Publications (Journal articles) PDF Print E-mail


Publications during 2015

  • Skelto'SouthAfrica' iToLiefaard anJaaDoek (edsLitigatinthRightothChildthUConvention othRightothChiliDomestianInternational  Jurisprudenc(2015SpringerDordrecht
  • Skelton'FreedoithMakingin F Zimringetal. JuvenilJusticiGlobaPerspectiv(2015) NYPress: NewYork
  • Skelto'S v Williams: A springboard fofurthedebate aboucorporapunishment201ActJuridic263
  • Skeltoand M Courtenay 'SoutAfrica'NeChild JusticSystemin J Winterky(edJuvenilJustice: InternationaPerspectivesModelanTrend(2015CRC Press/Tayloand FrancisBocRaton
  • Skeltoand L Mansfeld-Barr'DevelopmentiSouth Africalaw regardinthsentencinoprimarcare givers' 201EuropeaJournaoParentaImprisonmen14
  • vadeMerwand A Skelto'Victimsmitigatinviews isentencindecisions: A comparative analysis2015 35 (2OxforJournaoLegaStudie355
  • DToiand Z Hansungul'S v Sunreportedcasno141114/14(WCC)Sentencinchiloffenderaftethey tur18201(54SoutAfricaCrimQuarterl65-72.
  • Courtena'ThChilJusticAct: Are assessmenothminimuagocriminal responsibilityAvailablat: http//

Publications during 2014

  • Ann Skelton “Adolescent consensual sex decriminalized by the South African Constitutional Court” 2014 (29) 1 Justice International Issues 22-25
  • Ann Skelton “Leveraging funds for school infrastructure” (2014) International Journal of Educational Development 59-63
  • Ann Skelton “South Africa” in Jaap Doek and Ton Liefaard Litigating the rights of the child: The UN Convention on the Rights of the Child in Domestic and International Jurisprudence Springer: Dordrecht 13-30
  • Ann Skelton “Vintage? A new wine infused with Ubuntu and dignity” (2014) 3 International Journal on Restorative Justice (guest editorial) 253-259
  • Ann Skelton and Morgan Courtenay “South Africa’s New Child Justice System” in John A. Winterdyk (ed) Juvenile Justice: International Perspectives, Models an Trends: CRC Press 321 - 342
  • Annette van der Merwe and Ann Skelton “Victim’s mitigating views in sentencing decisions: A comparative analysis” (2014) Oxford Journal of Legal Studies 1-18
  • Carina du Toit Juta Quarterly Review (2014), four contributions in 2014
  • Carina du Toit “Chapter 9: Sections 15-16 Consensual sexual acts with certain children”, “Chapter 10: Section 17 Sexual exploitation of children” and “Chapter 21: Section 56 subsections (2)-(6) and subsection (8) Defences relating to children and mentally disabled” in Smyth and Pithey Sexual Offences Commentary (2014, Revision Service)
  • Zita Hansungule “Recognising the existence of a court based child sensitive criminal justice system before the advent of the Child Justice Act” (2014) 1(16) Article 40 5-7
  • Zita Hansungule “Registering child and youth care centres in terms of the Children’s Act 38 of 2005” (2014) 2(32) Child and Youth Care Work Journal 20-23
  • Zita Hansungule “Protecting child offender’s rights: Testing the constitutionality of the National Register for sex offenders” (2014) 50 South African Crime Quarterly 23-30

Publications during 2013

  • Ngidi K “Illegal sales of alcohol: asset forfeiture” South African Crime Quarterly vol 45, 2013
  • Courtenay M & Skelton A contributed to ‘Child and Youth misbehavior in South Africa: A holistic approach’ Van Schaik publishers 2013
  • du Toit C Juta Quarterly Law Review 2013, three contributions in 2013 to date.
  • Skelton A ‘The role of the courts in ensuring the right to a basis education in a democratic South Africa: A critical evaluation of recent education’ De Jure 2013 Vol 1 (46)
  • Skelton A ‘S v FM and S v LM Constitutional interpretations of automatic review of child offenders' cases 2013’ SA Crime Quarterly
  • Skelton A ‘The South African Constitutional Court’s restorative justice jurisprudence 2013 1(1) Restorative Justice: An International Journal (forthcoming)
  • Skelton A ‘Civilising civil justice’ in D Cornwell, J Blad, M Wright (eds) Civilising criminal law Waterside Press, Hook, Hampshire (2013)
  • Skelton A ‘Children’s Rights’ in I Currie and J de Waal (ed) Bill of Rights Handbook (2013)

