The protection of child witnesses in the South African criminal justice system
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Date
2024
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Publisher
University of the Western Cape
Abstract
Children come into contact with the law and court proceedings in different ways. A child may be a victim, witness or even an accused in a legal matter, and thereby become subjected to legal proceedings. During such proceedings, the fundamental rights of the child will undoubtedly be affected. A child’s right to dignity, the right to participate and the constitutionally enshrined best interests of a child are some of the rights which are generally affected when they become subjects of the South African criminal justice system. Sadly, children are not spared from witnessing crime in South Africa, the high levels of serious, violent crime in South Africa, unfortunately mean that many children witness crime first- hand. This is especially true in indigent communities. Children are not shielded from witnessing crime and they are often also victims of crime.The low prosecution rates negatively affect communities’ faith in the justice system. As a result, children in indigent communities, are influenced by adults to abhor and distrust the machinery of the criminal justice system. Crime can therefore flourish in these conditions. Child witnesses would routinely be hesitant or even reluctant to participate in criminal justice proceedings. The cycle of crime can therefore persist. There is thus a real need in South Africa to improve children’s experience of justice and the criminal justice system. Significant legal and policy reforms are necessary to encourage cooperation with the criminal justice system and which in turn give rise to a greater sense of peace, security and development in local communities. The research focusses specifically on children as child witnesses who could simultaneously be victims or complainants in criminal proceedings. The period before a criminal trial as well as the actual trial where the child as a victim/witness is required to give his/her testimony in court requires profound attention to ensure that the rights of the child are protected. The study draws from the extant experiences and practices in European countries to assess the efficacy of the current systems of protection of complainants and witnesses during criminal proceedings in South Africa. It proposes the development of guidelines for the consistent application of quality protective measures in cases where children are witnesses and/or complainants in criminal proceedings.
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Keywords
Child Protection, Witnesses, Complainants, Child-Friendly, Best interests of the child