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 and Security Science / M.A. (Criminology)

Throughout the world, the need to protect children’s rights has proliferated through international conventions and national laws, therefore, parents add immense value as participants in diversion programmes. The dearth of research studies on parents as participants in diversion programmes is documented internationally and in South Africa. This is an exploratory-descriptive- contextual and phenomenological study that is steeped in qualitative research approach. The study was guided by Risk-Need Responsivity Model for offender assessment and rehabilitation (Bonta & Wormith, 2010). Data collection was done through semi-structured, face-to-face interviews. Snow-ball and purposive sampling were used. Prior to actual data collection, pilot testing was conducted to determine the validity and reliability of the data collection tool. Data was analysed through thematic content in accordance with Creswell’s (2014:196) six steps of data analysis and verified according to Lincoln and Guba’s model of 1994 and Yin’s 2018 model. In order to ensure adherence to ethical prescripts, the following were applied throughout the study; informed consent, confidentiality, anonymity, beneficence, management of information and debriefing. The key finding is that parents are not involved in the diversion prorammes. This study will close literature gap whilst it recommends development of policy guidelines for parental involvement in diversion. / Social Work / M.A.(Social Work)

MA (Youth in Development) / Institute for Gender and Youth Studies / High school crime has become a major problem all over the world including South Africa. The aim of this study was to explore the nature, causes and effects of youth crime amongst learners in high schools in Nzhelele East Circuit. Three high schools known for high crime rate were purposefully selected. A mixed method approach was adopted. Focus groups were conducted among the Life Orientation teachers in the selected schools to collect qualitative data, and questionnaires were administered to learners to collect quantitative data. Purposive sampling was used to sample Life Orientation teachers for the focus groups. Stratified random sampling was used to survey 40 grade 10 and 40 grade 11 learners from each of the three high schools (240 learners). Qualitative data was analyzed thematically and the quantitative data was analyzed using descriptive statistics methods. Consequently, the results from the two methods were compared and triangulated. Ethical precautionary measures were taken to avoid harm to the research participants. The study found that a variety of family, economic and environmental factors contribute to crime in schools. Findings of this study assist the teachers, learners, parents and the Department of Education authorities in the Vhembe District to gain a better understanding of the nature, causes and effects of crime among high school learners. Only a multi-pronged strategy can be effective in overcoming crime which is plaguing many high schools in South Africa. / NRF

Criminal career research postulates that offending behaviour develops over time during the course of one’s life. Thus, delinquency is not an isolated incident which occurs at a certain moment in time. This research comprises a mixed-method study of the criminal career of 40 offenders who perpetrated robberies against the banking and CIT industries. Through this research, an exploration is made for possibilities of using criminal career research to develop results which will guide crime prevention policies. The qualitative methodology used for this research included semi-structured interviews in order to collect information on motivations of armed robbers and the various mechanics (i.e. planning, recruitment, group dynamics) of the crime of armed robbery. Through the use of structured questionnaires, biographical data, information on risk factors and figures on the different aspects of a criminal career, such as age of offending onset, offending frequency and seriousness, and career length, were all gathered. The general findings of this research demonstrate that offending onset occurs between the ages of 11 and 15 with petty crimes, and then escalates to serious crimes. Secondly, witnessed throughout the dissertation is the fact that development of delinquent behaviour is not a result of a single risk factor but an outcome of multiple risk factors. Subsequently, a suggestion is made for the introduction of multifaceted deterrence programmes, which will holistically deal with the various offending risk factors (i.e. family, community and the offender’s personal risk factors as well as peer and school dynamics). Thirdly, armed robbers are responsible for various other crimes in the process of committing the offence of robbery. Accordingly, this study confirms the criminal career notion that a small number of chronic offenders are responsible for a large number of offences. That is why it is recommended that policy makers pay attention to disrupting the criminal career of this small number of high risk offenders. / Department of Criminology and Security Science / M.A. (Criminology)

