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Children's Justice Bill Implementation Overview

Presentation to Education Portfolio Committee on implementing the Education White Paper 6, focusing on current laws, existing provisions, challenges, and proposed reforms in schools of industry and reform schools for children in South Africa.

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Children's Justice Bill Implementation Overview

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  1. Child Justice Bill IMPLEMENTING EDUCATION WHITE PAPER 6 “Presentation to Education Portfolio Committee”

  2. Content • Current law relating to different categories of provision • Current Situation concerning existing provision • Response of the Department of Education • DOE Plans and Activities • Major Challenges

  3. Content cont. • Substantive Issues related to Bill • Recommendations

  4. Schools Industry • Current LawSchools of Industry: Children can be placed in a School of Industry by a Children’s Court in terms of the Child Care Act. SOIs are intended for children in need of care who have behavioural difficulties. Children cannot be sentenced to a SOI

  5. Reform Schools • Reform Schools : Children can be sentenced to Reform School by a Criminal Court in terms of the Criminal Procedure Act. It used to be possible for children to be transferred from a SOI to a RS, Child Care Act amended to prevent this in 1999.

  6. Current Situation:Numbers • Current situation:3 Reform Schools in the country, two of which are in the Western Cape.16 Schools of Industry • The Child Justice system requires a far more evenly spread access to facilities.

  7. Mpumulanga Has more than adequate facilities for the province, does take children from other provinces3 schools of industry (2 for boys, one for girls)1 reform school (for boys)

  8. Kwa-Zulu Natal Has adequate schools of industry, but no reform school.SOI – Newcastle (only boys)SOI – Estcourt (only girls)SOI – Utrecht (very young children both sexes, more like a full service special school)Facilities clustered in one area, away from densely populated areas. This province has highest no. of children in prison.

  9. Gauteng Has adequate schools of industry but no reform schoolTwo schools of industry, both for boys, in Heidelberg.

  10. Free State Has adequate SOI, but no Reform School1 SOI for girls in Bloemfontein1 SOI for boys in Dewetsdorp

  11. Eastern Cape Low capacity Only one school of industry for boys in Queenstown.No reform school, no facilities for girls.This province has second highest no. of children in prison.

  12. North West Province Only one school of industry for girls in Wolmaransstad.No facility for boys.No reform school.

  13. Northern Cape and Limpopo No schools of industry or reform schools in either of these provinces.Sentenced children - from Western Cape, are accommodated in Western Capefrom all other provinces, accommodated in Mpumulanga.

  14. Response of Department of Education • The Director-General has forwarded a request to all provincial heads of education requesting information on un-used buildings that could be utilised for housing awaiting trial and sentenced learners • Department of Education has met with Social Development, Justice, Correctional

  15. Response contd. • Services with a view to developing a operational plan that will indicate the role of each department, budgets to be allocated and other operational issues • Department of Education is convening a meeting together with the EDTP Sita, universities, other service providers

  16. Response contd. • Regarding human resource development in this area. • Look at the possibility of using 16 youth care centres for awaiting trial and sentenced learners • In the short term we will field test the possibility of conversion

  17. DOE Plans and activities for 2003 • Develop educational programs for awaiting trial and sentenced learners • Work closely with higher education so that these programs are part of their teacher training • Work with social development in field testing to of youth care centres

  18. Directorate Plans and Activities • Characterise the different kinds of learners who are target in the Children’s Bill and indicate the different levels of support • Plan intervention and field testing on the basis of the different levels of support • Create the necessary systems that need to be put in place immediately

  19. Plans and activities contd. • DEPARTMENT OF EDUCATION has to ensure initially that there are facilities • This will have to be done with other government departments • Child Justice Bill places a lot of emphasis on education’s role but Social Development suggests taking over all youth care centres in the Children’s Bill

  20. Plans and activities contd. • We have met a few times after the hearings on the Child Justice Bill • Education is centrally involved in the Children’s Bill • All these matters will be resolved since all departments are currently involved in working out their responsibilities

  21. Plans and activities contd. • Department is moving ahead with looking at educational programmes at facilities at this stage. • Facilitating the collaboration between departments so that all these matters could be resolved and solutions found

  22. Major challenges • Need to look at the common ground between Child Justice Bill and Childrens Bill (Chapt 16 of childrens bill youth care • To ensure different govt depts(name) and national and provincial level develop clear and concrete plans regarding their involvement

  23. Substantive issues central to Bill • The Bill has increased the age of lack of criminal capacity from 7 to 10yrs (Clause 5(1) of the Bill). • It has also increased the age of the presumption of lack of criminal liability to 14 years (Clause 5(2) of the Bill). • By doing so the bill amends the common law pertaining to criminal capacity of children

  24. Substantive issues related to Bill contd. • The increased age of lack of criminal capacity is good news for education in that a learner will be able to attend school continuously up to Grade 5 without any interruption • The mere fact that a child will note be arrested and kept in police custody for petty cases such as assault without intent to do

  25. Substantive issues related to bill contd. • Grievious bodily harm, as contemplated in Schedule 1 to the Bill, will allow learners to be at school without any interruption (Clause 7(1) of the Bill; • Sentences such as community based, restorative justice and correctional supervision will be in the best interest of a child because in such instances the child

  26. Substantive issues related to Bill contd. • Will be able to attend school (Clauses 64-66)

  27. Recommendations • The terms Constitution and ubuntu should be defined • The funding of education in respect of learners who are under the custody of the Department of Correctional Services is the responsibility of that department; and • The Bill be supported in principle, as it is in

  28. Recommendations contd. with section 28(1)(g) of the Constitution

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