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Juvenile Justice in South Africa: An exploration of the changing philosophies which underlie juvenile justice and it's potential impact on the penal and welfare system of South Africa
(1999) Goliath, Patricia Lynette; Smit, Dirk Van Zyl
The South African juvenile justice system centres mainly around two basic paradigms namely the welfare model and the justice model. Under the justice model the juvenile is viewed as being one who is fully responsible for their actions. If convicted the juvenile must receive some form of punitive or rehabilitive punishment The welfare model on the other hand seeks to intervene to discover the antecedent causes of unlawful or deviant behaviour. It maintains that children in conflict with the law should be removed from the criminal justice system and dealt with in terms of their social and psychological needs. Because the boundaries between these two systems are interrelated we' are confronted with conflicting punishment ideologies. Before the establishment of the reformatory there had been no special institutional provision for the confinement of juvenile delinquents. The Prison and Reformatories Act 13 of 1911 made provision for the treatment of juvenile offenders. Further legislation was introduced in 1913 in the form of the Children's Protection Act and the 1917 Criminal and Evidence Act. The whole system was revised in 1934 culminating in the Children’s Act of 1937. This Act amended the 1917 Criminal and Evidence Act am/ defined sentences which could be imposed on young offenders. In 1960 new legislation was enacted with the aim of further protecting and caring for children in need of care. Act 33 of 1960 made provision for children's courts but no new procedures for dealing with juvenile offenders were introduced The welfare model gained wide popularity and the current Child Care Act 74 of 1983 has as it's primary function the " best interest of the child". Despite the adoption of child care legislation which purports to follow the welfare mode, the present system of juvenile justice adheres to a rather strict interpretation of the justice paradigm. In South African law there is often little distinction between a child in need and one who is found guilty under criminal law. The Criminal Procedure Act 51 of 1977 made provision for various sentencing options for juveniles. Corporal punishment in terms of Section 294 was the most common form of sentencing until the constitutional court abolished the sentence of whipping for juvenile offenders on 9 June 1995. However, pre-trial detention of children were prevalent. In September 1993 a seminar on legislative drafting was held in Cape Town where a committee representing a number of organisations was formed to draw up a draft document for the drafting of legislation for juvenile justice. This document, Juvenile Justice for South Africa: proposals for policy and legislative change, was the first step towards the legislative creation of a juvenile justice system. In May 1995 an amendment to Section 29 of the Correctional Services Act (act 8 of 1959) was promulgated namely the Correctional Services Amendment Act 17 of 1994 that finally prevented young people from being held in prisons and police cells. Also during May 1995 an Inter-Ministerial Committee of Young People at Risk was established with the sole purpose of managing and transforming the South African child and youth care system. These positive moves were overshadowed by problems such as inadequate secure care facilities, escapes from custody and even an increase in juvenile crime. Pressure from the public ·and various agents dealing with juvenile offenders led to the promulgation of a new Section 29 of the Correctional Services Act on 10 May 1996 namely Act 14 of 1996. This Act allowed for the holding of children over 14 and under 18 years charged with serious offences in prisons during the awaiting trial period. Under the auspices of the Inter-Ministerial Committee a policy document was drafted in October 1996 setting out proposals for a comprehensive juvenile justice system. A November 1996 study by the Inter-Ministerial Committee found that there was a daily population of more than 1600 children awaiting trial in prison and police cells countrywide. In 1997 the South African Law Commission published an Issue Paper, which identified and discussed various issues with a view to eliciting comment and stimulating debate on the entire question of juvenile justice legislation in South Africa. The South African Law Commission also released a discussion paper with draft legislation in 1998. The paper contains proposals relating to a new juvenile justice system and invites comment until 31 March 1999. The proposed system aims to entrench diversion as a central feature of the juvenile justice system and extend sentencing options to be more in line with the restorative justice model, including victim-offender mediation, and family group conferencing. The draft legislation includes proposals for a monitoring system as applied in New Zealand The Inter-Ministerial Committee also established Project Go to speed up the transformation of the child and youth care system and prepare for the release of children awaiting trial from prison. Despite this the creation of viable alternatives to prison for children still remains a contentious issue. Is a solution to the punishment dilemma possible?· Can we reasonably expect to approach agreement regarding the objectives of juvenile punishment. South Africa can only benefit by drawing from international instruments and child justice models developed by other countries in order to determine the principles of an ideal juvenile justice system. Consensus may not be possible but it is the responsibility of all role-players to reflect thoughtfully and intelligently on this subject. The transformation of the child and youth care system in South Africa therefore remains one of the major challenges facing the South African juvenile justice system.