The aim of this study is to assess the implementation of the Youth Crime Prevention Desk (YCPD) programme in the Ekurhuleni North Cluster in Gauteng. Since the Social Crime Prevention Strategy was introduced in the South African Police Service (SAPS), no study has been conducted in the organisation to assess whether this strategy has yielded the expected results in line with its objectives. Data was collected by means of in-depth interviews as well as focus group interviews with Community Policing Forum (CPF) members, YCPD programme community volunteers, SAPS social crime prevention coordinators, Department of Community Safety (DoCS) social crime prevention coordinators and a station commander in the Ekurhuleni North Cluster. These participants are closely involved with the YCPD programme and freely expressed their views, understanding, knowledge and beliefs in relation to the implementation and associated activities of the YCPD programme. In addition, the researcher conducted a comprehensive literature study of the national legislation, SAPS policies and directives that oversee and promote social crime prevention in South Africa, as well as library resources and international studies. Various objectives were fulfilled in the execution of this study:  It was determined that social crime prevention guidelines are not complied with regarding the implementation of the YCPD.  It was determined that the YCPD is not achieving its proposed aims and objectives. In addition, this study and its results provide a framework for mitigating the challenges encountered during the implementation of strategies for improving the establishment of the YCPD in the Ekurhuleni North Cluster. The findings of the research indicate that the YCPD programme has not been effectively implemented within the Ekurhuleni North Cluster, since it became evident that the YCPD role-players are confronted by various challenges, which impede the proper implementation of the programme. Based on the findings of this study, a Youth Crime Prevention Desk Implementation Framework was developed. This framework could serve as a guideline advising the South African Police Service, Department of Community Safety, Community Policing Forums and Youth Crime Prevention Desk programme’s community volunteers in the Ekurhuleni North Cluster how the implementation of the programme could be improved. This framework could also contribute towards further identifying best practices with a view to benchmarking such a framework in other areas in South Africa. This study makes a significant contribution to the improvement of the implementation of the Youth Crime Prevention Desk programme in the Ekurhuleni North Cluster and to youth social crime and violence in general. / Police Practice / D. Litt. et Phil. (Police Science)

Criminal career research postulates that offending behaviour develops over time during the course of one’s life. Thus, delinquency is not an isolated incident which occurs at a certain moment in time. This research comprises a mixed-method study of the criminal career of 40 offenders who perpetrated robberies against the banking and CIT industries. Through this research, an exploration is made for possibilities of using criminal career research to develop results which will guide crime prevention policies. The qualitative methodology used for this research included semi-structured interviews in order to collect information on motivations of armed robbers and the various mechanics (i.e. planning, recruitment, group dynamics) of the crime of armed robbery. Through the use of structured questionnaires, biographical data, information on risk factors and figures on the different aspects of a criminal career, such as age of offending onset, offending frequency and seriousness, and career length, were all gathered. The general findings of this research demonstrate that offending onset occurs between the ages