Summaries in English and Afrikaans / Text in Afrikaans / In the past, witness statements obtained by or on behalf of a party to a criminal case were protected, from disclosure to the opponent, by privilege. The purpose of this dissertation is to investigate whether such claims to privilege are justified and whether openness before and during the trial is not perhaps more important to the interests of justice. The disclosure of witness statements to the defence is a commonly recognized practice all over the world. This practice enhances openness before and during the criminal trial. The arguments against and in favor of such a practice are many, but investigation into these has shown that it is in the interests of justice to disclose such statements to the defence, rather than to deny access. Furthermore, the writer investigates whether it would be in the interests of justice to compel the defence to assist the court in determining the truth. / In die verlede is getuieverklarings wat deur of ten behoewe van 'n party tot 'n strafsaak bekom is deur privilegie beskerm, teen openbaarmaking aan die teenstander. Verskeie argumente is aangevoer om die beroep op getuieverklaring privilegie te regverdig. Die doel van hierdie verhandeling is om ondersoek in te stel of sulke aansprake geregverdig is en of openheid voor en gedurende die verhoor nie meer belangrik vir die belang van geregtigheid is nie. Die openbaarmaking van getuieverklarings aan die verdediging is 'n algemeen erkende praktyk regoor die wereld. Hierdie praktyk bevorder openheid voor en tydens die strafverhoor. Die argumente vir en teen so 'n praktyk is baie en 'n ondersoek daarvan dui daarop dat dit in die belang van geregtigheid is om sulke verklarings aan die verdediging te openbaar, eerder as om toegang daartoe te weier. Die vraag is nou of dit nie ook in die belang van geregtigheid is dat die verdediging verplig word om die hof by te staan om die waarheid vas te stel nie. Ten slotte het die skrywer aan die hand gedoen dat partye tot 'n straf saak getuieverklarings gelyktydig voor die verhoor uitruil en ondersoek ingestel of so 'n praktyk in ooreenstemming met die Grondwet van Suid-Afrika 108 van 1996 kan wees. / Law / LL.M.

The South African Justice System is a broader system that brings law and order to society. This law and order also includes the constitutional rights of the sexually abused children. A special court dealing with cases of children who are sexually abused is functioning throughout the country. The purpose of this study is to develop a framework for social workers working with children in these special courts. The problem identified is that in these courts no framework exists for social workers focusing on the guidance of the child through the processes of the Justice System. This includes the therapeutic guidance by means of brief or directive therapy. The research methodology for this study focused on developmental research by using the Intervention research model of Rothman and Thomas (1994). The phases implemented in the study were Problem analysis and project planning, information gathering and synthesis and design. Qualitative data was gathered by means of semi-structured interviews and integrated in phase two of the research report. A proto-type guideline was developed and needs to be evaluated in future research. / Social Work / M.Diac. (Play Therapy)

The South African Justice System is a broader system that brings law and order to society. This law and order also includes the constitutional rights of the sexually abused children. A special court dealing with cases of children who are sexually abused is functioning throughout the country. The purpose of this study is to develop a framework for social workers working with children in these special courts. The problem identified is that in these courts no framework exists for social workers focusing on the guidance of the child through the processes of the Justice System. This includes the therapeutic guidance by means of brief or directive therapy. The research methodology for this study focused on developmental research by using the Intervention research model of Rothman and Thomas (1994). The phases implemented in the study were Problem analysis and project planning, information gathering and synthesis and design. Qualitative data was gathered by means of semi-structured interviews and integrated in phase two of the research report. A proto-type guideline was developed and needs to be evaluated in future research. / Social Work / M.Diac. (Play Therapy)

Prior to 1990, very few countries in the world offered special protection to child witnesses interfacing with the justice system. There were no legal provisions permitting testimonial accommodations for children in court. The courtroom experience was significantly traumatic for the children. With the international focus shifting from protecting and upholding the rights of the accused in the courtroom towards a more victim-centred approach, various international and regional instruments have strongly dvocated that children deserve special protection because of their vulnerability. In order for the courts to be able to elicit accurate evidence from the child without further traumatizing the child, research has shown that the child needs assistance. An intermediary may be defined as a person who facilitates communication between the child and the courtroom in a manner that takes into account the child‟s cognitive and developmental limitations. The thesis was prompted by the need to make a contribution to the currently limited body of literature on the intermediary systems in South Africa, Namibia, Zimbabwe and Ethiopia by investigating how the systems can be improved and sustained in a way that helps to protect the child witness in court. Despite the problems the South African courts have had in identifying the appropriate interpretation of its intermediary legislation, the country emerges as a clear leader for the steps it took by creating a positive legal framework within which child protection issues are addressed and introducing the concept of the intermediary. This concept proved to be an inspiration to its neighbours, Namibia and Zimbabwe. The influence of the South African intermediary legislation is evident in the Namibian and Zimbabwean legislation. Although Namibian legislators have drafted laws that permit intermediary assistance in court, there are as yet no intermediaries appointed. In Ethiopia, although there is no discernible intermediary legislation, the country has managed to establish an intermediary system. As a result of the analysis conducted, it is evident that the efficacy of the intermediary system is dependent on the presence of an enabling legislation, its clarity and ease of interpretation, the sensitisation of court role players on child vulnerabilities, the significance of intermediary assistance, and finally a government's commitment towards the implementation process.