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Making room: Facilitating the testimony of child witnesses and victims

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ISBN: 978192038347 Year: Pages: 70 Language: English
Publisher: Pretoria University Law Press (PULP)
Subject: Law
Added to DOAB on : 2020-04-09 12:15:32
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About the publicationCourt rooms are frightening places for anyone testifying. Even adults are fearful about giving evidence in front of magistrates and judges, and about being questioned by prosecutors and defence lawyers. Imagine how much more scary that must be for a child. Even worse, in sexual offences children have to talk about embarrassing things, for which they do not even have an adequate or accurate vocabulary. South African law has excellent provisions which allow children to testify via intermediaries and in separate rooms, so that they need not encounter the offender. But this is only as good as the provisioning allows. In the 2009 case of Director of Public Prosecutions v the Minister of Justice and Constitutional Development, the Court laid emphasis on these special arrangements, and at the time directed the Minister of Justice to place a report before the Constitutional Court on the readiness of the courts to provide the specialised services. Five years on, this report looks at the statistical evidence that is currently available, coupled with empirical evidence gathered from visits to sexual offences court, to determine how much progress has been made towards the goal of children being able to testify in a safe, child-friendly environment.About the authors:The Centre for Child Law was established in 1998 and is based in the Faculty of Law at the University of Pretoria. The Director of the Centre is Prof Ann Skelton.The Centre contributes towards the establishment and promotion of the best interests of children in South Africa through litigation, advocacy, research and education.Table of ContentsFOREWORDACKNOWLEDGMENTSIntroductionBackgroundQuantifying compliance: Where we were compared to where we are3.1 Intermediaries3.2 Separate child witness testifying rooms3.3 CCTV systems3.4 One-way mirrorsReported experiences: A qualitative view of court services for child victims and witnesses4.1 Eastern Cape4.1.1 Lusikisiki Court4.1.2 Engcobo Court4.1.3 Qumbu Court4.1.4 Ngqeleni Court4.1.5 Mthatha Court4.1.6 Concluding reflections on the Eastern Cape4.2 Free State4.2.1 Welkom Court4.2.2 Odendaalsrus Court4.2.3 Bothaville Court4.2.4 Concluding reflections on the Free State4.3 Gauteng4.3.1 Cullinan Court4.3.2 Bronkhorstspruit Court4.3.3 Krugersdorp Court4.3.4 Palm Ridge Court4.3.5 Pretoria North Court4.3.6 Concluding reflections on Gauteng4.4 KwaZulu-Natal4.4.1 Durban Court4.4.2 Camperdown Court4.4.3 Pinetown Court4.4.4 Verulam Court4.4.5 Pietermaritzburg Court4.4.6 Concluding reflections on KwaZulu-Natal4.5 Limpopo4.5.1 Sibasa Court4.5.2 Giyani Court4.5.3 Louis Trichardt Court4.5.4 Concluding reflections on Limpopo4.6 Mpumalanga4.6.1 Middelburg Court4.6.2 Ermelo Court4.6.3 Nelspruit Court4.6.4 Mhala Court4.6.5 Concluding reflections on Mpumalanga4.7 North West4.7.1 Brits Court4.7.2 Mmabatho Court4.7.3 Lehurutshe Court4.7.4 Zeerust Court4.7.5 Lichtenburg Court4.7.6 Concluding reflections on the North West4.8 Northern Cape4.8.1 Barkly West Court4.8.2 Warrenton Court4.8.3 Hartswater Court4.8.4 Douglas Court4.8.5 Kimberley Court4.8.6 Concluding reflections on the Northern Cape4.9 Western Cape4.9.1 Atlantis Court4.9.2 Parow Court4.9.3 Wynberg Court4.9.4 Paarl Court4.9.5 Cape Town Court4.9.6 Concluding reflections on the Western CapeSurvey results: Observations and some recommendations5.1 Lack of accommodation5.2 Intermediaries5.2.1 Skills and competency5.2.2 Debriefing of intermediaries5.2.3 Evaluation of intermediaries’ performance5.2.4 Appointment of intermediaries – Contract5.3 Awareness of the needs of child victims and witnesses5.4 Lack of toys and other means to keep children busy5.5 Lack of refreshments for child victims and witnessesConcluding recommendations

