Research Articles (Law of Procedure and Law of Evidence)

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Browsing Research Articles (Law of Procedure and Law of Evidence) by Author "Reyneke, J. M."

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    Are the rights of the disabled a reality in South Africa? Part One
    (Faculty of Law, University of the Free State, 2003-12) Reyneke, J. M.
    English: For a long time the rights of disabled persons have been ignored not only in South Africa, but also in the rest of the world. There are many disabled persons who can participate on an equal level with able-bodied persons, but on the other hand, there are many disabled persons who are unable to do so due to the nature and severity of their disabilities. Discrimination against disabled persons leads to exclusion from functioning in a normal way in the community and the denial of the right to function freely in society. Legislation can assist in the prevention of discrimination against such persons and also in their upliftment.
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    Are the rights of the disabled a reality in South Africa? Part two
    (Faculty of Law, University of the Free State, 2004-06) Reyneke, J. M.; Oosthuizen, H.
    English: For a long time the rights of disabled persons have been ignored not only in South Africa, but also in the rest of the world. There are many disabled persons who can participate on an equal level with able-bodied persons, but on the other hand there are many disabled persons who are unable to do so due to the nature and severity of their disabilities. Discrimination against disabled persons lead to the exclusion of them to function in a normal way in the community and the denial of their rights and to function freely in society. Legislation can assist in the prevention of discrimination against such persons and also in their upliftment.
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    Dignity: the missing building block in South African schools?
    (Faculty of Law, University of the Free State, 2010) Reyneke, J. M.
    English: There is a dire need in South Africa to build a strong education system to meet the needs and expectations of its people. Unfortunately, education is currently in an unacceptable state, with, inter alia, escalating school-based violence, deteriorating matriculation results and standards, high absenteeism rates among educators, strikes, and a lack of proper facilities and infrastructure. Lack of respect for the right to dignity of stakeholders will be investigated as an underlying contributing factor to this unfortunate situation. First, the concept of dignity will be discussed. Secondly, certain conduct, actions and decisions on the part of the different stakeholders will be considered with specific reference to the impact thereof on the different dimensions of the right to dignity of other stakeholders. It will be argued that all stakeholders in education infringe, to some extent, the right to dignity of others and that they should be sensitised to these infringements.
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    Sexual Offences Courts in South Africa: quo vadis?
    (Faculty of Law, University of the Free State, 2008-12) Kruger, H. B.; Reyneke, J. M.
    English: Since the establishment of the first Sexual Offences Court in Wynberg in 1993, various developments have taken place that include, but are not limited to, the following : several investigations into these courts were undertaken; the Sexual Offences and Community Affairs Unit (SOCA Unit) was established; a blueprint for Sexual Offences Courts was drafted and later refined; and, by 2007, the number of Sexual Offences Courts had increased to 59. These courts have performed exceptionally well compared with general regional courts and conviction rates rose to 70 per cent on average. Despite the obvious success of these courts, the Minister of Justice and Constitutional Development declared a moratorium on the establishment of additional Sexual Offences Courts pending the outcome of an evaluation of existing Sexual Offences Courts. In this article, a synopsis of the development of Sexual Offences Courts is given and the subsequent evaluation commissioned by the Minister is assessed and is supplemented with recommendations to enhance efforts to combat sexual offences through the Sexual Offences Courts.
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    Sexual Offences Courts: better justice for children?
    (Faculty of Law, University of the Free State, 2006-12) Reyneke, J. M.
    English: Child victims of sexual abuse are vulnerable witnesses who experience trauma and secondary victimisation when they testify in sexual abuse cases. Sexual Offences Courts aim to alleviate this problem in various ways. The main focus of this article is to examine the prescribed blueprint for Sexual Offences Courts in order to determine whether blueprint-compliant Sexual Offences Courts contribute to better justice for child victims of sexual offences. Each blueprint requirement is therefore analysed with the aim of determining whether possible advantages for child victims can be identified.The conclusion is reached that substantial advantages for child victims are provided by blueprint compliant Sexual Offences Courts. By 2005 54 Sexual Offences Courts were established countrywide and official statistics indicate that these courts are very successful. However, despite numerous commitments by government to establish more of these courts, a moratorium on the establishment of new courts was announced. It is argued that blueprint compliant Sexual Offences Courts do indeed provide better justice for children and therefore more of these courts should be established at a much faster rate.