Child participation and the right of children to be heard in matters that directly affect them, including in judicial and administrative matters, is a right that is entrenched in a number of international and regional instruments. This right is also entrenched in the South African Constitution that provides for children to be legally represented, at State expense, in civil proceedings affecting them and this includes divorce proceedings. However, this constitutional right is limited to those circumstances where a substantial injustice would otherwise result should such legal representation not be afforded. This thesis examined how the voices of children can be heard during divorce proceedings and makes recommendations as to when children involved in divorce proceedings should be granted legal representation at State expense.

Child participation and the right of children to be heard in matters that directly affect them, including in judicial and administrative matters, is a right that is entrenched in a number of international and regional instruments. This right is also entrenched in the South African Constitution that provides for children to be legally represented, at State expense, in civil proceedings affecting them and this includes divorce proceedings. However, this constitutional right is limited to those circumstances where a substantial injustice would otherwise result should such legal representation not be afforded. This thesis examined how the voices of children can be heard during divorce proceedings and makes recommendations as to when children involved in divorce proceedings should be granted legal representation at State expense.

The purpose of the study was to identify causes and consequences of early marriages in Lusikisiki. The population of this study is a convenience sample from Lusikisiki. The researcher thought that this was appropriate because these subjects would be sharing their personal experiences in the form of case studies. The ages of subjects that were interviewed were 40 years & 47 years old (both married early) and those that married late were both 50 years old. The idea that guided the study was an exploratory one aimed at understanding the phenomenon of early marriage. The aim was to explore the following ideas: Young girls are being given into marriage at their early age by their parents because of the bride price (ilobola)Women that are given into marriage early feel victimized by this process early marriage disrupts the school pattern of young girls Men are the main beneficiaries of early marriage.

The aim of this study was to evaluate the role played by CYCCs to provide support and protection to children who have been found to be in need of care, according to the criteria given in the Children’s Act No. 38/2005 as amended. The study made use of a qualitative approach and the research design was provided by the case study. Data was gathered by means of semi-structured interviews and focus group discussions. The most important findings to emerge from the study were that the factors which affect the operation of CYCCs are either institutional, or else challenges arising from issues pertaining to infrastructure and human resources. However, it was also acknowledged that, despite the challenges which affect their ability to provide their services to young people, the CYCCs had also made progressive steps to halt the suppression of the fundamental rights of children. It has been recommended that the government should apply comprehensive funding to the objectives of the Children’s Act, which would entail increasing the subsidies to CYCCs. It has also been recommended that the Policy on Financial Rewards should call for the same benefits and salary scales to apply for professional staff working in the government and to those working in the CYCCs. The repercussions from failing to adjust to these recommendations will inevitably lead to the employment of a remedial model of care.

