Environmental Degradation and Child Rights in the Age of a Just Energy Transition: The Impact of Mineral Extraction on Environmental Rights in Zimbabwe

by | May 11, 2026 | SLR, SLR V36 I2

Environmental Degradation and Child Rights in the Age of a Just Energy Transition: The Impact of Mineral Extraction on Environmental Rights in Zimbabwe

Authors: Chantelle G Moyo & Sithandweyinkosi Nkomo

ISSN: 1996-2193
Affiliations: LLB LLM PhD, Postdoctoral Researcher, University of South Africa; BSc (Environmental Health) MSc PhD, Environment and Climate Regional Coordinator, Terre des Hommes
Source: Stellenbosch Law Review, Volume 36 Issue 2, 2025, p. 95-113
https://doi.org/10.47348/SLR/2025/i2a1

Abstract

The imperative to transition to lower-carbon pathways under the Paris Agreement has necessitated the demand for mineral resources that aid in the development of these technologies. Zimbabwe is a key location for one such mineral, lithium, which is a component in the development of battery storage technologies, aiding the transition to low-carbon pathways in transport and renewable energy. This contribution argues that the extraction of these so-called “transition minerals” has repercussions for children’s right to a healthy environment. Therefore, while the extraction of these minerals is largely economically sound, it is also accompanied by severe development-induced environmental degradation, which adversely affects children’s lives. Additionally, the depletion of natural resources exacerbates food insecurity and poverty in Zimbabwe, disproportionately impacting vulnerable children and indigenous communities. Against this background, this contribution examines the environmental impacts of the extraction of transition minerals with an emphasis on pollution. It examines the role of children as rightsholders and agents of change in advocating for environmental rights. The findings of this analysis underscore the intricate relationship between mineral extraction, environmental degradation and children’s rights. Furthermore, the conclusion emphasises the role of robust legal and policy frameworks in curbing child rights violations due to mineral extraction activities.

Artificial Intelligence and Children’s Right to Privacy: An Evaluation of South Africa’s Legislative Framework

by | May 11, 2026 | SLR, SLR V36 I2

Artificial Intelligence and Children’s Right to Privacy: An Evaluation of South Africa’s Legislative Framework

Author: Mildred Bekink

ISSN: 1996-2193
Affiliations: BA BA (Hons) LLM (cum laude) LLD, Associate Professor, University of South Africa
Source: Stellenbosch Law Review, Volume 36 Issue 2, 2025, p. 114-140
https://doi.org/10.47348/SLR/2025/i2a2

Abstract

The rise of artificial intelligence and technology use has accelerated to such an extent that it has become embedded in everyday life. Children have not been left unaffected by these developments as they increasingly rely on technology in their daily lives. Through their interaction with digital technology, children are part of a vast global system in which huge amounts of their personal data are collected and processed. This data can be easily accessed and used for a variety of purposes, thereby giving rise to a plethora of dangers, including serious privacy concerns for children. Young children and children lacking digital literacy are particularly vulnerable to these privacy violations. The safety risks created by this drastically changing environment necessitate deeper reflection on the impact of AI on children. Such reflection should include the implementation of child-centred policies and more stringent measures to protect children’s privacy rights. One way to accomplish this is through regular review of privacy and data protection legislation, as well as through the establishment of new or amended national and international legislation and policies when necessary. This contribution evaluates South Africa’s data protection legislation, regulations and policies in relation to children’s online privacy rights. This is done against the backdrop of international law and good practices. Where necessary, recommendations for improvement are proposed.

A Reflection on the Intersection between the Role of State and Non-State Actors in Providing Alternative Care for Children in Tanzania

by | May 11, 2026 | SLR, SLR V36 I2

A Reflection on the Intersection between the Role of State and Non-State Actors in Providing Alternative Care for Children in Tanzania

Author: Veronica Buchumi

ISSN: 1996-2193
Affiliations: LLB LLM LLD, Postgraduate Diploma in Legal Practice Lecturer, University of Dar es Salaam School of Law
Source: Stellenbosch Law Review, Volume 36 Issue 2, 2025, p. 141-162
https://doi.org/10.47348/SLR/2025/i2a3

Abstract

The interplay between the role of state and non-state actors in providing alternative care services for children in Tanzania is a phenomenon requiring closer examination. The legal and institutional framework regulating alternative care services vests the care and discharge of services for children deprived of their family environment primarily in the state. The law, however, acknowledges that the state cannot fully and effectively discharge this duty without the support and cooperation of non-state actors and the community. Thus, the state can enter into agreements with various non-state actors (NSAs) to provide selected alternative care services. It is apparent that alternative care services for children in Tanzania are predominantly led by non-state actors, who appear to have adequate resources to facilitate the provision of various services. The main argument of this contribution is that imbalanced power relations between state and non-state actors affect the creation of a clear national vision towards quality alternative care services for children and jeopardise the realisation of the right to alternative care.

