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The legislation regulation of consensual sexual acts by 16 and 17 years

  • Authors: Nkontso, Siviwe
  • Date: 2023-04
  • Subjects: Delegated legislation , Sexual intercourse , Teenagers
  • Language: English
  • Type: Master's theses , Thesis
  • Identifier: http://hdl.handle.net/10948/60718 , vital:66461
  • Description: The Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007 (“SORMA”), was promulgated to consolidate the laws relating to sexual offences in South Africa. One of the most important aspects of SORMA was that it made provision for the prosecution of those who engaged in sexual acts with minor children. However, SORMA had a major drawback in that it not only criminalised consensual sexual acts with children by adults, but also criminalised consensual sexual acts between children themselves. Thus, children could be prosecuted for engaging in consensual sexual conduct with each other. Stemming from this peculiar position, the provisions of section 15 (statutory rape) and section 16 (statutory sexual assault), insofar as they related to the prosecution of adolescents for engaging in consensual sexual acts with each other, was constitutionally challenged by various human rights organisations. The Constitutional Court in Teddy Bear Clinic v Minister of Justice and Constitutional Development 2014 (2) SA (CC) found that the provisions of section 15 and 16 of SORMA were unconstitutional insofar as they criminalised consensual sexual acts between adolescents older than 12 but younger than 16. The original version of SORMA, for purposes of sections 15 and 16, defined a child as a person under the age of 16 years. Only children younger than 16 years received protection under SORMA. The provisions of sections 15 and 16 of SORMA were the subject of a constitutional challenge in Teddy Bear Clinic. However, the position of 16 and 17 year old children was not dealt with, as it did not form part of the issues that had to be decided by the court. Subsequent to the Teddy Bear Clinic judgment, SORMA was amended, and the amended version defined a child as a person younger than 18 years. Despite this, 16 and 17 year old children did not fall within the ambit of protection provided by SORMA. They were still exposed to prosecution for consensual sexual acts with their adolescent counterparts. Moreover, they were not protected against adult sexual predators who prey on young children. Effectively, SORMA provided some degree of protection, but such protection is not sufficient, and it is contrary to the best interests of the child principle. vi Thus, this research project seeks to highlight, assess and criticise the failure of SORMA to provide adequate legislative protection to 16 and 17 year old children. They still face the possibility of prosecution for consensual sexual acts with other adolescent children, and, they are not offered any protection from adult sexual predators. This position is unacceptable as it is contrary to the spirit and purport of the Constitution, specifically the best interests of the child principle, an important international law principle. Article 3 (1) of the Convention on the Rights of the Child provides that in all matters concerning children, the best interests of the child shall be a primary consideration. The African Charter on the Rights and Welfare of the Child provides that in all actions concerning the child, the best interests of the child shall be the primary consideration. Thus, the lack of protection of 16 and 17 year old children under SORMA is not only contrary to the Constitution, but also to a fundamental international law principle. , Thesis (LLM) -- Faculty of Law, School of Criminal & Procedural Law, 2023
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  • Date Issued: 2023-04

Exploring the psychosocial effects of removing teenagers from their homes to places of safety

  • Authors: Boxongo , Sisipho
  • Date: 2020
  • Subjects: Teenagers
  • Language: English
  • Type: Thesis , Masters , MSW
  • Identifier: http://hdl.handle.net/10353/18073 , vital:42226
  • Description: The child welfare system investigate over 2 Million children each year for parental abuse or neglect, yet little is known about the psychosocial effects of removing teenagers from their homes and placing them in the place of safety. Although an abusive family would undoubtedly be harmful to children, removing a child from his or her family can be just as traumatic. Long term outcome are rarely observed, and teenagers placed in the place of safety are likely differ from those not placed. Hence this study took a microscopic scrutiny at the effects of the teenager`s removal from their home environment to a place of safety. In carrying out this research qualitative method of data collection was used. The study outlined the factors that lead to removal of teenagers from their home environment to the place of safety. The study found that some of the teenagers who were removed from their home environment were due to poverty, maltreatment, negligence and child abuse at home. The study also revealed that the placement of the teenagers in the places of safety expose the teenagers to psychological, physical, emotional and behavioural negative experiences. The teenagers that participated in the study mentioned that they are stigmatised by the community and peers at school, some also cited that they have lost contact with their families. It was also found out that; the professionals who participated in the study also too experience some challenges in rendering services to the teenagers as sometimes they don`t get informed about the children`s situation on their arrival in the centre. On the other hand, another professional declared that they are trying by all means to cater for all the needs of the children, but they are failed by the case managers and other stakeholders, such as department of social development who delay the process of obtaining court orders which makes it difficult for the child to be funded and also the process of reunifying the child with the biological family.
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  • Date Issued: 2020