Thesis (MPhil)--Stellenbosch University, 2005. / ENGLISH ABSTRACT: Television is a powerful tool in the diffusion of information to the masses. It is therefore influential in the way society perceives and responds to children, and in so doing it has an influence on the provision and protection of children's rights. According to international and locally conducted studies children are not high on the media agenda, are seldom given a voice or status, and if they are, issues around them are mostly formulated by adults. This assignment sets out to determine whether the same conclusion can be drawn from South African free-to-air television station e-TV. In particular it seeks to establish whether e- News has been successful in placing children's rights in on the public agenda or whether it has reported on children in an ad hoc manner. Children's human rights issues have been defined in accordance with the United Nation's Children's Rights Charter and the South African Bill of Rights, which makes specific provision for the child/children. This assignment takes its lead from a Media Monitoring Project study. Like the MMP report this research is conducted within a human rights framework and concedes according to Section 28 (2) of the Constitution that "the child's best interests are of paramount importance in every matter concerning the child". The methodology employed in this assignment, while replicating a Media Monitoring Project study, also employs discourse analysis in the form of interviews and questionnaires conducted with e-News members of staff. The methodology was applied to a sample of 71 stories which included reference to a child or children and which were broadcast on e-News Live at 7 and e-News live at 10 between January and August 2004. In brief it was found that the rights to privacy, dignity and freedom of speech were satisfactorily upheld (as per the Bill of Rights), but that issues about children are mostly sourced by and commented on by adults. Furthermore it was found that children's rights do not form an implicit part of the e-News agenda. Given that a human rights framework is normative for e-News, it is recommended that children's rights be placed in context, that stories challenge stereotypes about children and that e- News should consider appointing 'children's correspondents'. / AFRIKAANSE OPSOMMING: Televisie is n' kragtige medium vir die verspreiding van inligting na die samelewing. Om hierdie rede speel televisie n' invloedryke rol op die manier waarop mense met kinders omgaan en dus het dit ook n' groot invloed op die voorsiening en berskerming van kinderregte. Volgens internastionale en plaaslike studies is kinders nie hoog op die media se agenda nie. Hulle word selde status verleen en indien wel, word kwessies wat hulle raak, dikwels deur volwassenes geformuleer. Hierdie opdrag wil bepaal of hierdie gevolgtrekking ook spesifiek betrekking het op die televisiestasie, e-TV. Daar word spesifiek gefokus op e-News se agenda met betrekking tot kinderregte en of dit suksesvol genhandhaaf word of nie. Kindreregte-kwessies is gedefineer soos in die Verenigde Nasies se Handves van Kinderrregte en die Suid-Afrikaanse Hanves van Menseregte wat specifiek focus op voorsiening vir kinders. Hierdie opdrag is volg die voorbeeld van n' verslag van die Media Monitoring Project (MMP). Soos die MMP-verslag word hierdie narvorsing binne n' menseregte-raamwerk gedoen en neem ook artikel 28 (2) van die Suid-Afrikaanse Grondwet in ag, wat stipuleer dat die kind se belange van kardinale belang is asook elke aspek wat die kind betrek. Die metodologie wat in hierdie opdrag gebruik word, repliseer tegelykertyd die MMPstudie en maak gebruik van diskoersanalise in die vorm van onderhoude en vraelyste onder e- News personeellede. Hierdie metodologie maak gebruik van n' steekproefvan 71 nuusstories wat verwys na n' kind/kinders wat tussen Januarie en Augustus 2004 op e-News Live om 19hOO uitgesaai is. Ter opsomming is bevind dat privaatheidsregte, waardigheid en vryheid van spraak van kinders bevredigend benader is. Kwessies wat kinders aanraak word egter meer deur volwassenes aangespreek as deur kinders self. Daar is egter ook bevind dat kinderregte nie n' intergrale deel van e-News agenda vorm me. Gegewe dat n' menseregteraamwerk bye-News toegepas word, word dit aanbeveel dat kinderregte binne konteks geplaas word en dat berigte sal streef daarna om stereotypes oor kinders te verander en dat e-News oorweeg om kinderkorrespndente aan te stel.

This study reviewed how networks, entrepreneurs and narratives were intertwined in keeping a policy process moving and preventing it from stagnating. By applying Roe's narrative analysis theory (as developed in Narrative Policy Analysis - 1994), along with Kingdon's theory of entrepreneurs (as developed in Agendas, Alternatives and Public Policies - 1995) and Kickert's explanations of networks (as developed in Managing Complex Networks - 1997) the study attempted to uncover how a complex policy issue is managed by the stakeholders involved. The Children's Bill was the case study used to show the usefulness of these three theories in understanding the intricate engagements and relations of participation around a complex policy. By applying qualitative data collection and analysis techniques, the case study illustrated how a complex policy is able to move through the policy and legislative processes despite the conflict and difficulties encountered. The dominant narratives were identified, the narrative of the Working Group (WG) (to hold the Bill over to the next parliament and to include a National Policy Framework), and the counternarrative of the Department of Social Welfare and Development (to fast track the Bill through parliament and to make excisions), as were the non-stories (on issues of poverty). The research also identifies the policy entrepreneurs (the WG secretariat and in particular the Children's Institute and Paula Proudlock) and the networks in which they operated. This information provided the basis to identify the meta-narrative to hold the Bill over to the next parliament for further deliberations on the excisions that had been made, which allowed the Children's Bill process to continue. Some recommendations for further evaluation and research into this policy process are noted. / Thesis (M.Soc.Sc.)-University of KwaZulu- Natal, Pietermaritzburg, 2006.

