Research and Development - Institute for Child Witness Research and Training
Research and Development Publications
In 1996 Prof Müller and her colleagues were approached by the Department of Justice to investigate whether there was a need for a national preparation programme. It was found that children under the age of eleven years have very little knowledge about the role of personnel in the courtroom or of the procedures used in court. In addition, children have serious misconceptions about certain aspects of the process which exacerbates the fear and stress associated with testifying in court. The results of these studies emphasised that there is a very strong need to prepare children before they give evidence in court.
The above findings were presented to the Department of Justice. The former Minister of Justice, Dr Dullah Omar, requested Prof Karen Müller to continue her research into the development of a standardised preparation programme for child witnesses, which was based on South African research and which could possibly be integrated into the criminal justice system.
1.1 Outline of research
The aim of the research was to develop a programme that would focus on preparing children for court and providing them with the necessary skills to become effective witnesses. The outcome of the project was to produce a thoroughly researched court preparation programme which would be available to all children throughout South Africa who are required to testify, and which will be integrated within the judicial system.
The first phase of the research focussed on investigating the need for preparation, in the course of which over 500 children were interviewed to assess their knowledge and understanding of legal terminology and court procedures.
Visits to observe international programmes and to interview international experts were included as part of this phase. Local programmes were also identified and the content and presentation thereof evaluated. These programmes were researched and evaluated to determine the efficacy of their content and their applicability to the South African situation.
Once it had been established that a preparation programme was essential for all children who have to testify, it was then necessary to offer role-players an opportunity to provide input with regard to the content and structure of the preparation programme. To this end, developmental workshops were conducted with relevant role-players throughout South Africa for comment, and a report was published which integrated the comments and suggestions made by all who attended the workshops.
The next phase of the research involved focussing on the content of the preparation programme. Research from both national and international programmes was evaluated and the suggestions of the role-players were integrated to develop the first draft of the programme.
In order to ensure that the programme was effective and did not amount to an intellectual exercise, it was necessary to test the programme on children themselves. Three testing areas were identified for an evaluative assessment of the modules that made up the programme. The initial testing was conducted at an identified school. The purpose of this evaluation was to ensure that the programme was effective, comprehensive and neutral. The children attending this school came from diverse backgrounds and a number of them presented with cognitive disabilities. The second testing involved a group of children at Childline in Port Elizabeth. The research focus of the programme in this instance included the fact that these children would be testifying as witnesses. These children came from predominantly coloured, Afrikaans speaking, lower socio-economic social groups. The third testing phase was presented to a group of Black children at an identified school to ensure that all material used in the programme is culturally legitimate.
Once the above research (namely the first two testing sessions) was completed, the content of the programme was evaluated by an international expert on court preparation. A report was submitted, highlighting one or two areas of concern, but the overall evaluation was extremely.
A second round of developmental workshops was held to present the findings of the above research and to offer role-players an opportunity to comment on the content of the draft preparation programme. The outcomes of this workshop were also presented in a report which was subsequently published. The comments from the role-players were also worked into the draft programme and necessary changes made.
Thereafter the programme was finalised and the tools and materials that form the practical basis of the preparation programme have been produced, including age-appropriate booklets for the children themselves.
Two pilots are presently being conducted. The sites for the pilots were identified by the Department of Justice as being Port Elizabeth (Childline) and Nelspruit (GRIP). The pilot projects themselves involve a number of phases. The first phase was the intensive training of identified role-players at each of these pilot sites on the preparation programme material. The next phase, which is currently being undertaken by each pilot site, is the presentation of the programme to child witnesses and the evaluation thereof by the Institute. Each pilot site provides feedback to the Unit regarding the presentation of the programme and related issues. The Institute has also had an opportunity to observe the presentation of three programmes at the Magistrates Court in Nelspruit. The pilots will continue to run for a period, throughout which the Institute will evaluate the efficacy of the programme.
1.2 The Baby Programme
The final phase of the research was the development of the ‘Baby Programme’. The Institute repeated the above research and development process with children aged 3-6 years. Similar research groups at Childline and identified schools were used to test the material. The final programme was completed in June 2005. This process included, as before, a workshop with relevant role-players for assessment of the programme material.
1.3 The final product
A thoroughly researched and standardised programme is now available for implementation at all relevant courts throughout South Africa. The final phase of the process will be the roll-out of the programme in these courts. This phase includes a five day intensive training course and the provision of all tools and materials for the presentation of the programme by facilitators who will provide the programme to child witnesses.