Publications during 2012

  • Courtenay M ‘Solons Warning: S v CKM & 2 Similar Cases (Centre for Child Law as amicus curiae)’ 2012 Volume 14 – Number 1 Article 40 6 – 8.
  • Courtenay M ‘Automatic review of regional court sentences: S v FM (Centre for Child Law as amicus curiae) Article 40 [To be published middle November 2012]
  • du Toit C 'Recent developments in Child Law' Miller Du Toit Conference March 2012 Cape Town
  • du Toit C Juta Quarterly Law Review 2012, three contributions to date.
  • du Toit C Update of Chapter 17 'Child Abduction' in Davel and Skelton Commentary on the Children's Act Revision Service 5, 2012.
  • Skelton A ‘The role of the courts in ensuring the right to a basic education in a democratic South Africa: a critical evaluation of recent education case law’ 2012 De Jure 
  • Skelton A ‘How far will the courts go in ensuring the right to a basic education’ 2012 (27) SAPL
  • Skelton A and Courtenay M ‘The impact of children’s rights on criminal justice’ 2012 (1) South African Journal of Criminal Law 180-193.
  • Skelton A ‘Kinship care and cash grants: In search of sustainable solutions for children living with members of their extended families in South Africa’ 2012 International Survey of Family Law Journal
  • Skelton A and Courtenay M ‘The Child Justice Act: Practice and Procedure’ in Bezuidenhout C and Joubert S (eds) Child and youth misbehaviour in South Africa: A holistic approach (2012)

Publications during 2011

  • C du Toit Juta Quarterly Law Review 'Children' four submissions annually, last 14 Oct 2011
  • A Skelton ‘From Cook County to Pretoria: A long walk to justice for children’ Spring 2011(vol 6.2) Northwestern Journal of Law and Social Policy 414-427
  • T Boezaart and A Skelton ‘From pillar to post: Legal solutions for children with debilitating conduct disorder’ in I Grobelaar and T van Reenen (ed) Developments in the field of disability law in Africa PULP: Pretoria (2011)
  • A Skelton ‘Children locked up: Towards detention as a measure of last resort’ in S Hoctor and M Carnelley (eds) The Contribution of Tony Mathews to South African Law: Commemorative Publication of the Centre for Criminal Justice UKZN Press (2011)
  • A Skelton and C Badenhorst The criminal capacity of children in South Africa: International developments and considerations for a review Research Report (2011) Child Justice Alliance, University of the Western Cape: Belville

Publications during 2010

  • Du Toit C Juta’s Quarterly Law Review 2010 - developments on Children (2 review updates published during 2010)
  • Du Toit C and Mbambo B ‘Early Childhood Development’ (pages in CJ Davel and AM Skelton (eds) Commentary on the Children’s Act (Revision Service 2, 2010) Juta: Cape Town
  • Ngidi R ‘The role of International law in the development of children’s rights in South Africa: A children’s rights litigator’s perspective’ in International law and domestic human rights litigation in Africa M Killander (ed) PULP: Pretoria 2010
  • Skelton A ‘Girls socio-economic rights’ 2010 26 (1) South African Journal on Human Rights 141 - 163
  • Skelton A “Child and youth care centres” (pages 13-1 to 13-30) and “Drop-in centres” (pages 14-1 to 14-16) in CJ Davel and AM Skelton (eds) Commentary on the Children’s Act (Revision Service 2, 2010) Juta: Cape Town
  • Skelton A and Carnelley M (eds) Family Law in South Africa (2010) Oxford University Press – text book for undergraduate law students.
  • Skelton A and Kruger H (eds) The Law of Persons in South Africa (2010) Oxford University Press – text book for undergraduate law students.

Publications during 2009

  • Du Toit C Juta’s Quarterly Law Review 2009 - Developments on Children (2 review updates published during 2009)
  • A Skelton ‘Severing the umbilical chord: A subtle jurisprudential shift regarding children and their primary caregivers’ 2008 1 Constitutional Court Review 351
  • A Skelton ‘Fear for children of fear of children? Child Justice Bill breaches the Divide’ Editorial 2009 22 (1) Acta Criminologica 1
  • A Skelton ‘The development of a fledgling child rights jurisprudence in Eastern and Southern Africa based on international and regional instruments’ 2008 (9) African Human Rights Law Journal
  • A Skelton ‘Parental Responsibilities and Rights’ in Child Law in South Africa 2009 Juta
  • A Skelton ‘Constitutional Protection of Children’s Rights’ in Child Law in South Africa 2009 Juta
  • R Ngidi ‘Upholding the best interests of the child within South African customary law’ in Child Law in South Africa 2009
  • C du Toit ‘Legal representation of children’ in Child Law in South Africa 2009
  • C du Toit ‘The Hague Convention on the Civil Aspects of International Child Abduction’ in Child Law in South Africa 2009
  • R Ngidi ‘The Supreme Court of Appeal lays down rules concerning children under 14 years’ (2009) 11 Article 40 1.