Since the advent of the democratic dispensation in 1994, the government of South Africa has made significant steps in addressing issues of national concern. One of the major highlights is a Bill of Rights, as stipulated in the South African Constitution, Act 106 of 1996, which states that every child has a right to basic education. However, in spite of compulsory education, an extremely high rate of absenteeism has been noticed in many primary schools of the Eastern Cape Province in the Nelson Mandela Metropolitan region. The purpose of this study was to develop a deeper understanding of the major factors that contribute to absenteeism in the Govan Mbeki area of the Nelson Mandela Metropolitan Region, with the ultimate aim of promoting school attendance among learners. Both quantitative and qualitative approaches were used to collect the data in two schools. Using purposive sampling, two schools in the Govan Mbeki area were identified. These two schools were known to have a high rate of learner absenteeism. In each of the schools – which, in this research, are referred to as school A and school B, 20 parents, 6 teachers and 20 learners (10 per school) were identified as participants. The major findings of this study show that the factors affecting school attendance are interlinked; and, they include – although they are not limited to – bullying, poverty in households, poor teacher-student relationships, a poor learning environment, and the underperformance of the learners, which, in turn, result in disinterested learners. The study recommends a joint engagement of school, homes and the Department of Education to develop mechanisms, which might help both parents and teachers to navigate potential solutions to curb the trend. Furthermore, there needs to be a concerted effort to reduce household poverty and to sensitize teachers of their responsibilities towards their learners.

In this project the adoption of an inquisitorial model of criminal procedure in court proceedings relating to children is discussed. The traditional characteristics of adversarial and inquisitorial models of criminal procedure, the two models in a South African perspective and problems with the adversarial model are highlighted. That it terrifies and silence young victim and witnesses from giving evidence. The inquisitorial elements present in South African criminal procedure such as in bail proceedings, plea proceedings, powers of the presiding officer to call, recall and examine witnesses, powers of the presiding officer to exclude inadmissible evidence, evidence on sentence, and investigation on unreasonable delay on trials are discussed. The international instruments pertaining to children in conflict with the law and child witnesses are examined, together with their impact in our laws relating to children. The constitutional implications to the rights of children are discussed. The historical background that culminated to the Child Justice Act is highlighted. The Child Justice Act with particular reference to the inquisitorial aspects present in this Act is discussed. The measures that aim to protect child witness present in the Criminal Procedure Act, Criminal law Sexual offences and Related Matters Amendment Act and Children’s Act are highlighted. The conclusion, on the analysis of protective measures protecting children, is that in South African law there is a renewed interest in inquisitorial procedures as an effective means of ensuring justice. The conclusion suggests that adversarial model of criminal procedure is not the best method for our legal system to deal with children.

The high level of crime in South Africa raises the question about the failures of the criminal justice system on the one hand, and South Africa’s social policies on the other. Young people in South Africa can disproportionately be both victims and perpetrators of crime in the Republic of South Africa. The child accused in conflict with the law is dealt with in much the same way as their adult counterparts, as the criminal justice system was designed by adults for adults. South Africa became a signatory to the United Nations Convention on the Rights of the Child 19891(hereinafter referred to as UNCRC) on 16 June 1995. The UNCRC provides a backdrop to section 28 of the Constitution of the Republic of South Africa Act.2 Article 3(1) of the UNCRC provides as follows: “in all actions concerning children, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities or legislative bodies, the best interests of the child shall be primary consideration.” South Africa is therefore according to article 40(3) of the UNCRC obliged to “establish laws, procedures, authorities and institutions specifically applicable to children in conflict with the law”.3 In terms of article 40(1) of the UNCRC “State Parties recognise the right of every child alleged as, accused of, or recognised as having infringed the penal law to be treated in a manner consistent with the promotion of the child’s sense of dignity and worth, which reinforces the child’s respect for the human rights and fundamental freedoms of others and which takes into account the child’s age and the desirability of promoting the child’s reintegration and the child’s assuming a constructive role in society.”4 1 Adopted by the General Assembly resolution 44/25 on 20 November 1989. 2 The Constitution of the Republic of South Africa Act, Act 108 of 1996. Hereinafter referred to as the “Constitution”. 3 South Law Reform Commission Discussion Paper 96. 4 United Nations Convention on the Rights of the Child adopted by the General Assembly resolution 44/25 on 20 November 1989. iv Synopsis 2003 states that “the Ratification of the UNCRC by the South African government in 1995 set the scene for broad-reaching policy and legislative change”.5 The Constitution includes a section protecting children’s rights, which includes the statement that children have the right not to be detained except as a measure of last resort and then for the shortest appropriate period of time, separate from adults and in conditions that take account of his/her age. 6 After being off Parliament’s agenda since 2003, the Child Justice Act7 has recently been reintroduced. The Act aims to ensure consistent, fair and appropriate treatment of the child accused in conflict with the law. The question arises whether the South African Criminal Justice system involving the child accused adequately recognises and protects the interests of the child accused, particularly in view of the present international legal position.