Influence of social media on antisocial behaviour amongst teenagers at high school in South Africa

  • Authors: Maideyi, Roseline
  • Date: 2016-01
  • Subjects: Internet and teenagers , Teenagers
  • Language: English
  • Type: text
  • Identifier: http://hdl.handle.net/10353/25519 , vital:64330
  • Description: Social media is a valuable tool that has made communication easy and effective however, it can be dangerous to teenagers if misused. The online sphere has become a platform for teenagers to connect with peers in different locales, thus increasing their exposure to large volumes of information including that which their parents, guardians and school authorities would debar them. Founded on the uses and gratifications theory and social cognitive theory, the study investigates the influence of social media on antisocial behaviour among teenagers. Uses and gratification theory was used in this study to understand how teenagers use social media whereas the social cognitive theory brought an in depth understanding as to how teenagers learn antisocial behaviour from inappropriate social media content. The social cognitive theory argues that children can acquire new behaviour through observation and learning from the environment as well as the media. The study was conducted using the mixed method design which focused on triangulation. Triangulation enables the researcher to combine theories, data sources and methods in a single study; this makes the information obtained in such a study to be verified, thus increasing validity of the study. A case study strategy of Jabavu High school learners as well as teachers was used in the study. Data was collected from Jabavu high school learners and their respective teachers to obtain information from various perspectives. Simple random sampling was used to select 150 grade 11 and 12 learners who participated in the study. Semi structured interviews were used to collect data from Jabavu high school teachers while questionnaires were used to collect data from learners at Jabavu high school located in Eastern Cape, South Africa. The study found that Jabavu High school learners attribute social media to antisocial behaviour. Thus, the study concluded that social media influences teenagers to participate in various forms of antisocial behaviour through observing, learning and imitating what they are exposed to on social media. Since teenagers attributed social media to antisocial behaviour such as pornography, violence and vulgar language they stand a chance of behaving antisocially according to the antisocial media content they are exposed to. , Thesis (MSoc) -- Faculty of Social Sciences and Humanities, 2016
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  • Date Issued: 2016-01

Guidelines for a therapeutic programme to address the mental health needs of adolescents being treated in a psychiatric hospital

  • Authors: Smith, Lourett
  • Date: 2013
  • Subjects: Teenagers , Psychiatric hospitals , Mental health facilities
  • Language: English
  • Type: Thesis , Masters , MCur
  • Identifier: vital:10036 , http://hdl.handle.net/10948/d1010963 , Teenagers , Psychiatric hospitals , Mental health facilities
  • Description: It is estimated that about 10 million children and adolescents worldwide, annually suffer from psychiatric disorders. They often require hospital treatment because they are not coping with their psychiatric condition at home or there is a lack of supervision. Suicide amongst adolescents who are experiencing a crisis is a bleak reality. In-patient treatment provides the necessary structure and supervision in order to secure a stable environment which is vital for treating adolescents. Treatment usually includes a therapeutic programme provided by members of the multi-professional team. Since there is at present no adolescent in-patient treatment facility in the Nelson Mandela Bay to provide psychiatric care to adolescents who are experiencing a mental problem, these patients are admitted to psychiatric hospitals which cater only for the needs of adult patients or they are referred to facilities in other provinces. The goals and objectives of this study are firstly, to explore and describe the perceptions of mental health professionals working in psychiatric hospitals regarding what should be included in a therapeutic programme for adolescents and secondly, to develop guidelines for treating adolescents that can be implemented in psychiatric hospitals in the Nelson Mandela Bay. The study followed a qualitative, exploratory, descriptive, contextual design. The research population included various professionals who provide services at psychiatric hospitals in the Nelson Mandela Bay. Purposive sampling was utilized. Semi-structured interviews were conducted to collect information-rich data and field notes were kept. The interviews were transcribed and Tesch’s eight steps of data analysis were followed to create meaning from the data collected. Themes were identified and grouped together to form new categories. An independent coder assisted with the coding process to ensure the trustworthiness of the findings. Literature was reviewed in order to identify research that was done previously regarding adolescent psychiatric in-patient programmes in order to bridge the gaps that were identified. The researcher ensured the validity of the study by conforming to Lincoln and Guba’s model of trustworthiness which consists of the following four constructs, namely, credibility, transferability, dependability and confirmability. The researcher ensured that the study was conducted in an ethical manner by adhering to ethical principles such as beneficence, justice and fidelity.
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  • Date Issued: 2013

