Current statistics show an alarming number of children entering the South African children’s court system annually. Yet little to no research has been conducted involving children who actually attend children’s court within the South African context, specifically since the promulgation of the new Children’s Act 38 of 2005. Consequently, very little knowledge regarding these children’s experiences and where the court system may be failing them exists. Statutory intervention with children in the middle-childhood phase is based on the premise that such intervention is in the best interest of the child. The process begins with the assignment of a social worker who is tasked with conducting a comprehensive investigation into the child’s life. Once this investigation has been finalised, the child and all relevant parties will attend children’s court where a final decision will be made regarding the child’s future care. The question arises how children experience children’s court procedures and whether there are areas where improvement would be warranted, especially since heavy caseloads often result in postponements which could exacerbate any negative experiences. With a view to gaining insight into middle-childhood children’s experience of children’s court procedures, the researcher conducted a qualitative, applied study using a collective case study design. Two literature studies form the knowledge base of the study, where the first explores the various areas of development in middle childhood and the second the children’s court process, with specific reference to the relevant legislation and polices underlying this process. In-depth interviews with nine children in the middle-childhood phase who had been exposed to children’s court procedures allowed the researcher to gather data from the children’s perspectives, rather than from the perspective of professionals as is the case in the majority of other studies. This empirical study contributed to the knowledge base by providing evidence that children are not by any means adequately prepared for children’s court and do not meaningfully participate in the process. Furthermore, empirical evidence revealed that children in middle childhood often associate negative emotions – notably fear, sadness and anger – with children’s court procedures. From this empirical study, it was concluded that social workers need to take responsibility for ensuring that children are comprehensively prepared for court procedures. Furthermore, steps need to be taken to enhance children’s level of participation throughout the entire process. / Dissertation (MSW)--University of Pretoria, 2013. / lmchunu2014 / Social Work and Criminology / unrestricted

An employee is usually entitled to representation in a disciplinary hearing. The question arises whether this representation includes legal representation or whether it is limited to representation by union representatives or a fellow employee? An employee's right to legal representation will in most cases be determined by a collective agreement, the employment contract or a disciplinary code. Over the years the Courts have indicated that they are not prepared to grant an absolute right to legal representation in disciplinary enquiries. Yet in some cases the courts found legal representation to be a sine qua non for a fair hearing and an intrinsic part of natural justice. It seems that the conclusion that can be drawn from this research is that legal representation might soon become a requirement for a fair disciplinary hearing in serious and complex matters. This research looks at numerous decisions both in die public and private sector before and after 1994. The right to legal representation is also discussed in the light of a fair hearing. The various advantages and disadvantages of legal representation are briefly examined. It is argued that all employees should be granted legal representation in complex and serious matters where the employee is likely to be dismissed. It is thus said that all presiding officers should be granted a discretion to allow legal representation in serious and complex matters. / Thesis (LL.M. (Labour Law))--North-West University, Potchefstroom Campus, 2006.

An employee is usually entitled to representation in a disciplinary hearing. The question arises whether this representation includes legal representation or whether it is limited to representation by union representatives or a fellow employee? An employee's right to legal representation will in most cases be determined by a collective agreement, the employment contract or a disciplinary code. Over the years the Courts have indicated that they are not prepared to grant an absolute right to legal representation in disciplinary enquiries. Yet in some cases the courts found legal representation to be a sine qua non for a fair hearing and an intrinsic part of natural justice. It seems that the conclusion that can be drawn from this research is that legal representation might soon become a requirement for a fair disciplinary hearing in serious and complex matters. This research looks at numerous decisions both in die public and private sector before and after 1994. The right to legal representation is also discussed in the light of a fair hearing. The various advantages and disadvantages of legal representation are briefly examined. It is argued that all employees should be granted legal representation in complex and serious matters where the employee is likely to be dismissed. It is thus said that all presiding officers should be granted a discretion to allow legal representation in serious and complex matters. / Thesis (LL.M. (Labour Law))--North-West University, Potchefstroom Campus, 2006.

The dissertation deals with the disciplinary process of the South African Police Service - perceptions and preferences of members in the North Rand area of the Gauteng Province. A research question " How members of the SAPS in the North Rand area of the Gauteng Province perceive the disciplinary process" is investigated in this study. The researcher has conducted a quantitative research in the North Rand area of the Gauteng Province using questionnaires and literature study as the research method. The answer to the research question in this study is that members of the SAPS have a negative attitude towards the disciplinary process of the SAPS. There is also uncertainty about the duties of certain role players during the disciplinary process. / Public Administration / M.A. (Public Administration)

Text in Afrikaans / Die penologiese perspektief rakende die ontwikkeling/ doel en funksionering van leke-assessore is die onderwerp van hierdie verhandeling. Leke-deelname in die regsplegingstelsel kan terug­ gevoer word na 1657. Deur die latere oorname van Engelse regsbeginsels1 word die juriestelsel in die Suid-Afrikaanse reg geinkorporeer. Na die afskaffing van die juriestelsel in 1969 berus die beantwoording van sowel feite- as regsvrae slegs by die voorsittende beampte. Hierdie situasie is as onaan­ vaarbaar beskou en grater leke-deelname word bepleit. Dit is egter eers in 1991 dat die aanwending van leke-assessore in die Suid-Afrikaanse regstelsel 'n realiteit word. Een van die voorvereistes vir die aanstel van assessore is dat die aanstelling dienstig vir die regspleging moet wees. Die vraag waarmee penoloe en juriste worstel, is of die aanwending van assessore tans wel bevorderlik vir gesonde regspleging is. Uit empiriese navorsing het dit geblyk nie die geval te wees nie. Derhalwe word 'n opleidingsprogram vir assessore voorgestel / The subject of perspective on tioning of lay justice. this dissertation is a penological the development/ purpose and tunc­ assessors in the administration of The use of lay assessors can be traced back as far as 1657. As a result of the adoption of the British law principles/ the jury system was incorporated in South African law. After the abolition of the jury in 1969/ the answering of factual and judicial questions resides in the presiding officer. This situation was unacceptable and lay participation was advocated. The use of lay assessors became a reality in 1991. The prerequisite for the appointment of an assessor is that it should be expedient for the administration of justice. But are the use of lay assessors beneficial at this stage? From the empirical research it is evident that it is not beneficial at all and therefore the researcher recommends a training programme for lay assessors. / Penology / M.A. (Penologie)

