This research is aimed at evaluating the adequacy and effectiveness of the legal framework dealing with human trafficking in South Africa. To achieve this purpose, a comprehensive diachronic as well as contemporary overview of the punishment and prevention of human trafficking in South Africa as well as in the legal systems of the US, Germany and Nigeria is provided. An overview of the history of slavery and an analysis of the modern conceptualisation of human trafficking indicate that human trafficking is a highly complex concept, and that there are various approaches to the understanding of the concept of human trafficking. There are various definitions of trafficking found in international instruments of which the most important has been identified as that contained in the Palermo Protocol. The definitions vary also because trafficking is closely related to the phenomena of migration, slavery and smuggling of humans. The study further identifies some significant root causes of trafficking generally, as well as specific, to the four selected regions. It was found that in South Africa – similar to the history of slavery in the jurisdictions of the US, Germany and Nigeria – colonisation and the institution of slavery and, more particularly in South Africa, the legacy of the apartheid regime has had an impact on modern human trafficking. The research concedes that although common-law crimes, statutes and transitional legislation can be utilized to challenge some trafficking elements, these offences are not comprehensive enough to amply deal with the crime’s complexities and provide only a fragmented approach to combating the crime. The study shows that South Africa needs to adopt specific and comprehensive anti-trafficking legislation that is based essentially on the provisions of the Palermo Protocol, that is, the draft TIP Bill. Although the Bill is a major improvement on the provisions in the Palermo Protocol as well as on certain aspects of the anti-trafficking legislation in the US, Germany and Nigeria, the Bill can still be improved, especially with regard to more effective victim assistance and the combating of local-specific vulnerability factors. Anti-trafficking efforts undertaken in the US, Germany and Nigeria which may be of value also for the adoption of anti-trafficking legislation, law enforcement and other strategies in South Africa, are further identified. iv The research further establishes also that international, regional and sub-regional instruments on trafficking and related aspects of trafficking provide guidelines for developing effective strategies to deal with trafficking within the region. The counter-trafficking strategies as found in treaties (including conventions), protocols, declarations and resolutions – those focussing specifically on combating trafficking and those with a human-rights focus – oblige states to prosecute traffickers, protect people vulnerable to trafficking as well as those already trafficked and create structures for prevention. Regional instruments specifically formulated to combat trafficking as well as instruments that make reference to the issue of trafficking in persons may further provide the basis for long-term strategies to combat human trafficking. However, it was found that although South Africa has adopted many cooperative mechanisms in the form of direct bilateral or multilateral agreements, as well as international and regional treaties and conventions, the jurisdiction has not as yet implemented comprehensive strategies to combat human trafficking. The introduction of legislation to combat human trafficking, and various other strategies envisaged in the TIP Bill and also recommendations suggested in this thesis, should be considered by parliament as a matter of priority. A comprehensive response to human trafficking which includes adequate protection of victims is required in terms of various constitutional imperatives identified in this research. / Criminal and Procedural Law / LL. D.

Mémoire numérisé par la Direction des bibliothèques de l'Université de Montréal.

Summary in Afrikaans and English / Although the rights of children in South Africa are being regulated by legislation, statistics prove that statutory services on behalf of children annually increase. Scientific accountable information regarding the child can be obtained by the assessment of the child. The purpose of this investigation was to identify the gaps in the existing assessment guidelines, as well as the needs of social workers regarding assessments. The sequential exploratory strategy was utilized, as quantitative data supported qualitative findings. The investigation showed that minimal assessment literature is available in South Africa and internationally, although assessment is the basis evidence of the social worker. The biggest gap in assessment guidelines is that assessment does not carry weight in the court. There is a need for social workers to be trained in relevant assessment skills based on a specific frame of reference. Gestalt therapy can provide a suitable theoretical frame of reference for assessment, and can serve as scientific foundation for social workers during the statutory process. A framework for an assessment guideline was thus proposed. / Ten spyte daarvan dat die regte van kinders in Suid-Afrika deur wette gereguleer word, bewys statistiek dat statutere dienste aan kinders jaarliks toeneem. Wetenskaplik verantwoordbare inligting ten opsigte van die kind kan bekom word deur die kind te assesseer. Die doel van hierdie ondersoek was om leemtes wat in bestaande assesseringsriglyne is vas te stel, asook die behoeftes wat by maatskaplike werkers ten opsigte van assessering bestaan. Die opeenvolgende verkennende strategie is tydens hierdie ondersoek gevolg, aangesien kwantitatiewe data gebruik is om die kwalitatiewe bevindings te ondersteun. Die ondersoek het getoon dat min literatuur ten opsigte van assessering in Suid-Afrika en internasionaal beskikbaar is, ten spyte daarvan dat assessering die basis van die getuienis van die maatskaplike werker vorm. Die grootste leemte wat in assesseringsriglyne ge'identifiseer is, is die feit dat assessering nie gewig in die hof dra nie. 'n Behoefte ten opsigte van opleiding in toepaslike assesseringsvaardighede vanuit 'n spesifieke teoretiese verwysingsraamwerk bestaan. Gestaltterapie kan 'n teoretiese verwysingsraamwerk vir assessering bied en kan dien as wetenskaplike fundering vir optrede van maatskaplike werkers tydens die statutere proses. 'n Raamwerk vir 'n assesseringsriglyn is voorgestel. / Social Work / M. Diac. (Play Therapy)

