COMPARATIVE APPROACH ON CJA AND ITS LAWSUIT NOTIONS
BY: MARTIN MATIDZE
STUDENT NUMBER: 10109153
2022 LME 3701: SECOND SEMESTER
FINAL RESEARCH ASSIGNMENT: 03
WORKING TITTLE
COMPARATIVE APPROACH ON CJA AND ITS LAWSUIT NOTIONS
1
,TABLE OF CONTENT PAGE NUMBER:
1. Introduction………………………………………………………………………….3-4
2. Problem statement…………………………………………………………………4-5
3. Hypothesis…………………………………………………………………………..5-6
4. Points of departure and assumptions………………………………………….…6-9
5. Conceptualisation of central research themes……………………………….….9-10
6. Proposed chapter outlay…………………………………………………………...10-9
7. Projected time scale………………………………………………………………..10-11
8. Description of proposed research method……………………………………….11-12
9. Preparatory study and research. Indicate at least:
Sources you have already consulted and give a brief
explanation/description/summary of each………………………………………….12-13
10. Conclusion………………………………………………………………………....14
11. Bibliography……………………………………………………………………......15-18
12. Academic honesty declaration……………………………………………………19
2
, 1 INTRODUCTION
At this starter, what I’m intending to research is the primary goals of the juvenile
justice system, by doing so, it will be good in maintaining public safety, like skill
development, rehabilitation, addressing of treatment needs, and fruitful therapy of
juveniles into the community. However, the juvenile justice system will have to take a
suggestively restorative approach than the adult criminal justice system. This
Research and its method as a comparative flair will also be leading to the design and
evaluation of programs in order to prevent child offenders.
This research deals or provides a brief comparative slant development of the law on
the issue of child offenders and how their cases were dealt with in the criminal justice
system as well as knowing if there were any special provisions in the South African
law for them. In other words, this draft research proposal aims to describe the
patterns of the law which is pertaining to child offenders as well as discovering on
how their cases are dealt with in the criminal justice system of South Africa.
However, this includes their capacity and the provisions relating to the evaluation of
criminal capacity in chid offenders, the deliberations and the present status1.
By the moment, a child offend someone or something, it can be said that it’s a crime.
However, crime is complex, to be sure, because it involves factors beyond law
enforcement such as the strength of the family, neighbourhoods, schools, and
churches, which makes it to be believably simple in the sense that law officials can
reduce it by doing their job, namely, by making crime too insolvent to practice, where
Various legal and psychological groups have accordingly called for the abolition or
amendment of the truth-lie competency requirement2. However, there’s a possibility
that a court can hand down its judgement towards the matter, just like in Raduvha v
Minister of Safety and Security where a Constitutional Court handed down its
1
Criminal Procedure Act 56 of 1955
2
M Bekink, ‘The Testimonial Competence of Children: A Need for Law Reform in South Africa’
[2018] para 3 <http://dx.doi.org/10.17159/17273781/2018/v21i0a3407> accessed 9 April
2018
3
BY: MARTIN MATIDZE
STUDENT NUMBER: 10109153
2022 LME 3701: SECOND SEMESTER
FINAL RESEARCH ASSIGNMENT: 03
WORKING TITTLE
COMPARATIVE APPROACH ON CJA AND ITS LAWSUIT NOTIONS
1
,TABLE OF CONTENT PAGE NUMBER:
1. Introduction………………………………………………………………………….3-4
2. Problem statement…………………………………………………………………4-5
3. Hypothesis…………………………………………………………………………..5-6
4. Points of departure and assumptions………………………………………….…6-9
5. Conceptualisation of central research themes……………………………….….9-10
6. Proposed chapter outlay…………………………………………………………...10-9
7. Projected time scale………………………………………………………………..10-11
8. Description of proposed research method……………………………………….11-12
9. Preparatory study and research. Indicate at least:
Sources you have already consulted and give a brief
explanation/description/summary of each………………………………………….12-13
10. Conclusion………………………………………………………………………....14
11. Bibliography……………………………………………………………………......15-18
12. Academic honesty declaration……………………………………………………19
2
, 1 INTRODUCTION
At this starter, what I’m intending to research is the primary goals of the juvenile
justice system, by doing so, it will be good in maintaining public safety, like skill
development, rehabilitation, addressing of treatment needs, and fruitful therapy of
juveniles into the community. However, the juvenile justice system will have to take a
suggestively restorative approach than the adult criminal justice system. This
Research and its method as a comparative flair will also be leading to the design and
evaluation of programs in order to prevent child offenders.
This research deals or provides a brief comparative slant development of the law on
the issue of child offenders and how their cases were dealt with in the criminal justice
system as well as knowing if there were any special provisions in the South African
law for them. In other words, this draft research proposal aims to describe the
patterns of the law which is pertaining to child offenders as well as discovering on
how their cases are dealt with in the criminal justice system of South Africa.
However, this includes their capacity and the provisions relating to the evaluation of
criminal capacity in chid offenders, the deliberations and the present status1.
By the moment, a child offend someone or something, it can be said that it’s a crime.
However, crime is complex, to be sure, because it involves factors beyond law
enforcement such as the strength of the family, neighbourhoods, schools, and
churches, which makes it to be believably simple in the sense that law officials can
reduce it by doing their job, namely, by making crime too insolvent to practice, where
Various legal and psychological groups have accordingly called for the abolition or
amendment of the truth-lie competency requirement2. However, there’s a possibility
that a court can hand down its judgement towards the matter, just like in Raduvha v
Minister of Safety and Security where a Constitutional Court handed down its
1
Criminal Procedure Act 56 of 1955
2
M Bekink, ‘The Testimonial Competence of Children: A Need for Law Reform in South Africa’
[2018] para 3 <http://dx.doi.org/10.17159/17273781/2018/v21i0a3407> accessed 9 April
2018
3