The dissertation deals with the disciplinary process of the South African Police Service - perceptions and preferences of members in the North Rand area of the Gauteng Province. A research question " How members of the SAPS in the North Rand area of the Gauteng Province perceive the disciplinary process" is investigated in this study. The researcher has conducted a quantitative research in the North Rand area of the Gauteng Province using questionnaires and literature study as the research method. The answer to the research question in this study is that members of the SAPS have a negative attitude towards the disciplinary process of the SAPS. There is also uncertainty about the duties of certain role players during the disciplinary process. / Public Administration and Management / M.A. (Public Administration)

Text in Afrikaans / Die penologiese perspektief rakende die ontwikkeling/ doel en funksionering van leke-assessore is die onderwerp van hierdie verhandeling. Leke-deelname in die regsplegingstelsel kan terug­ gevoer word na 1657. Deur die latere oorname van Engelse regsbeginsels1 word die juriestelsel in die Suid-Afrikaanse reg geinkorporeer. Na die afskaffing van die juriestelsel in 1969 berus die beantwoording van sowel feite- as regsvrae slegs by die voorsittende beampte. Hierdie situasie is as onaan­ vaarbaar beskou en grater leke-deelname word bepleit. Dit is egter eers in 1991 dat die aanwending van leke-assessore in die Suid-Afrikaanse regstelsel 'n realiteit word. Een van die voorvereistes vir die aanstel van assessore is dat die aanstelling dienstig vir die regspleging moet wees. Die vraag waarmee penoloe en juriste worstel, is of die aanwending van assessore tans wel bevorderlik vir gesonde regspleging is. Uit empiriese navorsing het dit geblyk nie die geval te wees nie. Derhalwe word 'n opleidingsprogram vir assessore voorgestel / The subject of perspective on tioning of lay justice. this dissertation is a penological the development/ purpose and tunc­ assessors in the administration of The use of lay assessors can be traced back as far as 1657. As a result of the adoption of the British law principles/ the jury system was incorporated in South African law. After the abolition of the jury in 1969/ the answering of factual and judicial questions resides in the presiding officer. This situation was unacceptable and lay participation was advocated. The use of lay assessors became a reality in 1991. The prerequisite for the appointment of an assessor is that it should be expedient for the administration of justice. But are the use of lay assessors beneficial at this stage? From the empirical research it is evident that it is not beneficial at all and therefore the researcher recommends a training programme for lay assessors. / Penology / M.A. (Penologie)

This study concentrates on the development, implementation and evaluation of a research based training program for intermediaries in South African courts in order to improve the intermediary’s knowledge and understanding of the role and duties of an intermediary. The motivation for this study had its origin in the fact that the adversarial nature of court proceedings is a major stumbling block for the child witness. The research problem, namely that there is no national research based training program for intermediaries in South Africa, was discussed. Intervention research was used as research methodology and a two phase research approach was undertaken. A quantitative survey research design was used during the phases. The research question formulated for the first phase was: What are the duties and role of an intermediary? 54 magistrates and 34 prosecutors who attended four workshops, completed a self-structured questionnaire. This data complemented the literature study and both were used to compile a training program for intermediaries. The quantitative approach was also used for phase two of the study. A quasi-experimental one-group pretest-posttest design was used. An assessment by means of a questionnaire was done before the training program started and was repeated again after the presentation of the training program to determine the effectiveness of the program The research hypotheses that was formulated was: If an intermediary is trained according to a research-based training program, the intermediary’s knowledge of her role in assisting the child before and during the trial in a South African court will be improved. A five-day training program was implemented. The hypothesis was confirmed after the data had been analyzed and compared to the literature. In chapter two the legal system of South Africa, in respect to the child, was discussed and in chapters three, four and five all aspects of child development were discussed with specific emphasis on the child witness that needs to testify in a separate courtroom. Cognitive development and language development in the context of the child witness were discussed. This information was used to develop a training program. In chapter six the development of a training program was discussed with specific attention being given to outcomes based education. In chapter seven all the data that was collected was quantified, analyzed and interpreted. The conclusion could be drawn that the respondents did show improvement of their skills and knowledge of an intermediary, his/her duties and theoretical knowledge. They also showed that their practical skills had improved by attending the training program. The conclusion could therefore be made that the intermediary training program was successfully implemented and complied with the requirements of an outcomes based training program. The findings obtained indicate that trainers of intermediaries throughout South Africa can successfully apply the developed training program. Conclusions and recommendations (chapter 8) of this study are put forward in accordance with the process that was followed in developing and implementing the training program for intermediaries who are to assist children when testifying in a court. / Thesis (DPhil (Social Work))--University of Pretoria, 2006. / Social Work / unrestricted

This paper will explore further the process of selection of majority party leaders in the United States House of Representatives. It will seek to show that there were certain common denominators that existed among those who were selected for leadership positions between 1962 and 1976, and that these common denominators were not present in those individuals who challenged the leaders and lost. Additionally, it will be argued that those certain qualities were particularly important to the style of leadership during that period, and that their importance to that style allowed the development of an institutionalization of the selection process during that period.