programmes is one way of doing this. Jt was found that a need exists for the development of a therapeutic programme for the rehabilitation of youth offenders in South Africa. The purpose of the study was to detennine the content of therapeutic rehabilitation programme and subsequently to develop a provisional therapeutic programme for youth offenders. The first part of the literature study summarized a number of theories used to explain the incidence of youth offence. The second part of the literature study discussed various risk factors that could lead to youth offence. Thirdly, the juvenile justice system in South Africa was discussed. Finally, the characteristics of effective rehabilitation programmes were discussed and a number of international and South African rehabilitation programmes were evaluated in tenns ofthese characteristics. In the literature study certain aspects for inclusion in a rehabilitation programme were identified. A list of topics that should be addressed by a rehabilitation programme was drawn up. A provisional therapeutic programme was compiled using the information gained from the literature study and the needs for a programme as identified by staff members at the facility where the programme was to be conducted. The programme was based on experiential learning. lt included a number of activities that addressed the topics identified by the literature study. The provisional programme was evaluated in tenns of its short-term effectiveness and adjustments to the programme were made. The adjusted programme was conducted at two other facilities and evaluated in tenns of its short-term effectiveness by the researcher, the staff at these facilities and the youth who took part in the programme. Staff at the two facilities where the empirical study took place were asked to complete questionnaires to identify their needs with regards to a rehabilitation programme as well as background questionnaires on the youth who were taking part in the programme. Recommendations for further improvements of the programme were made. / Psychology of Education / D. Ed. (Psychology of Education)

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 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)

The judicial system is moving away from a retributive justice system to a more rehabilitative, restorative justice system. Diverting youth offenders from the justice system by alternative sentencing options such as diversion programmes is one way of doing this. Jt was found that a need exists for the development of a therapeutic programme for the rehabilitation of youth offenders in South Africa. The purpose of the study was to detennine the content of therapeutic rehabilitation programme and subsequently to develop a provisional therapeutic programme for youth offenders. The first part of the literature study summarized a number of theories used to explain the incidence of youth offence. The second part of the literature study discussed various risk factors that could lead to youth offence. Thirdly, the juvenile justice system in South Africa was discussed. Finally, the characteristics of effective rehabilitation programmes were discussed and a number of international and South African rehabilitation programmes were evaluated in tenns ofthese characteristics. In the literature study certain aspects for inclusion in a rehabilitation programme were identified. A list of topics that should be addressed by a rehabilitation programme was drawn up. A provisional therapeutic programme was compiled using the information gained from the literature study and the needs for a programme as identified by staff members at the facility where the programme was to be conducted. The programme was based on experiential learning. lt included a number of activities that addressed the topics identified by the literature study. The provisional programme was evaluated in tenns of its short-term effectiveness and adjustments to the programme were made. The adjusted programme was conducted at two other facilities and evaluated in tenns of its short-term effectiveness by the researcher, the staff at these facilities and the youth who took part in the programme. Staff at the two facilities where the empirical study took place were asked to complete questionnaires to identify their needs with regards to a rehabilitation programme as well as background questionnaires on the youth who were taking part in the programme. Recommendations for further improvements of the programme were made. / Psychology of Education / D. Ed. (Psychology of Education)