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Open Access
Cerebral granulomas: differentiating between tuberculosis and cysticercosis
(1999) Hemingway, Cheryl; Leary, PM
The study attempted to determine the optimal feasible method to differentiate the intracranial single granuloma caused by tuberculosis from that caused by cysticercosis. 62 patients who were found to have a single granuloma on computerised tomography (CT) scanning • answered a questionnaire • were examined • underwent further special investigations looking for evidence of either tuberculosis or cysticercosis. The 47 mantoux negative patients in whom a diagnosis of tuberculosis was unlikely were treated with the anti-helminthic albendazole. The remaining 15 patients, all of whom had a positive mantoux skin test, received six months of anti-tuberculosis chemotherapy. At follow-up at 3 months only 8% of children had had further seizures and the CT scan revealed that in 96% of children the lesions had disappeared or calcified. This increased to 98% at 6-month follow-up. Calcification occurred only in those diagnosed as neurocysticercosis. Analysis of special investigations performed showed that no single investigation taken in isolation is able definitively to differentiate the single granuloma caused by neurocysticercosis from that caused by tuberculosis.
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Open Access
Understanding the Commission for Conciliation, Mediation and Arbitration: A comparative approach with reference to the German Court system, the Advisory Conciliation and Arbitration Service in Great Britain and the Australian Industrial Relations Commission
(1999) Gross, Anne; Kalula, Evance
The new South African Labour Relations Act of 1995 fundamentally reformed the area of labour law. One of the inventions was to design the Commission for Conciliation, Mediation and Arbitration (CCMA). The main function of the CCMA is the resolution of industrial disputes by conciliation and arbitration. In addition, the CCMA should set up industrial relations structures by helping to establish workplace forums, bargaining and statutory councils. This paper will explore the CCMA by comparing it to the German Labour Courts, the British Advisory Conciliation and Arbitration Commission and the Australian Industrial Relations Commission. These institutions inspired the drafters of the LRA of 1995 when designing the CCMA. The main function of these institutions is the resolution of labour disputes, but for the German labour courts this is the only function. These institutions approach labour disputes differently by using methods of conciliation, arbitration, and adjudication. First, this paper will approach the issue of dispute resolution from a general point of view, describing the characteristics of labour disputes and giving an overview of the debate whether labour disputes should be resolved by means of adjudication or alternative forms of disputes resolution. The second part of this paper will analyse the CCMA from a comparative angle. After 3 years in operation, the CCMA has the impressive settlement rate of 69 %. However, these three years revealed a number of problems. Some of these problems are linked to the fact that the bargaining, statutory councils and the workplace forums do not operate efficiently, loading too much work on the CCMA. Another criticism is that the CCMA is not adequately staffed and some commissioners are not well qualified to fulfil the functions. The paper will mainly deal with the problems arising out of the Act itself, which contains policy decisions and problems of interpretation. The paper will for example discuss whether the right of legal representation should be widened, whether the referral of a disputes to the CCMA should become more difficult and whether the separation of functions between the CCMA and the Labour Court should be changed.
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Open Access
Cuban artist, Leo Brouwer, and his solo guitar works: Pieza sin titulo To Elogio de la Danza. A contextual-analytical study
(2000) Kronenberg, Clive; May, James
The thesis investigates wide-ranging issues central to the Cuban artist, Leo Brouwer (b. 1939). Although considered by some scholars as perhaps the most significant living composer for the guitar in the twentieth century, Brouwer has not achieved the wide acclaim he deserves. This stems mainly from the North American Embargo imposed upon the Cuban nation for some forty years. Part I of the thesis explores issues concerning the artist's homeland and life. Part II examines a selection of solo guitar works from the composer's national stylistic period, 1956 - 1964. Analyses are presented of the composer's early works from 1956-57~ Tres Apuntes (1959), Etudes Simples (1960-61) and Elogio de la Danza (1964). The analyses aim towards illustrating the artist's close association with his national culture, combined with his purpose of structuring universal art forms. Attention is drawn to the artist's employment of (1) Afro-Cuban national and traditionally tonal elements fused with more advanced compositional techniques (2) Idiomatic and pragmatic guitar techniques designed for the inexperienced player. Integrated into the thesis are discussions on some historically significant composers, performers and tutors who shaped Brouwer's artistry. Appendix A contains all the music scores which have been discussed in detail, Appendix B is a transcription of personal interviews by the author with Leo Brouwer conducted at the 1998 Nilrtingen Guitar Festival in Germany and Appendix C presents official Cuban perspectives on the Cuban Revolution and the imposed North American Embargo.
