A comparative analysis of the intermediary systems in South Africa, Namibia, Zimbabwe and Ethiopia

Wilkerson, Tendai Marowa

Title: A comparative analysis of the intermediary systems in South Africa, Namibia, Zimbabwe and Ethiopia
Creator: Wilkerson, Tendai Marowa
ThesisAdvisor: Müller, Karen
Subject: Juvenile courts -- South Africa
Subject: Juvenile courts -- Namibia
Subject: Juveline courts -- Zimbabwe
Subject: Juvenile courts -- Ethiopia
Subject: Children -- Legal status, laws, etc. -- South Africa
Subject: Children -- Legal status, laws, etc. -- Namibia
Subject: Children -- Legal status, laws, etc. -- Zimbabwe
Subject: Children -- Legal status, laws, etc. -- Ethiopia
Subject: Child witnesses -- South Africa
Subject: Child witnesses -- Namibia
Subject: Child witnesses -- Zimbabwe
Subject: Child witnesses -- Ethiopia
Subject: Mediation -- Law and legislation -- South Africa
Subject: Mediation -- Law and legislation -- Namibia
Subject: Mediation -- Law and legislation -- Zimbabwe
Subject: Mediation -- Law and legislation -- Ethiopia
Subject: Children's rights -- South Africa
Subject: Children's rights -- Namibia
Subject: Children's rights -- Zimbabwe
Subject: Children's rights -- Ethiopia
Date: 2011
Type: Thesis
Type: Masters
Type: LLM
Identifier: vital:3698
Identifier: http://hdl.handle.net/10962/d1003213
Identifier: Juvenile courts -- South Africa
Identifier: Juvenile courts -- Namibia
Identifier: Juveline courts -- Zimbabwe
Identifier: Juvenile courts -- Ethiopia
Identifier: Children -- Legal status, laws, etc. -- South Africa
Identifier: Children -- Legal status, laws, etc. -- Namibia
Identifier: Children -- Legal status, laws, etc. -- Zimbabwe
Identifier: Children -- Legal status, laws, etc. -- Ethiopia
Identifier: Child witnesses -- South Africa
Identifier: Child witnesses -- Namibia
Identifier: Child witnesses -- Zimbabwe
Identifier: Child witnesses -- Ethiopia
Identifier: Mediation -- Law and legislation -- South Africa
Identifier: Mediation -- Law and legislation -- Namibia
Identifier: Mediation -- Law and legislation -- Zimbabwe
Identifier: Mediation -- Law and legislation -- Ethiopia
Identifier: Children's rights -- South Africa
Identifier: Children's rights -- Namibia
Identifier: Children's rights -- Zimbabwe
Identifier: Children's rights -- Ethiopia
Description: Prior to 1990, very few countries in the world offered special protection to child witnesses interfacing with the justice system. There were no legal provisions permitting testimonial accommodations for children in court. The courtroom experience was significantly traumatic for the children. With the international focus shifting from protecting and upholding the rights of the accused in the courtroom towards a more victim-centred approach, various international and regional instruments have strongly dvocated that children deserve special protection because of their vulnerability. In order for the courts to be able to elicit accurate evidence from the child without further traumatizing the child, research has shown that the child needs assistance. An intermediary may be defined as a person who facilitates communication between the child and the courtroom in a manner that takes into account the child‟s cognitive and developmental limitations. The thesis was prompted by the need to make a contribution to the currently limited body of literature on the intermediary systems in South Africa, Namibia, Zimbabwe and Ethiopia by investigating how the systems can be improved and sustained in a way that helps to protect the child witness in court. Despite the problems the South African courts have had in identifying the appropriate interpretation of its intermediary legislation, the country emerges as a clear leader for the steps it took by creating a positive legal framework within which child protection issues are addressed and introducing the concept of the intermediary. This concept proved to be an inspiration to its neighbours, Namibia and Zimbabwe. The influence of the South African intermediary legislation is evident in the Namibian and Zimbabwean legislation. Although Namibian legislators have drafted laws that permit intermediary assistance in court, there are as yet no intermediaries appointed. In Ethiopia, although there is no discernible intermediary legislation, the country has managed to establish an intermediary system. As a result of the analysis conducted, it is evident that the efficacy of the intermediary system is dependent on the presence of an enabling legislation, its clarity and ease of interpretation, the sensitisation of court role players on child vulnerabilities, the significance of intermediary assistance, and finally a government's commitment towards the implementation process.
Format: 248 p., pdf
Publisher: Rhodes University, Faculty of Law, Law
Language: English
Rights: Wilkerson, Tendai Marowa

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