Section 28(1)(d) of the Constitution guarantees a child the right to be protected against abuse. When a child’s constitutional rights are violated by an offender by means of sexual abuse and degradation, the state has a legal responsibility to restore that right. In determining whether the state is adhering to its legal responsibility to socially reintegrate sexually abused children, the Constitution, the VEP, the Victims’ Charter, the UPVM, legislation and one-stop centres were explored. It was found that none of these programs, charters and documents places an obligation on the state. Section 39(1)(b) of the Constitution states that the court must consider international law when interpreting the Bill of Rights. The CRC, ACRWC, United Nations Declaration of Basic Principles were studied. It was found that although South Africa is a signatory to everyone, it does not adhere to the principles stated in the respected document. Section 39(1)(c) of the Constitution states that the court may consider foreign law when interpreting the Bill of Rights. The dissertation does not consist of a comparative study. Each of Canada, Australia and New Zealand’s legislation was studied relating to compensation schemes in order to determine what lessons can be drawn from the three countries. It was found that each country has a unique compensation scheme. Although South Africa can learn from the way in which these schemes are administered and funded, the schemes of the three countries are not beyond critique. South Africa can therefore also take note of the negative aspects of the compensation schemes of the three countries so as to improve on it. It was found that through a literature study the state does not adhere to its legal responsibility to socially reintegrate sexually abused children. It is recommended that the state should consider implementing a state-funded compensation scheme to assist the children that have fallen victim to sexual abuse and degradation. / LLM, North-West University, Potchefstroom Campus, 2014

Section 28(1)(d) of the Constitution guarantees a child the right to be protected against abuse. When a child’s constitutional rights are violated by an offender by means of sexual abuse and degradation, the state has a legal responsibility to restore that right. In determining whether the state is adhering to its legal responsibility to socially reintegrate sexually abused children, the Constitution, the VEP, the Victims’ Charter, the UPVM, legislation and one-stop centres were explored. It was found that none of these programs, charters and documents places an obligation on the state. Section 39(1)(b) of the Constitution states that the court must consider international law when interpreting the Bill of Rights. The CRC, ACRWC, United Nations Declaration of Basic Principles were studied. It was found that although South Africa is a signatory to everyone, it does not adhere to the principles stated in the respected document. Section 39(1)(c) of the Constitution states that the court may consider foreign law when interpreting the Bill of Rights. The dissertation does not consist of a comparative study. Each of Canada, Australia and New Zealand’s legislation was studied relating to compensation schemes in order to determine what lessons can be drawn from the three countries. It was found that each country has a unique compensation scheme. Although South Africa can learn from the way in which these schemes are administered and funded, the schemes of the three countries are not beyond critique. South Africa can therefore also take note of the negative aspects of the compensation schemes of the three countries so as to improve on it. It was found that through a literature study the state does not adhere to its legal responsibility to socially reintegrate sexually abused children. It is recommended that the state should consider implementing a state-funded compensation scheme to assist the children that have fallen victim to sexual abuse and degradation. / LLM, North-West University, Potchefstroom Campus, 2014

The objective of this study is to conduct a critical evaluation of the Namibian law and policy framework that currently regulates small-scale mining in Namibia. The discussion begins with an introduction to small-scale mining in Namibia which deals with the practice of small-scale mining, inter alia, as far as it is defined and the possible affects thereof. Small-scale mining affects various second generation rights of persons directly involved therein as well as the community as a whole. These rights include child labour; unemployment; gender issues; public health care; occupational health and safety; access to finance; poverty alleviation; and access to mining tools, machinery, markets and buyers. The law and policy framework applicable to small-scale mining in Namibia is accordingly critically discussed in terms of the strengths and weaknesses of the current framework. It is found that small-scale mining is quite well regulated in Namibia, but the current law and policy framework is not without its problems. Some of the main weaknesses identified are the centralised nature of the application for and pegging of claims, the lack of formal provision and regulation of the off-set markets, and the lack of access to finance for smallscale miners. Recommendations are made, such as that regulatory measures should be put in place to make provision for and to regulate the off-set markets for the minerals being mined by the artisanal miners. At the end of the study further research topics which relate directly to the regulation of small-scale mining in Namibia are identified. / LLM (Environmental Law and Governance), North-West University, Potchefstroom Campus, 2014

The objective of this study is to conduct a critical evaluation of the Namibian law and policy framework that currently regulates small-scale mining in Namibia. The discussion begins with an introduction to small-scale mining in Namibia which deals with the practice of small-scale mining, inter alia, as far as it is defined and the possible affects thereof. Small-scale mining affects various second generation rights of persons directly involved therein as well as the community as a whole. These rights include child labour; unemployment; gender issues; public health care; occupational health and safety; access to finance; poverty alleviation; and access to mining tools, machinery, markets and buyers. The law and policy framework applicable to small-scale mining in Namibia is accordingly critically discussed in terms of the strengths and weaknesses of the current framework. It is found that small-scale mining is quite well regulated in Namibia, but the current law and policy framework is not without its problems. Some of the main weaknesses identified are the centralised nature of the application for and pegging of claims, the lack of formal provision and regulation of the off-set markets, and the lack of access to finance for smallscale miners. Recommendations are made, such as that regulatory measures should be put in place to make provision for and to regulate the off-set markets for the minerals being mined by the artisanal miners. At the end of the study further research topics which relate directly to the regulation of small-scale mining in Namibia are identified. / LLM (Environmental Law and Governance), North-West University, Potchefstroom Campus, 2014