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A retributive and punitive approach is normally adopted in dealing with misbehavior in South African schools. Despite the legal abolition of corporal punishment, more than 50 percent of schools still administer it. Other forms of punishment generally applied are also punitive in nature. The right to dignity of all of the parties affected by misbehaviour in schools is considered in this analysis. The possibility of adopting restorative justice as an alternative disciplinary approach is examined as a way of protecting, promoting and restoring the dignity of the victims of such misbehaviour.

South African labour law is concerned with the attainment of fairness for both the employer and the employee. In weighing up the interests of the respective parties it is of paramount importance to ensure that a delicate balance is achieved so as to give credence to commercial reality as well as an individual's right to dignity. In other words the attainment of fairness in the employment relationship must give cognisance not only to surrounding socio-economic reality but also to human rights. The environment within which the world of work operates has at its core a free enterprise economy. Ultimately, an employer should generally not be penalised to the extent that it is crippled and unable to continue operating. It is argued in this article that in ascertaining what constitutes appropriate compensation for an unfair dismissal, the underlying reality that labour law operates in a free enterprise system must be and is given cognisance to by the legislation and the courts. At the same time in ascertaining what constitutes fair compensation for unfair dismissal due regard must be had not only to the labour rights contained in the Constitution but also to other rights protected in terms of the Constitution, most importantly, the rights to dignity and equality. The fact that the basis of the employment relationship is commercial and an employer is entitled and even encouraged to make profits is reflected in our law by the fact that there are caps on the amount of compensation for unfair dismissal in the interests of business efficiency and certainty. However, an analysis of relevant case law demonstrates that this can never be at the expense of a person's dignity. Hence the notion that the employment relationship is relational. This is reflected by the interpretation given to the legislation by the courts. Where there has been discrimination or an impairment of the employee's dignity, there are no such limits as to the amount of compensation a court can award. If there has been unfair discrimination, the courts may even award punitive and non-pecuniary damages. * Stella Vettori. BA LLB (Wits) LLM (UNISA) LLD (UP). Professor, School of Business Leadership, University of South Africa (vettom@unisa.ac.za). This article is based on a presentation delivered on 3 August 2011 at the 8th International Commercial Law Workshop, held at Nedbank Head Office, Sandton.

The recent publication of proposed amendments to the Films and Publications Act 65 of 1996 drew some sharp criticism from the media. Some organizations described these amendments as, inter alia, unconstitutional, outrageous and as part of the erosion of freedom of speech, while the Department of Home Affairs defended the amendments as an attempt to protect children from potentially harmful and age-inappropriate material. This discussion briefly examines the historical development of censorship as well as the current classification process in South Africa, followed by a discussion of the proposed amendments as well as the reaction thereto. The conclusion is that the media maybe has overreacted with regard to some of the amendments and may not understand the effect of the current classification process, while some of their concerns with regard to some of the other amendments may be justified. The true challenge will be that all stakeholders have an honest discussion with each other and would have to try and strike a balance between the important right of the child to dignity as well as his right to not be exploited, and that of the freedom of speech. The printed media also will have to realise that it is the duty of all members of society to protect the rights of the child and there can be no reason as to why newspapers may be excluded from this duty.

Children are afforded a number of protections when they encounter the criminal justice system. The need for special protection stems from the vulnerable position children occupy in society. When children form part of the criminal justice system, either by being an offender, victim, or witness, they may be subjected to harm. To mitigate against the potential harm that may be caused, our law provides that criminal proceedings involving children should not be open to the public, subject to the discretion of the court. This protection naturally seems at odds with the principle of open justice. However, the courts have reconciled the limitation with the legal purpose it serves. For all the protection and the lengths that the law goes to protect the identity of children in this regard, it appears there is an unofficial timer dictating when this protection should end. The media have been at the forefront of this conundrum to the extent that they believe that once a child (offender, victim, or witness) turns 18 years old, they are free to reveal the child's identity. This belief, grounded in the right to freedom of expression and the principle of open justice, is at odds with the principle of child's best interests, right to dignity and the right to privacy. It also stares incredulously in the face of the aims of the Child Justice Act and the principles of restorative justice. Measured against the detrimental psychological effects experienced by child victims, witnesses, and offenders, this article aims to critically analyse the legal and practical implications of revealing the identity of child victims, witnesses, and offenders after they turn 18 years old.

The right of a child offender to participate effectively in criminal proceedings is a fundamental aspects of a right to a fair trial and is guaranteed in the Constitution of the Republic of South Africa, 1996 as well as in international instruments, including the United Nations Convention on the Rights of the Child. An arguments is made that ensuring that this right is fully realised at domestic level, allowances should be made for child offenders to be included in the provisions of section170A of the Criminal Procedure Act 51 of 1977. Section 170A makes allowances for the use of an intermediary by witnesses and victims when presenting testimony in criminal proceedings. It is argued that the best interest of the child principles as well as other rights such as the right to dignity and equality enshrined in the Constitution and guaranteed in international instruments warrants the inclusion of child offenders in the enabling legislation. An interpretation and implementation of Section 170A of the Criminal Procedure Act in line with the Constitution and international instruments that gives recognition to the child offender’s vulnerability and enforces the best interests of the child offender is accordingly advocated

Recent years have seen an increase in the use of the Global Positioning System (GPS) by both private and public entities for the purpose of tracking and monitoring the location of human beings. The GPS tracking application is used as a locating system to monitor, among other people, children, the elderly who suffer from Alzheimer's, and the mentally ill, for personal protection purposes. This electronic monitoring system has also found application on parolees as a law enforcement measure. In trying to track down a tangible solution to prevent and mitigate brutal attacks on persons with albinism in South Africa, this article proposes the extension of the application of the use of the Global Positioning Tracking System to persons with albinism as a strategy to halt the continued attacks against this population. Although Malawi has pioneered the use of the GPS in the context of fighting violent crimes against persons with albinism, what is unsettling to the author is the fact that no debates have taken place on the ethical and legal concerns arising from electronically tagging and tracking people with albinism; especially in view of the fact that persons with albinism are already a vulnerable and stigmatised population. Could it be that ethical issues and human rights are to be ignored when it is affirmed that technology serves the common good of protecting persons with albinism? My emphasis here is on the need for a debate on what could otherwise be a controversial application of technology. Although the purpose of the GPS is undeniably worthy, sometimes the way these devices are used can be more problematic. More challenging is the desire to justify the encroachment of any rights, as arises through using this crime prevention strategy. The use of the electronic monitoring system to tag and track persons with albinism raises crucial human rights and ethical concerns, particularly relating to the right to privacy, liberty, perhaps equality, and notably, the right to dignity. There is a need to be conscious of the possibility of the misuse of the technology and precautionary measures must be put in place. This article therefore discusses the ethical and legal issues which could arise from the electronic tagging and tracking of persons with albinism