This study examines the topic of the interaction of children’s rights, education rights and freedom of religion in South African schools from a legal perspective. It comprises of a discussion on the historical development of religion in South African schools; South Africa’s international obligations with regards to children’s rights, education rights and freedom of religion and the South African substantive law pertaining to children rights, education and freedom of religion as impacting on legal issues pertaining to religion in schools. The study utilises a desktop approach, which comprises of a wide range of legal and other literary sources, international instruments, statutes and case law on children’s rights, education rights and freedom of religion. Importantly, it highlights the integral connection between these aforementioned rights when dealing with issues pertaining to religion in schools. This thesis illustrates that much of the historical development of religion in schools took place without consideration of children’s rights, or more particularly, the best interests of the learners. Instead, (a particular brand of) religious beliefs were promoted in education above other religions and the well-being of school-children. Furthermore, despite the introduction of specific children’s rights into the Constitution, this thesis emphasises that the rights of children have still not been recognised sufficiently in education laws and policies. It is submitted that children’s rights have a paramount and practical role to play in matters pertaining to religion in South African schools. Consequently, it is recommended that children’s rights, more particularly the best interests of the child principle, should be expressly introduced into education legislation and policies. This will create legal obligations for school administrators and SGBs on the inclusion of children’s rights in religious exemption procedures. Furthermore, it is recommended that national guidelines on religious/cultural exemptions (which incorporate children’s rights) be developed which will set legal parameters for the handling of religious/cultural exemption procedures in schools. This thesis also argues against the interpretation that the right to establish private schools includes the right to require religious conformity from non-adherent learners by way of a complete waiver of their religious freedom. Despite the importance of respecting the right of religious communities to protect and preserve their faith in private schools, it is submitted that this right cannot be exercised without regard for the religious freedom, dignity and best interests of non-adherent children. As a result, it is submitted that the waiver of the freedom of religion of non-adherent children is not consistent with the values which South African society reveres and therefore cannot be enforced. This thesis suggests that there is a way for the rights of private schools and the rights of non-adherent children to co-exist in harmony through the application of the reasonable accommodation principle in private schools. Reasonable accommodation of different faiths teaches religious tolerance to leaners in private schools and ensures that they are prepared to grapple with the religious diversity that they will inevitably face outside of the school environment. It is submitted that the enforcement of reasonable accommodation in private schools is to the benefit of all learners in private schools and to South African society in general. Moreover, this study questions and analyses the state’s provision of compulsory religion education in public schools through the National Policy on Religion and Education. A theoretical distinction is made between religion education and religious instruction in the National Policy itself. Religious instruction refers to the teaching of specific religious beliefs. Religion education refers to the teaching about different religions and worldviews from an academic perspective. It is submitted that the National Policy is correct in removing religious instruction from public schools as this would not be in accordance with freedom of religion or equality rights of learners who are not of the majority faith. It is submitted further that, although the provision of compulsory religion education in public schools impacts upon the freedom of religion of learners and their parents, (if taught correctly) it is a reasonable and justifiable limitation on freedom of religion in that it pursues the legitimate state goal of nation-building through the teaching of religious tolerance and “celebrating diversity” in schools. In light of South Africa’s history of religious discrimination, it must be recognised that the current position (although not problem- free) is a significant step forward in the protection of minority religious rights in South African schools. Despite this, it is submitted that there are numerous problems with the implementation of the National Policy that impact upon the dignity, equality and other rights of the learners concerned. These problems cannot be ignored since they impact upon the daily lives of school children. However, many of these problems can be minimised through more effective teacher training in this subject area. Accordingly, this thesis recommends that the current position be maintained as an acceptable compromise between the two extremes of providing religious instruction in one faith and removing religion education from public schools altogether. However, it emphasises that the state has to make a concerted effort to improve teacher training in this subject area in order to ensure that the objectives of the National Policy are carried out as envisaged. Furthermore, this thesis finds that certain provisions of the National Policy contain not only educational goals, but spiritual goals. Also in some instances, it is difficult to determine whether the religion education curriculum borders on being religious or not. In accordance with freedom of religion, it is submitted that the line between religion education and religious instruction must be clearly drawn in law and in practice. Consequently, the state must reconsider the National Policy and the corresponding religion education curriculum to ensure that they are aligned with the objectives of nation-building in all respects, meaning that any provisions or learning outcomes which have purely spiritual goals- must be amended or removed.