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06 May 2025 | Story Leonie Bolleurs | Photo Supplied
Tembisa Leeuw
Dr Tembisa Leeuw – awarded her PhD at the UFS – focused her research on protecting the rights of children in conflict with the law and bridging the gap between policy and practice in child and youth care centres.

When Dr Tembisa Leeuw was in Grade 9, four of her classmates were convicted of serious offences, including assault with intent to cause harm and murder. This incident sparked a deep curiosity about the juvenile justice system and how it treats young offenders. She found herself asking difficult questions: Were her peers detained separately from adults? Were they placed in facilities designed specifically for children?

Despite the crimes her classmates committed, Dr Leeuw believed they still needed care and protection. The experience led her to reflect on society’s responsibilities towards young offenders, the difficulties they face in the justice system, and whether the laws meant to protect them are being properly applied. “This formative experience instilled in me a commitment to advocate for the rights of vulnerable children and to ensure that the juvenile justice system upholds principles of care, protection, and rehabilitation,” she says.

Now a human rights officer at the South African Human Rights Commission based in Mpumalanga, Dr Leeuw was recently awarded a Doctor of Philosophy degree at the University of the Free State’s (UFS) autumn graduation ceremony. Her dissertation is titled Protecting the rights of children in conflict with the law in South Africa: The law versus the practice.

Her supervisor, Prof John Mubangizi – Research Professor in the Free State Centre for Human Rights – said it was an absolute privilege to supervise such a brilliant, dedicated, and hard-working student. “Her intellectual curiosity, resolute determination, and unwavering commitment to excellence have been quite inspiring. I have no doubt that she will continue to make a profound impact wherever she goes and whatever she does henceforth.”


Safeguarding the rights and well-being of children

It is well known that a large share of crimes, particularly violent ones, are committed by young people. In South Africa, children are frequently charged with serious offences, such as robbery, rape, assault, and murder. These realities highlight the need for stronger systems that protect the rights and well-being of young people in conflict with the law.

In her research, Dr Leeuw looked at why children in child and youth care centres often face human rights violations, despite the Constitution guaranteeing every child the right to be safe from harm, neglect, and abuse. 

Her findings revealed troubling gaps between what the law says and what happens in practice. According to Dr Leeuw, the Constitution states that children should only be detained as a last resort and for the shortest time possible. UNICEF also emphasises that children must be kept separate from adults in detention and treated in ways that reflect their age and developmental needs, including their right to education. “However, no country has yet built a fully separate juvenile justice system that ensures that children are treated differently from adults,” she says.

Dr Leeuw also found that children in these facilities are often denied access to education. As a result, when they return to their communities, they are often without the skills or qualifications needed to find work. “It is important that these children receive training that enables them to support themselves,” she explains.


Contributing to a humane and equitable society

Dr Leeuw believes that protecting the rights of children in conflict with the law is important to creating a more just and humane society. “Research shows worrying conditions in child and youth care centres (CYCCs) – overcrowding, poor health care, limited education. Many children report violence, intimidation, and neglect, all of which go against the idea of rehabilitation,” she says.

These environments can deepen trauma and increase the chances of reoffending. “The conditions inside detention centres have a serious impact on children's ability to rehabilitate and move forward in life.”

South Africa has made progress in drafting laws to protect children’s rights, but putting those laws into action is still a challenge. “With the right changes and a more caring approach, the justice system can better meet the needs of children,” Dr Leeuw says. She points to several areas where improvements could be made to help policy makers and human rights workers reform juvenile justice.

She notes that although international agreements promote rehabilitation and support, many CYCCs still focus on punishment. “Children often feel abandoned in these spaces. We need to move away from punitive systems and create pathways for healing and reintegration.”

Government departments, such as social development, education, and health, must work together to provide support that meets children's full range of needs. “Current laws must be updated to meet international standards, and programmes are needed to help guide children away from the justice system in the first place,” she adds.

Dr Leeuw also highlights the key role played by child and youth care workers (CYCWs). Their training and regular oversight are important in making sure children’s rights are respected. “Regular monitoring and open reporting are needed to hold facilities accountable,” she says.

She further stresses the need for greater access to mental health support, education, and skills development. This would help children return to school and integrate into society more easily. She also recommends maintaining strong family ties during rehabilitation, including virtual visits for families who live far away. Addressing overcrowding and offering different forms of intervention can also improve care and reduce reoffending.

