- Title
- Children in conflict with the law: assessing the implementation of the Child Justice Act 75 of 2008 in the Eastern Cape province
- Creator
- Chakuwamba, Kapesi Antony
- Subject
- South Africa. -- Child Justice Act, 2008
- Subject
- Children -- Legal status, laws, etc
- Date
- 2015-06
- Type
- Master's theses
- Type
- text
- Identifier
- http://hdl.handle.net/10353/24945
- Identifier
- vital:63683
- Description
- The study explored efforts made by various stakeholders involved in the implementation of the Child Justice Act (CJA). It is essential to get insight on the roles of stakeholders in the child justice and view how their efforts could or do not warrant an effective coordination of the child justice system. This study was inductive in nature. Primary data came from in-depth interviews with individuals and government officials as well as focus groups with children in conflict with the law. Various assumptions relating to delinquent behaviour were highlighted by a description of the various factors underlying or contributing to this behaviour. The theories discussed such as social disorganization and differential association are relevant to this study and help to understand juvenile delinquency. It is essential to look at the extent and causes of juvenile delinquency as well as the history of child justice in South Africa, so that this can be used as a yardstick to measure the development of the law on child justice and see if the coming of the new CJA has made improvements to address juvenile delinquency. This study showed that the development of international and regional norms and standards on juvenile justice such as the UN Convention on the Rights of a Child, the UN Minimum Rules for Administration of Juvenile Justice, the UN Standard Minimum Rules For the Protection of Juveniles Deprived of their Liberty the UN Guidelines for Prevention of Juvenile Delinquency and the African Charter on the Rights and Welfare of the Child provide a comprehensive framework at the international level within which the issue of child justice should be understood. The study also argued that although the CJA brought new innovations in the criminal justice system, challenges in various key provisions of CJA such as assessment, preliminary inquiry, diversion, sentencing, child and youth care centres are noted. Other key findings include lack of training or capacity building, unavailability of budget and public education awareness. There is a need to look at these challenges to improve the multi-sectoral implementation of the CJA.
- Description
- Thesis (LLM) -- Faculty of Law, 2015
- Format
- computer
- Format
- online resource
- Format
- application/pdf
- Format
- 1 online resource (114 leaves)
- Format
- Publisher
- University of Fort Hare
- Publisher
- Faculty of Law
- Language
- English
- Rights
- University of Fort Hare
- Rights
- All Rights Reserved
- Rights
- Open Access
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UFH Nelson R Mandela School of Law
| Thumbnail | File | Description | Size | Format | |||
|---|---|---|---|---|---|---|---|
| View Details | SOURCE1 | CCHAKUWAMBA MPHIL MINI-DISSERTATION FINAL 2015.pdf | 1 MB | Adobe Acrobat PDF | View Details |