of 11 and 15 with petty crimes, and then escalates to serious crimes. Secondly, witnessed throughout the dissertation is the fact that development of delinquent behaviour is not a result of a single risk factor but an outcome of multiple risk factors. Subsequently, a suggestion is made for the introduction of multifaceted deterrence programmes, which will holistically deal with the various offending risk factors (i.e. family, community and the offender’s personal risk factors as well as peer and school dynamics). Thirdly, armed robbers are responsible for various other crimes in the process of committing the offence of robbery. Accordingly, this study confirms the criminal career notion that a small number of chronic offenders are responsible for a large number of offences. That is why it is recommended that policy makers pay attention to disrupting the criminal career of this small number of high risk offenders. / Department of Criminology and Security Science / M.A. (Criminology)

This dissertation focuses on the expulsion of learners from secondary schools in the Western Cape. Learners with behavioural and emotional problems are disruptive in class. They antagonise teachers and challenge the code of conduct of the school. Expelling learners has far reaching consequences for education and society. Although official expulsions have remained constant the number of "unofficial expulsions" appear to be increasing. Expulsion rates vary amongst schools, but those situated in middle-class areas request more expulsions than those situated in lower socio-economic areas. Substance abuse is by far the most dominant reason for expulsion followed by physical confrontation, verbal confrontation, theft, sexual assault and other behavioural problems. Whilst certain factors such as the socio-economic background, intake, catchment area and ethos of the school does influence expulsions, factors within the school i.e. the attitude of the principal towards certain policies and practices may unintentionally contribute to its increase. Finally, the dissertation provides guidelines and recommendations towards minimising expulsions. / Educational Studies / M.Ed. (Guidance and Counselling)

This dissertation focuses on the expulsion of learners from secondary schools in the Western Cape. Learners with behavioural and emotional problems are disruptive in class. They antagonise teachers and challenge the code of conduct of the school. Expelling learners has far reaching consequences for education and society. Although official expulsions have remained constant the number of "unofficial expulsions" appear to be increasing. Expulsion rates vary amongst schools, but those situated in middle-class areas request more expulsions than those situated in lower socio-economic areas. Substance abuse is by far the most dominant reason for expulsion followed by physical confrontation, verbal confrontation, theft, sexual assault and other behavioural problems. Whilst certain factors such as the socio-economic background, intake, catchment area and ethos of the school does influence expulsions, factors within the school i.e. the attitude of the principal towards certain policies and practices may unintentionally contribute to its increase. Finally, the dissertation provides guidelines and recommendations towards minimising expulsions. / Educational Studies / M.Ed. (Guidance and Counselling)

Abstract in English, Zulu and Sotho / The aim of this study is to consider the application of family group conferencing (FGC) as child justice intervention for children in conflict with the law. An exploratory qualitative approach was followed to provide insight into the perceptions of experts with regards to the suitability of FGC for South Africa and for children, as well as the current application of, and potential context and scope for the application of FGC as a South African justice intervention. Semi-structured interviews were used as the data collection tool. Accordingly, experts from diverse disciplines, to wit social work, psychology, criminology, law, and education (and sub-speciality in FGC and restorative justice), were interviewed telephonically, face to face or via video chat. The sample was collected using purposive sampling through perusal of research articles and academic electronic sites, as well as snowball sampling whereby potential participants were identified. The findings show that FGC is an ideal intervention within the South African criminal justice context, and more particularly for child justice. The inclusion of family was noted as