Child Justice

WHAT IS THE CJA?
Prior to 1 April 2010, children who committed crime were dealt with, in terms of the Criminal Procedure Act, 1977 (Act 51 of 1977) which also deals with adults who commit crime. The aim of the CJA is to set up a child justice system for children in confl ict with the law. This means that children under the age of 18, who are suspected to have committed crime, will not be dealt with in terms of the normal criminal procedure which is used for adults, but the child justice process will be followed. The CJA seeks to ensure that child justice matters are managed in a rights-based manner and to assist children suspected of committing crime to turn their lives around and become productive members of society by engaging with the child in restorative justice measures, diversions and other alternative sentencing options.

AGE GROUPS COVERED BY THE ACT
According to the CJA, a child is someone who is under the age of 18. The CJA is specifi cally intended for children between the ages 10 and 18. The CJA states that:

• A child under the age of 10 years cannot be arrested! This means that a child under 10 years does not have criminal capacity and cannot be charged or arrested for an offence. In such a case, the child will be referred to the Children’s Court.
• A child older than 10 years but below the ages of 14 years is presumed to lack criminal capacity unless the state proves that he/she has criminal capacity. Such a child can be arrested.
• A child above 14, but under 18 years of age, is said to have criminal capacity and can be arrested.

Follow this link to read the booklet or to view the poster.

NATIONAL POLICY FRAMEWORK

Objectives of the Policy Framework
The NPF, as per the requirements of section 96 (1), include guidelines for:
(a) the implementation of the priorities and strategies contained in the NPF;
(b) measuring progress on the achievement of the NPF;
(c) ensuring that the different organs of state comply with the primary and supporting roles and responsibilities allocated to them in terms of the NPF and this Act.....read more.
Child Justice Act, 2008 (Act 75 of 2008) National Policy Framework

LEGISLATION ()

• Child Justice Act, 2008 (Act 75 of 2008) [English / Setswana]
• Regulations: GG 33067, Notice 251: Child Justice Act (75/2008): Regulations relating to child justice;
• Children's Act, 2005 (Act 38 of 2005) and it's regulations

NOTICES ()

• GG 34960, GoN 49 [635kb] Child Justice Act: Accredited diversion programmes and service providers, 23 Jan 2012
• GG 34659, Notice 828 [423kb] Child Justice Act (75/2008): Accredited diversion programmes and service providers, 5 Oct 2011
• GG 33067, Notice 252: Child Justice Act (75/2008): Directives in terms of section 97 (4)
• GG 33461, Notice 801 - Child Justice Act (75/2008): Publication of National Policy Framework on Child Justice: For public comments. In terms of: s 93(2)(b) of the Child Justice Act, 2008, 75 of 2008.
  
• Commencement of the remaining sections of the Children's Act, 2005 (Act 38 of 2005) - Sections 15 & 315 comes into operation on 01 April 2010
• Section 97(3) of the Child Justice Act, 2008: Determination of persons or category or class of persons competent to conduct the evaluation of criminal capacity of a child and the allowances and remuneration

Related Judgments ()

• S v CKM, FTM and IMM (20/1): Children and sentencing and the Child Justice Act
• AI Gani NO v The State (H47/11): Review of young female offender’s conviction – Zimbabwean citizen – both parents deceased – initial uncertainty about age – Child Justice Act – diversion from criminal justice system – child justice system charged with implementing criminal jurisprudence whatever residential status in SA – failure to consider diversion from criminal justice system a fatal factor in the conviction process – conviction cannot stand – case referred back to court a quo for proper implementation of relevant provision of Act.
• S v J (695/10) [2010] ZASCA 139 (19 November 2010) - Parental rights and responsibilities under the Children’s Act 38 of 2005: unmarried father’s responsibilities and rights; grandparents’ responsibilities and rights; jurisdiction of high court to set aside or suspend operation of another high court’s order.
• YM v LB (465/09) [2010] ZASCA 106 (17 September 2010) - Scientific tests on a child to determine paternity should not be ordered where paternity has been shown on a balance of probabilities. Media Summary
• Special Review No 19/07 - Maneli v Maneli

EXPUNGEMENT OF RECORDS OF CERTAIN CONVICTIONS AND DIVERSION ORDERS

Section 87 of the Child Justice Act provides for the expungement of records of certain convictions and diversion orders
(1) (a) Where a court has convicted a child of an offence referred to in Schedule 1 or 2, the conviction and sentence in question fall away as a previous conviction and the criminal record of that child must, subject to subsections (2), (3) and (5), on the written application of the child, his or her parent, appropriate adult or guardian (hereafter referred to as the applicant), in the prescribed form, be expunged after a period of....read more

For any enquiries regarding expungements by the Minister or DG of Justice and Constitutional Development, contact any of the following officials:
A Mudaly (012) 315 1232
L Nieuwoudt (012) 315 1278
G Netshimbupfe (012) 315 1561
A Steyn (012) 315 1300
F Willmot (012) 315 1412
OFFICIALS WILL ONLY CONSULT WITH MEMBERS OF THE PUBLIC ON PRIOR ARRANGEMENT: PLEASE MAKE AN APPOINTMENT

Please note that the Director-General of the Department of Social Development, is responsible for the expungement of a record of any diversion order.
For further information please contact:
Ms Conny Nxumalo
Chief Director: Families and Social Crime Prevention, Tel: 012 312 7686, E-mail: connyn@dsd.gov.za
or
Mr Steven Maselesele
Director for Social Crime Prevention, Tel: 012 312 7065, Email : stevenm@dsd.gov.za

FORMS

• Form 13 (J763) - Application for Expungement of Records of Conviction and Sentence by the Director–General or Cabinet Member - Sections 87(1) And 87(3) of the Child Justice Act, 2008 (Act No. 75 of 2008), Regulations relating to Child Justice [Regulation 49]
• Follow this link to also view the relevant forms for the Children's Act.

DOCUMENTS ()

• Factsheet on the Act, 2010
• Child Justice Flyer, 2010
• Interim Protocol for the Management of Children Awaiting Trial - 2002
• Child Justice Project - 2000
• Busi goes to court - 1999
• Law talk for children - 1998

USEFULL LINKS

• The Presidency' Childrens Website (http://www.thepresidency.gov.za/kids/)
• The Child Justice Alliance (http://www.childjustice.org.za/default.htm)

CONTACTS

Chief Directorate: Promotion of the Rights of Vulnerable Groups
Senior Legal Administration Officer, Ms Pritima Osman, Tel: 012 357 8205, Email: POsman@justice.gov.za