This program is writen and presented : Jan-Louis Dercksen
Jan-Louis is a non-practicing attorney. He recently obtained his Legum Baccalaureus (LL.B) from the University of the Free State, and is a law researcher with a principal interest in Criminal Law. He is responsible for the Child Justice Programme and its future presentation. He is passionate about the issue of child soldiering, and has argued for a way to improve the protection of children against soldiering in his undergraduate 2021 dissertation. He is a feminist activist and researcher, and seeks to eliminate negative stereotyping surrounding the movement. He is a prospective Restorative Justice Practitioner, pending registration for Restorative Justice training and accreditation.
ACCREDITATION: Legum Baccalaureus (LL.B) obtained from the University of the Free State.
CURRENT STUDIES: Master-Diploma in Teaching English as a Foreign and Secondary Language.
Child Justice Programme (CJP)
What is the Child Justice Programme, and what is its purpose?
What will be addressed in the first presentation of the series?
As it will be the first presentation of the series, it will focus on providing students with an introduction to the General Principles applicable to them as set out in sections 6-17 of the Children’s Act 38 of 2005 (the Children’s Act). This includes but is not limited to a general overview of the principle of the “child’s best interests”- a principle laid down in section 28(2) of the Constitution of the Republic of South Africa, 1996 (the Constitution) and provided for in sections 7 and 9 of the Children’s Act. More specific rights, responsibilities and procedures will be discussed in subsequent presentations.
Due to time constraints and for the sake of brevity, the Children’s Act will not be discussed in its entirety. Rather, the approach followed is one of explaining the sections in the Act that are of great relevance to a child’s daily life and to those who are involved with the child.
Finally, the presentation will provide an overview on GBV. This section will indicate that GBV is not only an issue faced female children and adults, but male children and adults as well. Amongst others, the aim of this section is to indicate the dangers of stereotypes in the reporting of instances of GBV and to encourage children to seek protection against it.
The content of the first presentation and those to follow comprises of various academic and legal sources, all of which are thoroughly referenced according to the JJS referencing style.
Why take time to listen to this presentation?
Why do students in school have to pay attention to these presentations?
The answer to the above question is manyfold, including but not limited to the following three arguments:
Not every student has knowledge of their rights, their place in the legal system or the fact that they can acquire legal help.
Some students to whom these presentations are presented may be victims of abuse, be it physical or emotional; and are in urgent need of help without knowing how to acquire it or may be silenced about their abuse, be it in a public or private setting (see below for more on this argument).
Situations may arise in future where you, as a student and child (as defined in the Children’s Act), may be victim or witness to several rights violations. These presentations seek to prepare you for those instances, and to enable you to identify these violations and take the necessary action against it.
With regard to the second above argument, the United Nations Children’s Fund (UNICEF) has pointed out the following:
“Violence against children takes many forms, including physical, sexual, and emotional abuse, and may involve neglect or deprivation. Violence occurs in many settings, including the home, school, community and over the Internet. Similarly, a wide range of perpetrators commit violence against children, such as family members, intimate partners, teachers, neighbours, strangers and other children. Such violence not only inflicts harm, pain and humiliation on children; it also kills. All children have the right to protection from violence, regardless of the nature or severity of the act and all forms of violence can cause harm to children, reduce their sense of self-worth, affront their dignity and hinder their development.”
In summary? We want to help open your eyes to possible legal routes.
We argue that being uninformed and blinded to your rights and legal protection can ensure a grip perpetrators. We want to help unveil the rights that may feel hidden, and inform on how to seek legal protection and assistance.
What will subsequent presentations comprise of?
As indicated, the CJP consists of a series of presentations that covers a wide range of legal issues affecting children in South Africa, including but not limited to their rights, place in the legal system and what they can do when harmed, arrested, charged with an offence and in need of legal representation or protection. The Programme further aims to shed light and awareness on various global and domestic issues such as Gender Based Violence and human trafficking.
Therefore, every subsequent presentation will focus on three components (+- 30 minutes each during every presentation. In total, each presentation will have an approximate duration of an hour to an hour and a half):
Children’s Act 35 of 2008 and the Constitution of the Republic of South Africa, 1996.
Under this component, each presentation will focus on a limited number of child rights due to time constraints, as provided the Children’s Act and the Constitution. In each presentation, the relevant rights will be discussed and explained together with their limitations and responsibilities.
Child Justice Act 75 of 2008
Under this component, each presentation will focus on criminal law and procedure from a child offender’s point of view. In each presentation the criminal justice system as applicable to children and the consequences for children who commit offences will be focused on.
Awareness on current global and domestic issues
Under this component, each presentation will focus on a different and current global or domestic issue. The aim of this component is not only to inform children on the dangers of these issues, but to raise their awareness of it in such a way that they can potentially take steps to safeguard themselves against it.