specifically important in dealing with children, and within an Afrocentric, Ubuntu-laden, socio-cultural environment. Furthermore, the suitability of FGC to the South African child justice context was linked to victim support and inclusivity, reconciliation aims, cultural flexibility, and ability to support offenders yet hold them accountable without criminalisation. Findings reiterated that FGC is inclusive of support persons, whilst Victim-Offender Mediation (VOM) is not. Resultantly, and with due consideration for the importance of support persons in child related interventions, the necessity of an amendment to the Child Justice Act 75 of 2008 (CJA) - pertaining specifically to VOM - is advocated. Provisions for the implementation of FGC in a child appropriate manner were recommended, namely, adequate preparation; age, needs, and context consideration; maintenance of safety and respect of all parties; and adequate facilitation. The findings regarding the current application of FGC as a child justice intervention in South Africa evinced that it is rarely implemented due to a lack of funding and resources, hesitancy of criminal justice professionals, and a decrease in diversion referrals due to a lack of knowledge and poor performance of the South African Police Services (SAPS). With the aim of extending and promoting FGC, findings noted the necessity for awareness and educational campaigns for both community and criminal justice persons; a multi-dimensional approach whereby various disciplines, societal sectors, government, and civil society work collaboratively; and lastly the importance of the launch of South African Restorative Justice Accreditation Board (SARJAB), an accreditation board for restorative justice practitioners was noted. Recommendations with regards to the findings were made with calls for advocation, action and further research. / Inhloso yalolu cwaningo ukubheka ukusebenza kwenqubo ye-family group conferencing (FGC) njengendlela yokungenelela ukusizana nezingane ezinqubuzana nomthetho. Kulandelwe inqubo ye-exploratory qualitative approach, ukuhlinzeka ngemibono yochwepheshe ngendlela ababona ngayo ukufaneleka kwe-FGC eNingizimu Afrika kanye nezingane, kanye nokusetshenziswa kwale nqubo manje, nokumumethwe yisimo kanye nokwendlaleka kwe-FGC njengenqubo yokusiza kwezomthetho nezinkantolo eNingizimu Afrika. Kusetshenziswe ama-semi-structured interviews njengethuluzi lokuqoqa ulwazi. Ngakho-ke, ochwepheshe bemikhakha ehlukene, efana neye-social work, isayikholoji, i-criminology, umthetho nemfundo (umkhakhana kwi-FGC kanye nenqubo yokulungisa nokubuyisela kahle kwisimo kulabo abonelwe kwezobulungisa, kwenziwe ama-interview ngezingcingo, ukubhekana ubuso nobuso kanye nokwenza izingxoxo ngamavidiyo. Kuqokelelwe isampuli ngokusebenzisa i-purposive (ukufunda ama-atikili ezocwaningo kanye nama-sayiti esiakhademiki ngendlela ye-elektroniki) kanye nokwenza amasampuli ngendlela ye-snowball, lapho khona okwaphawulwa khona ababambi qhaza kucwaningo. Okutholakele kukhombisa ukuthi inqubo ye-FGC yiyo elungile kwinqubo yezomthetho nezinkantolo zobugebengu eNingizimu Afrika, ikakhulukazi lapho kubhekwane nomthetho nezinkantolo nobulungisa maqondana nezingane. Ukubandakanywa komndeni kuqashelwa njengento ebalulekile ekubhekaneni nezingane, kanti futhi kwinqubo ebonelela indlela yobu-Afrika, indlela egxile kubuntu kanye nokubonelela amasiko endabuko yesintu. Kanti futhi okunye, ukufaneleka kwenqubo ye-FGC kwisimo seNingizimu Afrika sokubhekana nenqubo yomthetho yobulungisa maqondana nezingane, kuxhumene nokusekelana nabonelwe zingane ngendlela eyongamelayo, izinhloso zokubuyisana, ukuguquguquka kwezendabuko kanye nekhono lokusekela abonile, kodwa ngendlela yokuqikelela ukuthi izingane zibhekana nezenzo zazo ngaphandle kokuzibona njengezigebengu. Lezi zinto ezitholakele ngocwaningo, ukuthi inqubo ye-FGC ibandakanya ukusekela abantu, kodwa inqubo yokuqikelela ukuthi kube nokubonisana nabonelwe ngenqubo ye-victim-offender mediation (VOM) ayikuboneleli lokhu. Ngenxa yalokhu, kanti futhi ngokubonelela ukubaluleka kokusekela abantu kwinqubo yokungenelela ukusizana nezingane, umcwaningi uphakamisa ukuthi kuchitshiyelwe umthetho wokubhekana nezinkantolo nezingane, umthetho we-Child Justice Act (CJA) 75 ka 2008 – oqondene nenqubo ye-VOM. Kunconywa izindlela zokusebenza nge-FGC ngendlela ebonelela izingane, ngokwenza amalungiselelo afanele; ukubonelela iminyaka yobudala, izidingo kanye nezimo; ukuqikelela ukuphepha kanye nenhlonipho yazo zonke izinhlangothi ezithintekayo, kanye nosizo ngokuxhumanisa. Okutholakele maqondana