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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

It’s Rag Time!
2014-01-14

 

Zakes Bantwini, Mango Groove and Robbie Wessels 
Photos: Supplied

Kovsie Rag Community Service will start 2014 off with the well-known Rag festivities, with enthusiastic students already starting with float building in January. The theme for Rag CS 2014 is ‘Movies.’

As from 20 January, a cheerful atmosphere will be present at the Kovsie Rag farm, with senior and junior students working hard, while social cohesion is developing between them. Great entertainment will be part of these festivities, with the likes of DJ Euphonik and Adam performing on 31 January.
In the midst of all these activities, the annual ‘Chicken Run’ evening collections will take place on 21, 23 and 28 January, as well as the Ritsim sales in Bloemfontein and surrounding areas on 24-25 January.

The hard work will reach its peak with the judging of the floats on the morning of 1 February, after which the floats will depart at 09:00 for the first procession of the day. This route will end at Twin City Mall at 11:00, where 10 000 meals will be distributed to communities in Heidedal and Mangaung. Learners from Heidedal schools will entertain the public with their talents.

Our very popular family festival will already start at 16:00 with the opening of the gates at Chevrolet Park Cricket Stadium. Young and old will be entertained by well-known and vibrant artists, such as Robbie Wessels, Mango Groove, Zakes Bantwini, as well as a spectacular firework show. Come early to ensure a great spot on the grass.

The float winners will be announced at 17:00, whereafter the main procession of the day will depart from the Tempe robot in Nelson Mandela Drive at 18:00. The public can look forward to this ever popular procession through the streets of Bloemfontein, with decorated floats and students cradling collection tins proceeding to Chevrolet Park. The 2012/2013 UFS Rag queen, Mr Rag and their retinue will greet the public from the main float. Finalists for the 2013/2014 UFS Rag queen and Mr Rag titles, as well as drum majorettes, will also accompany the procession.

Do not miss out on this wonderful family festival – come early, bring your family and picnic blanket/chairs to ensure a great spot on the grass – a variety of refreshments will be on sale.

Tickets available from Computicket and entrance gates.

Tickets: R60 per person
R30 per child under 12

We would also like to make use of this opportunity to remind you of our vibrant 2013/2014 UFS Rag coronation ball, where the UFS Rag queen and Mr Rag CS for 2014 will be crowned on 14 February 2014 in the Callie Human Centre, UFS Campus.

Limited tickets will be available at R500 per couple and can be bought from the Rag Community Service office from 5 February 2014.

Enquiries:

Karen Scheepers +27(0)51 401 2423 ( ScheepersK@ufs.ac.za )
Esmé Wessels +27(0)51 401 3769 ( Wesselse@ufs.ac.za )

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