Mud to bricks: A review of school infrastructure spending and delivery

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ISBN: 9781920538255 Year: Pages: 69 Language: English
Publisher: Pretoria University Law Press (PULP)
Subject: Law
Added to DOAB on : 2020-04-09 12:18:53
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About the publicationDilapidated public school infrastructure can be found across the country, but the problem is particularly acute in the Eastern Cape where the majority of the so called 'mud schools' are located. On 04 February 2011, following court action on the issue of mud schools, the Legal Resources Centre, acting on behalf of 7 schools and the Centre for Child Law, concluded a landmark settlement with the National Department of Basic Education in which the Department committed to spend R8.2-billion from 1 April 2011 to 1 March 2014 to eradicate mud schools and improve infrastructure of schools throughout South Africa.The Centre for Child Law commissioned Cornerstone Economic Research, to track school infrastructure spending and delivery. The aim of the research was to assess what progress has been made in addressing the issues that brought about the litigation. This study, amongst other things, makes the concerning finding that the Department has woefully underspent the allocated school infrastructure funding for two years running. The target for the number of schools to be built in 2011/2012 and 2012/2013 was 49. However, only 10 schools had been completed at the end of the first year.About the authors:Carmen Abdoll has experience in public sector finance management, budget analysis, and various tax policy issues, including issues related to value-added tax, excise duties and all sub-national taxes. She has also worked on various projects related to the structure of the intergovernmental fiscal system in South Africa. Carmen has a particular interest in policy and services impacting on the lives of orphan children.Conrad Barberton is a development economist, policy researcher and trainer. He has experience in the design of intergovernmental fiscal processes, public sector finance management, budget presentation design and analysis, the costing of policies, strategic planning, monitoring and evaluation, and the design of governance accountability systems.Table of ContentsPREFACEACKNOWLEDGMENTSEXECUTIVE SUMMARYA LIST OF ABBREVIATIONS AND ACRONYMS1. IntroductionPart one: Status of school infrastructure2. Responsibility for school infrastructure planning3. Sources of information on school infrastructure3.1 Number of public ordinary schools3.2 Number of classrooms in public ordinary schools4. Backlogs in school infrastructure4.1 Planning to address backlogs in school infrastructure4.2 Backlogs in schools and classrooms4.3 Inappropriate school structures (so-called mud schools)4.4 Backlogs in basic services4.5 Backlogs in maintenancePart two: National and provincial funding of school infrastructure5. Determinants in the demand for school infrastructure6. National government allocations to school infrastructure6.1 Education Infrastructure Grant6.2 School Infrastructure Backlogs Grant7. Provincial allocations to school infrastructure7.1 Total spending by provinces on school infrastructure7.2 Provinces’ allocations of own funding to school infrastructurePart three: Performance in the delivery of school infrastructure8. Performance of the School Infrastructure Backlogs Grant8.1 Planning related to the grant8.2 Spending and delivery progress of the SIBG8.3 Likely timeframes for eradicating inappropriate school structures9. Performance of the Education Infrastructure Grant9.1 Planning related to the grant9.2 Spending and delivery progress of the EIG10. Concluding points

Compendium on key international & African children’s rights instruments

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ISBN: 9781920538880 Year: Pages: 61 Language: English
Publisher: Pretoria University Law Press (PULP)
Subject: Law
Added to DOAB on : 2020-04-08 14:53:33
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This booklet has been prepared by the Centre for Child Law, Faculty of Law, University of Pretoria. In 2018, the Centre for Child Law celebrates 20 Years of strategic litigation, research and advocacy in order to advance child law and children’s rights in South Africa. The United Nations Convention on the Rights of the Child and the African Charter on the Rights and Welfare of the Child have played an important role in shaping children’s rights jurisprudence in South Africa. This booklet is accompanied by a flash drive that contains a number of General Comments issued by the UN Committee on the Rights of the Child and the African Committee of Experts on the Rights and Welfare of the Child. This is an updatable resource – as the Committees produce future General Comments and issue views arising from their communications procedures, the new documents can be added to the flash drive, allowing this small compendium to grow as the jurisprudence expands.

Legal Grounds III: Reproductive and Sexual Rights in Sub-Saharan African Courts

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ISBN: 9781920538637 Year: Pages: 226
Publisher: Pretoria University Law Press (PULP)
Added to DOAB on : 2020-04-08 15:49:25
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Legal Grounds III: Reproductive and Sexual Rights in Sub-Saharan African Courts is a joint publication of the International Reproductive and Sexual Health Law Program of the University of Toronto, Canada; the Centre for Human Rights, Faculty of Law, at the University of Pretoria, South Africa; and the Center for Reproductive Rights, New York. It is the expanded third volume in a series originally conceived by Kibrom Isaak, LL.M., a graduate of the International Reproductive and Sexual Health Law Program, who organised and wrote the prototype, and drafted most of the first two volumes.The editors of Legal Grounds III are tremendously grateful to all those who have supported us to produce this book. The planning and execution would not have been possible without a grant from the Ford Foundation. African publication and dissemination were generously supported, through the Centre for Human Rights, by The Open Society Foundations.

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