This case note considers the automatic review of child offenders’ cases. Adult offenders’ cases go on ‘review in the ordinary course’ in limited circumstances, but section 85 of the Child Justice Act aims to provide ...

This article charts the development of a child law jurisprudence that is emerging in Eastern and Southern Africa. The article records how judgments are beginning to make reference to the United Nations Convention on the ...

This article explores girls' socio-economic rights fulfilment in South Africa. After setting out the international law context, the article turns to the lived reality of girls in this country through an examination of their ...

South Africa’s criminal justice system has traditionally provided protection for the rights of three categories of persons, namely perpetrators, victims and witnesses – both adults and children. In recent years, however, ...

The minimum age of criminal capacity in South Africa used to be seven years of age, one of the lowest in the world. The Child Justice Act raised that age from seven to 10 years, and retained the rebuttable presumption of ...

Hierdie artikel ontleed onlangse regspraak aangaande die reg op basiese onderwys. Die "vier A-skema", wat deur 'n voormalige spesiale rapporteur op onderwys van die Verenigde Nasies voorgestel is en deur die Komitee op ...

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The South African Constitutional Court is often lauded for its application of best interests in its judgments. This article acknowledges the positive aspects of the Court’s approach, especially in the earlier cases, but ...

This article explores the arguments for and against victims‟ mitigating opinions on sentence. It describes a recent South African appeal case, compares it with a similar New Zealand appeal court judgment, and then ...