A comparative analysis of the intermediary systems in South Africa, Namibia, Zimbabwe and Ethiopia
- Authors: Wilkerson, Tendai Marowa
- Date: 2011
- Subjects: Juvenile courts -- South Africa , Juvenile courts -- Namibia , Juveline courts -- Zimbabwe , Juvenile courts -- Ethiopia , Children -- Legal status, laws, etc. -- South Africa , Children -- Legal status, laws, etc. -- Namibia , Children -- Legal status, laws, etc. -- Zimbabwe , Children -- Legal status, laws, etc. -- Ethiopia , Child witnesses -- South Africa , Child witnesses -- Namibia , Child witnesses -- Zimbabwe , Child witnesses -- Ethiopia , Mediation -- Law and legislation -- South Africa , Mediation -- Law and legislation -- Namibia , Mediation -- Law and legislation -- Zimbabwe , Mediation -- Law and legislation -- Ethiopia , Children's rights -- South Africa , Children's rights -- Namibia , Children's rights -- Zimbabwe , Children's rights -- Ethiopia
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: vital:3698 , http://hdl.handle.net/10962/d1003213 , Juvenile courts -- South Africa , Juvenile courts -- Namibia , Juveline courts -- Zimbabwe , Juvenile courts -- Ethiopia , Children -- Legal status, laws, etc. -- South Africa , Children -- Legal status, laws, etc. -- Namibia , Children -- Legal status, laws, etc. -- Zimbabwe , Children -- Legal status, laws, etc. -- Ethiopia , Child witnesses -- South Africa , Child witnesses -- Namibia , Child witnesses -- Zimbabwe , Child witnesses -- Ethiopia , Mediation -- Law and legislation -- South Africa , Mediation -- Law and legislation -- Namibia , Mediation -- Law and legislation -- Zimbabwe , Mediation -- Law and legislation -- Ethiopia , Children's rights -- South Africa , Children's rights -- Namibia , Children's rights -- Zimbabwe , Children's rights -- Ethiopia
- Description: 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.
- Full Text:
- Date Issued: 2011
- Authors: Wilkerson, Tendai Marowa
- Date: 2011
- Subjects: Juvenile courts -- South Africa , Juvenile courts -- Namibia , Juveline courts -- Zimbabwe , Juvenile courts -- Ethiopia , Children -- Legal status, laws, etc. -- South Africa , Children -- Legal status, laws, etc. -- Namibia , Children -- Legal status, laws, etc. -- Zimbabwe , Children -- Legal status, laws, etc. -- Ethiopia , Child witnesses -- South Africa , Child witnesses -- Namibia , Child witnesses -- Zimbabwe , Child witnesses -- Ethiopia , Mediation -- Law and legislation -- South Africa , Mediation -- Law and legislation -- Namibia , Mediation -- Law and legislation -- Zimbabwe , Mediation -- Law and legislation -- Ethiopia , Children's rights -- South Africa , Children's rights -- Namibia , Children's rights -- Zimbabwe , Children's rights -- Ethiopia
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: vital:3698 , http://hdl.handle.net/10962/d1003213 , Juvenile courts -- South Africa , Juvenile courts -- Namibia , Juveline courts -- Zimbabwe , Juvenile courts -- Ethiopia , Children -- Legal status, laws, etc. -- South Africa , Children -- Legal status, laws, etc. -- Namibia , Children -- Legal status, laws, etc. -- Zimbabwe , Children -- Legal status, laws, etc. -- Ethiopia , Child witnesses -- South Africa , Child witnesses -- Namibia , Child witnesses -- Zimbabwe , Child witnesses -- Ethiopia , Mediation -- Law and legislation -- South Africa , Mediation -- Law and legislation -- Namibia , Mediation -- Law and legislation -- Zimbabwe , Mediation -- Law and legislation -- Ethiopia , Children's rights -- South Africa , Children's rights -- Namibia , Children's rights -- Zimbabwe , Children's rights -- Ethiopia
- Description: 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.
- Full Text:
- Date Issued: 2011
The nature and extent of child labour in Zimbabwe: a case study of Goromonzi District farms in Zimbabwe
- Authors: Musandirire, Sally
- Date: 2010
- Subjects: Child labour -- Zimbabwe , Child abuse -- Zimbabwe , Child welfare -- Zimbabwe , Child prostitution -- Zimbabwe , Children's rights -- Zimbabwe
- Language: English
- Type: Thesis , Masters , MA (Human Rights)
- Identifier: vital:11097 , http://hdl.handle.net/10353/266 , Child labour -- Zimbabwe , Child abuse -- Zimbabwe , Child welfare -- Zimbabwe , Child prostitution -- Zimbabwe , Children's rights -- Zimbabwe
- Description: The study examines the nature and extent of child labour in Goromonzi District farms in Zimbabwe. The main objective of the study was to investigate the nature and extent of child labour in Goromonzi District farms. The study reveals high levels of child exploitation and abuse. A qualitative design was chosen and purposive sampling was used. Interviews were used to collect data. The sample consisted of 40 children between 7 and 16 years. Interviews were also conducted with the Coalition Against Child Labour in Zimbabwe (CACLAZ). CACLAZ is an NGO that specializes in the elimination of child labour in Zimbabwe through the provision of education. The study reveals different forms of child labour. These include children working in communal and commercial farms, children working in domestic set up and child prostitution. The study exposes some of the causes and effects of child labour. Poverty, increased cost of education, and cultural practices were some of the causes of child labour. The study also reveals gaps that exist in the LRA. In view of the findings, the study makes recommendation on how to curb child labour and protect the rights of children as enshrined in various international instruments such as the CRC and ILO Conventions.
- Full Text:
- Date Issued: 2010
- Authors: Musandirire, Sally
- Date: 2010
- Subjects: Child labour -- Zimbabwe , Child abuse -- Zimbabwe , Child welfare -- Zimbabwe , Child prostitution -- Zimbabwe , Children's rights -- Zimbabwe
- Language: English
- Type: Thesis , Masters , MA (Human Rights)
- Identifier: vital:11097 , http://hdl.handle.net/10353/266 , Child labour -- Zimbabwe , Child abuse -- Zimbabwe , Child welfare -- Zimbabwe , Child prostitution -- Zimbabwe , Children's rights -- Zimbabwe
- Description: The study examines the nature and extent of child labour in Goromonzi District farms in Zimbabwe. The main objective of the study was to investigate the nature and extent of child labour in Goromonzi District farms. The study reveals high levels of child exploitation and abuse. A qualitative design was chosen and purposive sampling was used. Interviews were used to collect data. The sample consisted of 40 children between 7 and 16 years. Interviews were also conducted with the Coalition Against Child Labour in Zimbabwe (CACLAZ). CACLAZ is an NGO that specializes in the elimination of child labour in Zimbabwe through the provision of education. The study reveals different forms of child labour. These include children working in communal and commercial farms, children working in domestic set up and child prostitution. The study exposes some of the causes and effects of child labour. Poverty, increased cost of education, and cultural practices were some of the causes of child labour. The study also reveals gaps that exist in the LRA. In view of the findings, the study makes recommendation on how to curb child labour and protect the rights of children as enshrined in various international instruments such as the CRC and ILO Conventions.
- Full Text:
- Date Issued: 2010
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