Perceptions of South African teenagers on HIV counselling and testing (HCT) at an Eastern Cape School

  • Authors: Fray, Veronica
  • Date: 2011-10
  • Subjects: Teenagers , Sexual Ethics , Diseases
  • Language: English
  • Type: Master's theses , text
  • Identifier: http://hdl.handle.net/10353/24091 , vital:62344
  • Description: HIV counselling and testing has long been identified and used as an important entry point around the world in trying to minimise the impact of HIV, particularly on vulnerable populations. South Africa is one of the countries in the world most affected by HIV, and despite concerted governmental efforts to try to contain the disease since the 1990‟s; it remains a threat to the South African population today. Teenagers are a particularly vulnerable group, as they have been found to often engage in behaviours without apparent regard for the consequences of such actions. With the government’s recent upscale of HIV counselling and testing, through its largest national HCT campaign which includes school learners, this study aimed at establishing the perceptions of high school learners through a KABP survey. The study found that while learners may have the necessary knowledge of HIV/ADS, this did not necessarily determine their sexual behaviour or attitudes. Variations were also found in terms of their developmental needs, with possible implications for testing campaigns. Finally, a lack of trust that confidentiality would be maintained may seriously limit uptake of such a service at schools. , Thesis (MA) -- Faculty Social Sciences and Humanities, 2011
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  • Date Issued: 2011-10

Young women's memories of their experiences in adolescent relationships : a qualitative study

  • Authors: Breetzke, Andrea Welsh
  • Date: 2001
  • Subjects: Teenage girls , Adolescent psychology , Teenagers , Parent and teenager , Teenage parents
  • Language: English
  • Type: Thesis , Masters , MSocSc
  • Identifier: vital:690 , http://hdl.handle.net/10962/d1006366 , Teenage girls , Adolescent psychology , Teenagers , Parent and teenager , Teenage parents
  • Description: Democratic Government in South Africa has brought with it changes in ideology and policy as well as a focus on a new area of concern. It has recognised the importance of young people. In May 1995 the Inter-Ministerial Committee for Youth at Risk (IMC) was established to re-organise the Child and Youth Care system in order increase its effectivity in coping with vulnerable youths. The IMC proposed a new framework for understanding and working with youth based on the principle of the Sioux parenting practices, called the Circle of Courage. Traditionally, helping professionals such as social workers use western theories, such as Erikson's Psychosocial Stage theory, to understand adolescents. Both of these theories and philosophies were not developed in South Africa and there is, therefore, cause for concern as to their relevance to the diverse and unique circumstances of this country. In this qualitative study, five young South African women attending a tertiary institution were asked to tell the stories of their adolescence with specific reference to their boy/girl relationships and factors influencing these relationships. The data was gathered in one or two semi-structured interviews. Data was analysed using Miles and Huberman's (1994) broad model using data reduction (through coding), data display (with the use of two context charts and a thematic conceptual matrix)and verification and conclusion drawing (through finding synergies and contrasts between the data and the two theories). This analysis was conducted with two specific aims. The first aim was to provide a thick description of one of the women's stories to show the complexity and diversity of her experience. Secondly, synergies and contrasts were sought between the women's stories and the two theories: Erikson's stage theory and the Circle of Courage. The analysis showed strong evidence that aspects from both these theories existed in the data and that to some degree both were relevant to the experiences of these five women.
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  • Date Issued: 2001

The Sound of Africa: Music of the Ciskei

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