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Personal experience drives PhD study on rights of children in conflict with the law

06 May 2025 | Story Leonie Bolleurs | Photo Supplied

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

SRC Inauguration speech: 22 January 2005

2005-01-22

Campus Head (Prof Peter Mbati). Dean of Students (Dr Natie Luyt). Deputy Director: Student Affairs and my boss (Mr. Teboho Manchu), Members of the University executive and Academic staff members, SRC members, Leaders of trade Unions and Student organizations, Distinguished guests, Ladies and gentlemen, most importantly first entering students and Parents receive my heartfelt revolutionary greetings.

Let me extend my word of appreciation to our distinguished guests for adding value and dignity to this event. Your presence here means a lot to us. Program Director what I bring here with me, assisted by facts, and is therefore just the work of my imagination. Like a love letter addressed to a sweetheart miles away, even though you do not know how she feels, what she wants to hear, and do not even know how her face looks like.

To me a speech is just an honest and intimate conversation. That is why I got into the habit of establishing a dialogue, or a debate, with my acquaintances looking at their faces and trying to persuade them of what I am telling them.

Mr. Speaker and Madam Deputy Speaker of the Student Parliament we are gathering at this ceremony, significantly few weeks after the release of grade 12 results, with the exception of those from Mpumalanga because of fraud. The Grade 12 results also show that only 18% of Black learners matriculated with exemptions, as compared to 53, 6% of white learners. This is an indication that our education system needs an overhaul.

We are also gathered here significantly a day after the management retreat held in Bloemfontein, Masselspoort. The retreat discussed, among other things, the transformation agenda, and some possible solutions to challenges we are facing now.

Most regrettably, we are gathered here when the whole world morns the victims of Tsunami tragedy. Let me therefore tore the line and convey our deepest condolences, from the last robot of my heart, to the affected families. Our hearts and thoughts will always be occupied by this horrified tragedy.

Creating a new Institution

I would submit, for purposes of debate and discussions that this Institution should strive to specialize and excel in regional rural development studies. Since our higher education, institutions in South Africa are generally weak in rural development studies. Instead, most of them tend to have an urban orientation to their programmes. Training everybody for the cities, big business and the private sector. This is a big weakness in a country with such large rural areas and population trapped in poverty, disease and ignorance.

Women’s studies

Program Director, it is only a moron who can argue against the fact that for us to reposition the institution around the regional development challenge, we need to start first with women empowerment. It is a fact that in most of our poor communities and families, it is women who withstand the worst of poverty. They are the ones who daily have to wipe tears from children who are hungry. It is women who look after the sick, the elderly, those dying from AIDS and the jobless. They are the one who have to fetch water, make fire and cook. There can therefore be no rural development studies without women studies, in particular on how to empower them and assist in the provision of basic services, so that they are relieved from some of the burdensome task of the society.

Registration Process

Mr. Speaker and Madam Deputy Speaker of the Student Parliament let me indicate that the registration is a process and not an event, so it cannot be concluded overnight. This huge process demands for people to stay calm, as there is no crisis. People should stop being excited. At the same time, no organization should use its cheap popularity and unilaterally disrupt the continuous and smooth running of the registration process at hand.

Let me strongly indicate, madam deputy speaker, that I am on record for stating that I have forgiven all those who have wronged us. I harbour no bitterness towards the protagonists of our painful and unfortunate events of the past week. And we will overcome this process not by our own devices but by the help of Almighty God and the grace of our Lord Jesus Christ.

Concerning registration of first years, we have programs, concerning that of senior students, we have programs, regarding graduations we have programs, and concerning HIV\AIDS we have programs. So, there is no need for people to press panicking buttons.

Mr. Speaker and Madam Deputy Speaker of the Student Parliament let me be opportunistic and welcome the entire student body on Campus for the academic year 2005. May our lovely first entering students have a happy and momentous year as part of Qwaqwa Campus of University of the Free State. May your studies be fruitful and enjoyable.

Student years are generally the happiest years of your life, so please make the most of them. While you are doing, all your preparations bear in mind that University is not an opportunity, it is just creating opportunities for a person.

On behalf of SRC members, our people, our students and management members I would like to welcome you all. Even though your parents are far away, here at Uniqwa you have more brothers, more sisters and more parents. Since we will love you with the same love as if we are from one family, and I have no doubts that management members will love and care for you as if you are their own children. Should you encounter any problem while studying at the Qwaqwa Campus of University of the Free State do not hesitate to contact us at the SRC offices because we need to ameliorate any factor influencing you negatively while on campus. I wish you well in the attainment of your academic pursuit.

Senior Students: We are not faced with just a new year but another academic year where we all have to work together to achieve our common goal of building our Institution through the development of human power. I urge you to invest your whole selves in this SRC.

For quite some time now, a debate has been ranging as to, whether has there been any progress in this incorporation process, or we are just moving with no direction. This debate is important, but I hasten to add not essential. The SRC is also involved in this debate, but with definite shift in emphasis. For us it is not important to participate in the debate than it is in finding solutions for the challenges of this new chapter in the history of humankind.

To my colleagues: Comrades, we are leading this Institution with a sense of pride and duty, and I know very well that we lead men and women, students who are determined to ensure that we all reach our destination safely and on time.

I said in one of our meetings that there are more enemies on our way, more than we can imagine. I think you witnessed that during the course of this week. The excitement and unnecessary confusions caused by some confused and loosed charlatans bear testimony to my statements. We should not reveal our game plans unless we are ready to slam.

Let me also borrow from the words of the late Albert Lethuli when he said and I quote: “There remains before us the building of the new land, from the ruins of the old narrow groups, a synthesis of the rich cultural strains which we have inherited. The task is immense”. Lastly, a navy divided within its ranks will be vanquished and destroyed by the enemy, but a navy united in purpose and action, loyalty and commitment will not drawn but sail on to victory.

In conclusion, let me call upon all political structures, church denominations, developmental structures, clubs, societies and forums to put aside all their differences, ideological insinuations and forge unity towards transforming Qwaqwa Campus of University of the Free State into an institution that is seen playing vigilant role in developing students academically, politically, socially, spiritually, religiously, culturally and otherwise.

Program Director, let me end my speech by indicating that every drop of my blood is telling me that Uniqwa is my home. I firstly became a student here, I became an activist here, I became a leader here, I became a president here, I will become a graduant here and hopefully I will become an employee here. So never, doubt my commitment towards the community of this campus.

Please be informed, in a central University of Technology’s way, that if there is no UNIQWA in HEAVEN, then I am not GOING.

Let us broaden the social base.

Tello Titus Wa-Motloung President General

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