“Teaching children about their rights and helping them develop a sense of responsibility is just as important. Programmes that promote personal growth and rehabilitation should be part of their daily lives,” she says.


Aligning with international human rights standards

Dr Leeuw’s study closely aligns with international human rights guidelines on juvenile justice. These include the United Nations Convention on the Rights of the Child (UNCRC) and other global frameworks that call for dignity, fairness, and restorative justice in how children are treated. Her work highlights the need to address the root causes of children's behaviour and calls for tailored responses, such as alternatives to incarceration, fair sentencing, and stronger legal protection.

The study also highlights the importance of prevention. Involving communities, improving access to education, and introducing early support systems can help reduce the number of children who come into contact with the justice system. She believes that juvenile justice systems must ultimately uphold the dignity and fair treatment of children, as outlined in both international frameworks and the South African Constitution.

News Archive

Traffic in translation between French and Afrikaans follows unique direction
2017-11-21

 Description: Traffic in translation between French and Afrikaans  Tags: Traffic in translation between French and Afrikaans

At Prof Naòmi Morgan’s inaugural lecture were, from the left:
Profs Corli Witthuhn, Vice-Rector: Research; Morgan;
Heidi Hudson, Acting Dean of the Faculty of the Humanities;
and Angelique van Niekerk, Head of the Department of Afrikaans
and Dutch, German and French.
Photo: Stephen Collett

Translation is normally done from a so-called weaker language into a mightier one. This is one of the ways, according to author Antjie Krog in her book A Change of Tongue, which is used by a ‘weaker’ language to help it survive.

However, according to Prof Naòmi Morgan, Head of French in the Department of Afrikaans and Dutch, German and French at the University of the Free State (UFS), this is not the case with French, which is the mightier language, and Afrikaans.

Influence of translators on Afrikaans

“The number of translated titles from French into Afrikaans, from ‘great’ into ‘lesser’ language, is far more than the other way round, almost as if the translators wanted to make the Afrikaans-speaking readers literary self-sufficient, but did not feel the same need to extend the Afrikaans literature into other languages.”

This was Prof Morgan’s words on 8 November 2017 during her inaugural lecture entitled, Van Frans na Afrikaans: 100 jaar van byna eenrigting-vertaalverkeer, in the Equitas Auditorium on the Bloemfontein Campus. A PowerPoint presentation, with a symbolic background of the South African and French flags and relevant texts, formed part of her lecture. She also played video clips and pieces of music to complement it.

Among others, she has a doctorate in Modern French Literature from the University of Geneva, and her translations have earned her a French Knighthood and various prizes. She is also well-known for her translations and involvement in dramas such as Oskar en die Pienk Tannie and Monsieur Ibrahim en die blomme van die Koran.

Greater challenges in this direction

In her lecture, she looked at the two-way traffic from French into Afrikaans and from Afrikaans into French.

Three French citizens, Pierre-Marie Finkelstein, Georges Lory, and Donald Moerdijk, have translated from Afrikaans into French. Of course, their background and ties with South Africa also had an influence on their work. “In Moerdijk’s case, translation from Afrikaans, his second language, was a way in which to recall the country he left in his mind’s eye,” she said.

Prof Morgan is one of only two translators who translates works from Afrikaans into French, the other being Catherine du Toit. However, translations in this direction pose greater challenges. She said it involves “not only knowledge of the language, but also knowledge of the French target culture and literature”. In addition, there aren’t any good bilingual dictionaries, and the only Afrikaans-French dictionary is a thin volume by B Strelen and HL Gonin dating from 1950.

Prof Morgan still believes in translation

She believes there is a need to hear foreign languages such as French in the form of music in Afrikaans, and the speaking of a language alone might not be enough to ensure its survival. 

She still believes in translation, and quoted Salman Rushdie’s Imaginary homelands: essays and criticism 1981-1991 in this respect: “The word ‘translation’ comes, etymologically, from the Latin for ‘bearing across’. Having been borne across the world, we are translated men. It is normally supposed that something always gets lost in translation; I cling, obstinately to the notion that something can also be gained.”

Click here for Prof Morgan’s full lecture (only available in Afrikaans).

 

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