Navigating the Complexity around Securing Parental Consent for Children to Testify in Child Sexual Abuse Misconduct Cases against Educators

by | May 11, 2026 | SLR, SLR V36 I2

Navigating the Complexity around Securing Parental Consent for Children to Testify in Child Sexual Abuse Misconduct Cases against Educators

Authors: Bernard Bushe

ISSN: 1996-2193
Affiliations: LLB LLM LLD, Senior Consultant at Talent Xplora Group, South Africa
Source: Stellenbosch Law Review, Volume 36 Issue 2, 2025, p. 163-188
https://doi.org/10.47348/SLR/2025/i2a4

Abstract

This contribution investigates the procedural and legal challenges associated with securing child participation in disciplinary proceedings against educators accused of sexual misconduct. While such offences are ordinarily prosecuted under the Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007, they also trigger internal disciplinary processes within the education sector, particularly those administered by employers, the Education Labour Relations Council (“ELRC”), and the South African Council for Educators (“SACE”). These forums frequently rely on child testimony to establish misconduct, yet parental refusal, trauma-related withdrawal and fragmented multi-forum procedures often obstruct accountability. This contribution identifies a critical gap in the legal framework: the absence of mechanisms to ethically compel child participation when parental consent is withheld. Drawing on statutory analysis, case law and comparative international perspectives, the contribution argues for legislative reform grounded in the parens patriae doctrine and constitutional protections. Key recommendations include codifying state intervention, streamlining testimony across forums, and establishing specialised support for child witnesses. These reforms are essential to safeguarding children and strengthening professional accountability in the education sector.

Addressing the Escalation of Child Pornography: Strengthening Child Protection Measures in Sub-Saharan Africa

by | May 11, 2026 | SLR, SLR V36 I2

Addressing the Escalation of Child Pornography: Strengthening Child Protection Measures in Sub-Saharan Africa

Authors: Hadiza O Okunrobo

ISSN: 1996-2193
Affiliations: PhD, Senior Lecturer, Department of Public Law, Faculty of Law, University of Benin, Nigeria
Source: Stellenbosch Law Review, Volume 36 Issue 2, 2025, p. 189-206
https://doi.org/10.47348/SLR/2025/i2a5

Abstract

In 2022, over 32 million child sexual abuse claims were filed globally. Reports to a global child sexual abuse materials clearinghouse increased by 15% from 2005 to 2020 and by 35% between 2020 and 2021, largely due to a rise in the use of digital technology that facilitates the distribution of exploitative content. The rapid growth of social media and internet connectivity has facilitated the spread of child pornography, heightening risks for children. The safety of children in Sub-Saharan Africa is under serious threat due to the increase in child pornography. Immediate action is necessary to enhance protection measures. Using a doctrinal analysis and review of secondary data, this contribution examines the issues related to child pornography and proposes improvements to child safety protocols in this region. In Sub-Saharan Africa, several factors, including poverty, insufficient funding, ignorance and displacements as a result of war or conflict, lax enforcement of the law, cultural taboos, and stigma around talking about sexuality and child abuse, obstruct initiatives to increase awareness and offer assistance to victims, making children more susceptible to exploitation and abuse. A comprehensive strategy is needed to enhance child safety, including strengthening laws against the creation and distribution of child pornography and improving law enforcement’s ability to investigate and prosecute offenders. To empower children, it is essential to fund education and awareness campaigns, establish child-friendly reporting systems, provide victim support services and promote safe internet usage habits. In conclusion, combatting child pornography in Sub-Saharan Africa requires a concerted effort that includes legal reforms, capacity-building initiatives and community engagement. By prioritising the protection of children and addressing the root causes of exploitation, stakeholders can work towards creating a safer environment for all children in the region.

The Proposed Prohibition on Child Marriage in South Africa: Exploring the Implications and Imagining a Retroactive Legal Position for the Married Child

by | May 11, 2026 | SLR, SLR V36 I2

The Proposed Prohibition on Child Marriage in South Africa: Exploring the Implications and Imagining a Retroactive Legal Position for the Married Child

Authors: Prinslean Mahery & Gino Frantz

ISSN: 1996-2193
Affiliations: LLB LLM, Senior Lecturer: University of the Witwatersrand; BA LLB LLM, Lecturer: University of the Witwatersrand
Source: Stellenbosch Law Review, Volume 36 Issue 2, 2025, p. 207-234
https://doi.org/10.47348/SLR/2025/i2a6

Abstract

South Africa (SA) still legally permits child marriages. A consistent call has been made by the Committee on the Rights of the Child (CRC) as well as the African Committee of Experts on the Rights and Welfare of the Child (ACERWC) to SA to abandon this practice. Recent legislative developments indicate that SA might heed such a call. The draft Marriage Bill of 2023 restricts the marriageable age to anyone 18 years or older. Should this law become operational, it will effectively prevent anyone from entering into marriage as a child. Although this law reform would be a victory against child marriage, it will come with one notable limitation – prospective legal application. In recent discussions between the CRC and the South African delegation on the latest country report, a committee expert asked a pertinent question: ‘What was being done to help children already married?’ The position and vulnerability of the South African child in relation to private law, public law and international law sources emphasise the significance and importance of the prospective prohibition on child marriage in South Africa, but fail to account for children already married. In imagining a legal position where South Africa has already banned child marriage, what must be questioned is whether the prohibition will impact the rights and status of the already-married child and whether a retroactive operation should be included when enacting the change to the legislative framework. Potential retroactivity would have a drastic impact on the complex nature of rights, duties and entitlements of children in existing child marriages. Our research intends to examine whether the potential negative impacts of retroactivity when ending child marriage can and should be justified in the best interest of married children.