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Open Access
Access to health: factors associated with maternal healthcare service utilisation among women in Tanzania
(2026) Ntemi Tulla, Petro; Garba, Muhammed Faisal; Toska , Elona
Background: Maternal healthcare remains a critical global and national social issue, with Tanzania experiencing persistently high maternal mortality rates despite policy interventions. This study investigates the factors associated with the utilisation of antenatal care (ANC), skilled birth assistance (SBA), and postnatal care (PNC) services among women aged 15–49 years in Tanzania. The study seeks to identify socio-economic, cultural, and structural factors associated with service utilisation for each of the three components of maternal healthcare, contributing to efforts to reduce maternal mortality and achieve Sustainable Development Goal 5.6 on reproductive healthcare and rights. Methods: The study utilised a quantitative research design, drawing on secondary data from the 2015–2016 Tanzania Demographic and Health Survey and Malaria Indicator Survey. This dataset included a representative sample of Tanzanian women the sample comprised 7,019 participants for ANC visits; 7,050 for SBA, and 8,794 for PNC in the bivariate analyses. The multivariable logistic regressions included 5,705 observations for both ANC and SBA, and 5,658 for PNC. Social action theory conceptualised ANC and SBA service utilisation, while Health Belief Model was used to conceptualise PNC service utilisation. The study employs different theories for different maternal healthcare outcomes because each stage of maternal healthcare service utilisation is associated with distinct factors, necessitating tailored theoretical explanations. Outcome variables included: the number of ANC visits (≥4), SBA assistance during childbirth and PNC within two days of childbirth or after being discharged from health facilities. Women's socio-demographics were used as independent variables. Descriptive statistics, chi-square tests, and multivariate logistic regression analyses were conducted using STATA software. Statistical significance was determined at a p-value < 0.05. Results and theoretical interpretation: Approximately 50.95% of women attended four or more ANC visits, 13.7% received SBA during childbirth, and 39.9% utilised PNC services within two days after childbirth. Higher education, decision-making autonomy, health insurance, media exposure, and wealth were significant positive factors of service utilisation across ANC, SBA and PNC. Geographical disparities were noted, with women in urban areas and certain zones (e.g., Eastern, Southern Highlands) more likely to utilise services than those in rural or marginalised regions. Social Action Theory indicated how socio-economic and cultural factors, such as wealth and decision-making autonomy, shaped rational, traditional, and affective behaviours associating ANC and SBA service utilisation. The Health Belief Model highlighted the role of perceived barriers, motivators, and cues to action, such as media exposure, in utilising PNC services. Conclusions: The study identifies significant socio-economic, cultural, and structural factors associated with maternal healthcare service utilisation in Tanzania. Addressing structural barriers, enhancing education, promoting gender equality, and improving maternal healthcare infrastructure are essential to achieving equitable maternal health outcomes. Policymakers should prioritise targeted interventions to address disparities in maternal healthcare service utilisation, particularly in rural and underserved areas. The study proposes the following actionable recommendations: 1) It emphasises the development of geographically targeted interventions by designing and implementing specific, evidence-based strategies. These interventions should aim to improve maternal healthcare service utilisation by addressing the barriers faced by particular groups of women, especially those in rural, marginalised, or socioeconomically disadvantaged settings. This can be to improve education, expand health insurance coverage, and promote gender equality in decision-making. 2) Invest in rural healthcare infrastructure and ensure the availability of skilled birth attendants. 3) Enhance media campaigns to raise awareness about the importance of maternal healthcare services, particularly in rural and underserved areas, as well as implement poverty alleviation programmes and social protections to reduce disparities in maternal healthcare service utilisation.