Publications during 2008

  • Carina Du Toit Juta’s Quarterly Law Review - Developments in child law (3 review updates published during 2008)
  • Prinslean Mahery & Paula Proudlock Legal guide to age thresholds for children 4th Edition (2008) Children’s Institute, University of Cape Town & Centre for Child Law, University of Pretoria
  • Ronaldah Ngidi “Minimum sentences legislation for child offenders found unconstitutional: Centre for Child v Minister of Justice and Constitutional Development and Others (11214/08 TPD)” (2008) 10 Article 40 1.
  • Ann Skelton “Current Policy and Practice, and Future Prospects” in C Bezuidenhout and S Joubert (eds) Child and Youth Misbehaviour in South Africa: A Holistic Approach 2nd Edition (2008) Van Schaik: Pretoria
  • Ann Skelton “Restorative Justice in Child Justice Systems in Africa” in J Sloth-Nielsen (ed) Children’s Rights in Africa: A Legal Perspective (2008) Ashgate: Aldershot
  • Ann Skelton “Family Group Conferencing in the Child Justice Bill: Implications for the child care system” in J Sloth-Nielsen and Z du Toit (eds) Trials and Tribulations, Trends and Triumphs: Developments in International, African and South African Child and Family Law (2008) Juta: Cape Town.
  • Ann Skelton “Special Assignment: Interpreting the right to legal representation in terms of section 28(1)(h) of the Constitution of South Africa” in J Sloth-Nielsen and Z du Toit (eds) Trials and Tribulations, Trends and Triumphs: Developments in International, African and South African Child and Family Law (2008) Juta: Cape Town.
  • Ann Skelton and Jacqui Gallinetti “A Long and Winding Road: The Child Justice Bill and Civil Society Advocacy” (2008) 15 SA Crime Quarterly 3
  • Ann Skelton and Boyane Tshehla Child Justice in South Africa (2008) Monograph 150 Institute for Security Studies: Pretoria
  • Ann Skelton and Mike Batley “Restorative Justice: A Contemporary South African Review” (2008) 21 Acta Criminologica 37
  • Ann Skelton “Case note: S v M (Centre for Child Law as Amicus Curiae)” (2008) 1 Constitutional Court Review (forthcoming)

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Latest News

18 June 2018

Centre for Child Law Brief - "Violence in schools - Public Anger Misdirected"

The Centre's Director, Prof. Ann Skelton, reflects on news about school violence that dominated the week running up to Youth Day 2018. Early in the week, a video surfaced showing what purported to be two girls assaulting a teacher. The video went viral on social media, with the image being viewed again and again. There was a public outcry, radio station callers complained that kids are out of control, they have too many rights, we are too soft on the youth, we must get tougher, bring back corporal punishment, put cameras in every classroom.

As it turns out, the victim of the violence was not a teacher after all. The Limpopo Department of Education spokesperson confirmed that the two learners doing the assaulting as well as their victim were all learners at a school in Limpopo province, and the assault took place outside the victim's home, and not on school premises as previously assumed. Education MEC Ishmael Kgetjepe said that the Department viewed this conduct in a serious light as it had brought the school into disrepute. He added that the Department vehemently condemns violence among learners and violence against teachers by leaners'.

But what about violence by teachers against learners? In the same week, Radio 702 reported on the death of a girl in Limpopo, following an incident on 28 May 2018 in which the Principal of the school she attended, banged the girl's head against a windowpane in the staffroom, causing a head injury. The girl died on 9 June 2018. While the link between the assault and her death has not be proved, assault is assault and should have attracted an arrest. The Principal has not been arrested. Following that story, there was no public outcry, limited media coverage, no calls from journalists to the Centre for Child Law. There were no angry statements from SADTU, no vehement condemnation of violence by teachers against pupils from the Department of Education. A telling silence.

Read the brief for more:

Violence in Schools

15 June 2018

Centre for Human Rights & Centre for Child Law call on the Government of South to "Leave No Child Behind"

On 16 June 2018, Africa commemorates the Day of the African Child 2018 under the theme "Leave No Child Behind for Africa's Development". This year's theme aims to target children who are not benefitting from Africa's growth and development. African countries are challenged to ensure that children are at the centre and not left behind in the drive towards sustainable economic development. This day is commemorated in memory of the Soweto student uprising, that began on June 16 1976, when students marched in protest against the poor quality of education they received and demanded to be taught in their own languages.

The Centre for Human Rights (CHR) and the Centre for Child Law (CCL), both based at the University of Pretoria, encourage South Africa to use this opportunity to reflect on whether it is rising to the challenge to leave no child behind. South Africa's child rights legal framework is one of the most progressive and respected in Africa and the world. It is developed and improved with the aim of viewing each child in South Africa as an individual with rights accrued to him or her as a human being.

However, despite the advances that have been taken to improve the situation of children in South Africa, a lot remains to be done to ensure that children are at centre stage and participate in the drive towards sustainable economic development. Recent events highlight the need to do more to ensure that children in South Africa are beneficiaries of constitutionally promised rights and freedoms.

The Centre for Human Rights and the Centre for Child Law highlight a number of rights violations and barriers that need to be addressed by the Government of South Africa, they deal with: children's right to protest; placing children with disabilities high on the political agenda; and the eradication of pit latrine toilets in rural schools. 

For more see a joint press statement:

CCL & CHR Joint Press Statement

Centre for Child Law