nokusetshenziswa kwamanje kwenqubo ye-FGC njengendlela yokungenelela ukusizana nezingane kwinqubo yezomthetho nezinkantolo eNingizimu Afrika kuyinqubo engasetshenziswa ngokwanele ngenxa yokusweleka kwezimali neminye imithombo yosizo, ukungabaza kulabo ababhekene nenqubo yezinkantol o nobulungisa; kanye nokuncipha kwenqubo yokubonelela ezinye izindlela ezakhaya ngaphandle kokusebenzisa izinkantolo maqondana nezingane, ngenxa yokusweleka kolwazi, ukungasebenzi ngezinga elifanele kwenqubo yezamaphoyisa aseNingizimu Afrika, abe-South African Police Services (SAPS). Ngenhloso yokunabisa kanye nokuqhubela phambili i-FGC, umcwaningi, uphawula isidingo sokuqwashisa kanye nemikhankaso yemfundo emiphakathini kanye nakubantu abasebenza ezinkantolo ezibhekana nobulungisa; inqubo enezinhlaka ezehlukahlukile, lapho kusetshenziswa khona imikhakha ehlukene, abantu besizwe, uhulumeni, izinhlangano zemiphakathi, ukuthi yonke le mikhakha isebenzisane; kanti okokugcina, ukusungula inhlangano yaseNingizimu Afrika ye-South African Restorative Justice Accredidation Board (SARJAB) ukuze abasebenza ngenqubo yobulungisa nokubuyisela okulungile kulabo abonelwe basebenzise yona. Izincomo maqondana nokutholakele kucwaningo kwenziwa ngokwenza isimemezelo sokugqugquzelela ukwenziwa kwenqubo, izinyathelo kanye nolunye ucwaningo. / Maikemisetso a patlisiso ena ya boithuto ke ho shebana le tshebediso ya seboka sa sehlopha sa lelapa (family group conferencing (FGC)) jwalo ka mohato ho toka ya ngwana bakeng sa bana ba iphumanang ba le kgahlano le molao. Ho latetswe katamelo ya phuputso ka boleng, ho fana ka lesedi mabapi le maikutlo a ditsebi hodima ho tshwaneleha ha FGC bakeng sa Afrika Borwa le bana ba yona, hammoho le tshebediso ya hajwale, le dikateng le bophara bo ka bang teng ba FGC jwalo ka mohato wa toka wa Afrika Borwa. Ho sebedisitswe diinthavu tse sa hlophiswang ka botlalo ho bokelletsa datha. Ka mokgwa oo, ditsebi ho tswa makaleng a fapaneng, a jwalo ka tshebeletso ya setjhaba, dithuto tsa kelello ya motho le mesebetsi ya yona, dithuto tsa botlokotsebe, molao le thuto (lekala le tlasana la FGC le toka ya puseletso), di ile tsa botswa dipotso ka mohala, mahlong kapa ka puisano ya vidiyo. Sampole e bokelleditswe ka mokgwa wa thero (purposive) (ho balwa ha dingolwa tsa dipatlisiso le diwebosaete tsa elektroniki tsa dithuto) hammoho le mokgwa wa disampole o bitswang snowball, moo teng bao e ka bang bankakarolo ba ileng ba hlwauwa. Diphetho di supa hore FGC ke mohato o loketseng boemo ba Afrika Borwa ba toka ditlolong tsa molao, haholo bakeng sa toka baneng. Ho kenyelletswa ha lelapa ho bonwa ho le bohlokwa ho fetisisa tshebetsanong le bana, le tikolohong ya boAfrika, e kgannwang ke setso le bophelo ba ubuntu. Ho feta moo, ho tshwaneleha ha FGC ditabeng tsa toka ya bana Afrika Borwa ho hokahanngwa le tshebetso ya mahlasipa le kenyelletso, maikemisetso a tshwarelano, ho fetoha ha setso le bokgoni ba ho tshehetsa batlodi ba molao, empa ba ntse ba jariswa maikarabello ntle le ho ba etsa ditlokotsebe. Diphetho di netefatsa hore FGC e kenyeletsa batho ba tshehetsang, ha puisano pakeng tsa lehlasipa le motlodi wa molao (VOM) ese jwalo. Ka lebaka leo, mme le ka ho nahanela bohlokwa ba batho ba fanang ka tshehetso mehatong e amanang le bana, mofuputsi o buelella ho fetolwa ha Molao wa Toka ya Bana (CJA) 75 ya 2008 – e amanang ka kotloloho le VOM. Ho kgothaletswa maemo a ho kenya FGC tshebetsong ka tsela e loketseng bana, ka boitokiso bo lekaneng; kamohelo ya dilemo, ditlhoko le dikateng; poloko ya tshireletseho le hlompho ya baamehi bohle; le tataiso e loketseng. Diphetho tse mabapi le tshebediso ya hajwale ya FGC jwalo ka mohato wa toka baneng Afrika Borwa di supa hore hase hangata e sebediswang ka lebaka la tlhokeho ya tjhelete le disebediswa, qeyaqeyo hara ditsebi tsa toka botlokotsebeng, le phokotseho ya diphetiso ka lebaka la ho hloka tsebo le tshebetso e mpe lehlakoreng ya South African Police Services (SAPS). Ka maikemisetso a ho atolosa le ho phahamisa FGC, mofuputsi o lemosa tlhoko ya tsebo le matsholo a thuto bakeng sa setjhaba le batho ba sebetsang ka toka botlokotsebeng; katamelo ya makala a mangata moo makala a fapaneng, dikarolo tsa setjhaba, mmuso le setjhaba ba sebetsang mmoho; mme qetellong, bohlokwa ba ho theha Boto ya Toka ya Puseletso le Tlhwao ya Afrika Borwa (South African Restorative Justice Accreditation Board (SARJAB)) bakeng sa basebeletsi ba toka ya puseletso. Dikgothaletso tse mabapi le diphetho di etswa ho ntse ho kotjwa tshehetso, ketso le dipatlisiso tse eketsehileng. / Criminology and Security Science / M.A. (Criminology)