Children in conflict with the law: assessing the implementation of the Child Justice Act 75 of 2008 in the Eastern Cape province
- Authors: Chakuwamba, Kapesi Antony
- Date: 2015-06
- Subjects: South Africa. -- Child Justice Act, 2008 , Children -- Legal status, laws, etc
- Language: English
- Type: Master's theses , text
- Identifier: http://hdl.handle.net/10353/24945 , 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. , Thesis (LLM) -- Faculty of Law, 2015
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- Date Issued: 2015-06
Housing delivery and empowerment in Post - Apartheid South Africa: The Case of Nkonkobe Municipality
- Authors: Chakuwamba, Kapesi Antony
- Date: 2009-12
- Subjects: Housing -- Development , Nation-Building , Democratization
- Language: English
- Type: Master's theses , text
- Identifier: http://hdl.handle.net/10353/23293 , vital:57027
- Description: The core argument in the study is that there have been little prospects of housing delivery in Nkonkobe Municipality. The obstacles for housing development in this area are embedded in the inflexibility of current policies and legacies of the colonial as well as the Apartheid era. Furthermore, the findings indicate that local as well as external sociopolitical practices such as lack of funding, unavailability of land, corruption, politicking, lack of community participation, impact of macro-economic policy, planning and lack of capacity seem to hamper the process of housing delivery. Hence, there is a need for an alternative development strategy which is adopted as the conceptual framework of this study. This is to enhance housing development in most rural areas. This conceptual framework propounds that housing provision in Nkonkobe region should be enhanced in the context of empowerment, nation-building and democratization in the post-Apartheid South Africa. The problem of housing has become a worldwide phenomenon. Compared to other countries, the number of people in need of adequate shelter has remarkably increased and in South Africa the number of people who live in substandard housing and those in desperate need of shelter is enormous. However, in the study a view of housing provision in post-Apartheid South Africa is advocated through looking at the nature of the state and its capacity to deliver quality housing service. A qualitative methodology comprising in-depth interviews and observation was employed in order to gain a deeper understanding of the effectiveness of the municipality in delivering quality service to its people. The ideological perspectives view historical causes and present day reasons for the perpetuation of the housing problem from different angles. A strategy based on alternative development is proposed in this study. The conceptual framework views the poor as active people engaged in the production of their own lives not passive recipients of state development projects. An underlying assumption is that housing provision is influenced by previous state forms and spatial practices. Therefore, the level of community participation could influence the success of housing development projects. , Thesis (MA) -- Faculty of Social Sciences and Humanities, 2009
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- Date Issued: 2009-12