Education is since the inception of the world regarded as the formal process by which society conveys its accumulated knowledge, skills, customs and values from one generation to another. Today, education is a human right and the right to education and specifically the right to (a) basic education is acknowledged and emphasised worldwide. In South Africa, the right to a basic education is entrenched in the Constitution and is regarded as one of the most crucial constitutional rights, particularly because it promotes economical and social well-being. The protection of a child’s right to a basic education in terms of the South African Constitution together with the most important international instruments pertaining to education will be extensively discussed and the most important similarities and differences between, and challenges in the legal systems of South Africa, New Zealand and Namibia regarding a child’s right to (a) basic education will be addressed with due consideration of factors such as early childhood development and education, mother tongue education and HIV/AIDS which may affect a child’s right to (a) basic education. It is submitted that the success of any country, whether it is social, financial or economic success, depends on how its citizens are educated. Moreover, a good education system is crucial, not only for ensuring that its populace are well educated, but also for optimal human development and for the maintenance and preservation of socially responsive economic and political systems. Education is a life-long process and in order to give effect to the right to (a) basic education, the adoption and implementation of the recommendations made throughout this study are proposed. / Private Law / LL.D.

Summary in Afrikaans and English / Although the rights of children in South Africa are being regulated by legislation, statistics prove that statutory services on behalf of children annually increase. Scientific accountable information regarding the child can be obtained by the assessment of the child. The purpose of this investigation was to identify the gaps in the existing assessment guidelines, as well as the needs of social workers regarding assessments. The sequential exploratory strategy was utilized, as quantitative data supported qualitative findings. The investigation showed that minimal assessment literature is available in South Africa and internationally, although assessment is the basis evidence of the social worker. The biggest gap in assessment guidelines is that assessment does not carry weight in the court. There is a need for social workers to be trained in relevant assessment skills based on a specific frame of reference. Gestalt therapy can provide a suitable theoretical frame of reference for assessment, and can serve as scientific foundation for social workers during the statutory process. A framework for an assessment guideline was thus proposed. / Ten spyte daarvan dat die regte van kinders in Suid-Afrika deur wette gereguleer word, bewys statistiek dat statutere dienste aan kinders jaarliks toeneem. Wetenskaplik verantwoordbare inligting ten opsigte van die kind kan bekom word deur die kind te assesseer. Die doel van hierdie ondersoek was om leemtes wat in bestaande assesseringsriglyne is vas te stel, asook die behoeftes wat by maatskaplike werkers ten opsigte van assessering bestaan. Die opeenvolgende verkennende strategie is tydens hierdie ondersoek gevolg, aangesien kwantitatiewe data gebruik is om die kwalitatiewe bevindings te ondersteun. Die ondersoek het getoon dat min literatuur ten opsigte van assessering in Suid-Afrika en internasionaal beskikbaar is, ten spyte daarvan dat assessering die basis van die getuienis van die maatskaplike werker vorm. Die grootste leemte wat in assesseringsriglyne ge'identifiseer is, is die feit dat assessering nie gewig in die hof dra nie. 'n Behoefte ten opsigte van opleiding in toepaslike assesseringsvaardighede vanuit 'n spesifieke teoretiese verwysingsraamwerk bestaan. Gestaltterapie kan 'n teoretiese verwysingsraamwerk vir assessering bied en kan dien as wetenskaplike fundering vir optrede van maatskaplike werkers tydens die statutere proses. 'n Raamwerk vir 'n assesseringsriglyn is voorgestel. / Social Work / M. Diac. (Play Therapy)

Education is since the inception of the world regarded as the formal process by which society conveys its accumulated knowledge, skills, customs and values from one generation to another. Today, education is a human right and the right to education and specifically the right to (a) basic education is acknowledged and emphasised worldwide. In South Africa, the right to a basic education is entrenched in the Constitution and is regarded as one of the most crucial constitutional rights, particularly because it promotes economical and social well-being. The protection of a child’s right to a basic education in terms of the South African Constitution together with the most important international instruments pertaining to education will be extensively discussed and the most important similarities and differences between, and challenges in the legal systems of South Africa, New Zealand and Namibia regarding a child’s right to (a) basic education will be addressed with due consideration of factors such as early childhood development and education, mother tongue education and HIV/AIDS which may affect a child’s right to (a) basic education. It is submitted that the success of any country, whether it is social, financial or economic success, depends on how its citizens are educated. Moreover, a good education system is crucial, not only for ensuring that its populace are well educated, but also for optimal human development and for the maintenance and preservation of socially responsive economic and political systems. Education is a life-long process and in order to give effect to the right to (a) basic education, the adoption and implementation of the recommendations made throughout this study are proposed. / Private Law / LL. D.

The function of a journalist is not only to inform but also to investigate. Since the public has a right to information, jurists need to protect journalists that report from dangerous war-torn regions in order to keep the world informed. As the primary reliable source and often eyewitness to humanitarian atrocities a journalist has a duty to report such atrocities. There has for several decades now been uncertainty regarding the fact whether journalists should be granted special protection or not. On the one hand it is argued that journalists should be protected in terms of humanitarian law due to their humanitarian function, the service that they render in facilitating the free flow of information to the world and the role that journalists play in society. On the other hand, some argue that the protection of journalists is not the responsibility of the international community but rather their individual national governments or local news organisations. / Jurisprudence / LL.M.

The legal rights of the women of ancient Egypt are discussed in this dissertation. All the different aspects of the legal system were examined in order to conclude whether the ancient Egyptian women indeed had legal rights. An inquiry was therefore conducted into the Egyptian Family Law, the Law of Succession, Property Law, Law of Contract and Criminal Law. The modern classification of the law was used, seeing that no evidence exists to provide us with the ancient Egyptians' classification method. / Ancient Languages and cultures / M.A.

Text in Afrikaans / Globally divorce is an increasing phenomenon. If not handled correctly it may be significantly destructive for the people involved. The new Children’s Act, Act 38 of 2005 regards the best interests of the child paramount in all matters concerning the care, protection and well-being of a child. It underpins the importance of the full, or specific parental responsibilities of parents, the importance of a conciliatory and non-confrontational approach to the settlement of child-centred disputes. It also mandates that the child has the right to participate in an appropriate way in any matter concerning that child and that his views must be given due consideration. Further Act 38 of 2005, provides for parenting plans to be agreed upon determining the exercise of their respective responsibilities and rights. The goal of this research was to explore, develop and implement a process of family mediation with reference to Act 38 of 2005. Five families affected by divorce and their children were selected as case studies for qualitative research. Applied research was done within the context of intervention research and the first four phases of Rothman and Thomas’ Intervention Research model was used. Problems caused by divorce were identified and the goal was to address the best interests of the child by improving the co-parenting relationship, parent-child relationships and the quality of parenting. Information gathering and synthesis took place by using existing information sources, studying natural examples and identifying functional elements of successful models.An observational system was designed. It included the natural observing of the five case studies, specific procedural elements and intervention. The design criteria were applied to the preliminary intervention concept. / Social Work / D.Diac. (Spelterapie-Rigting)

This short dissertation is an appraisal of same-sex marriages. The traditional arguments against same-sex unions are examined and rejected as being circular, unconvincing and baseless. Some of the international developments on the subject of same-sex unions are examined and it is noted that a slow but distinct change in attitude towards same-sex marriages is beginning to emerge from international judiciaries. The legal position of people with same-sex orientation in the South African legal system is examined with special reference to our Constitution. It is submitted that our Constitution is the foremost vehicle for legal change in this regard and that the equality clause of our Constitution is authority for the recognition by the law of same-sex marriages. This dissertation concludes that same-sex marriages ought to be fully accepted and recognised by the law for reasons, inter alia, of fairness and equality for people of same-sex orientation. / Constitutional, International & Indigenous Law / LL. M.