Secretariat of National ISCCJ; and

1. Presentation to Portfolio Committee on Justice and Constitutional Development: Progress report on implementation of Child Justice Act, 2008 (Act No 75 of 2008): National Department of Justice and Constitutional Development Secretariat of National ISCCJ; and Chief Directorate: Promotion of the Rights of Vulnerable Persons: 23 February 2010

2. Child Justice Act, 2008: Readiness for implementation: DoJCD:

3. Plans for implementation of the Child Justice Act, 2008:

4. Plans for implementation: DoJ+CD, continued:

5. Plans for implementation: DoJ+CD, continued:

6. Plans for implementation: DoJCD, continued:

7. Functions of the ISCCJ: • The functions of the Inter-Sectoral Child Justice Steering Committee (ISCCJ) (once the NPF has been drafted) and specified in Section 96(1) include: • monitoring the implementation of the national policy framework and this Act; and • the establishment of an integrated information management system to enable effective monitoring, analysis of trends and interventions, • to map the flow of children through the child justice system and to provide quantitative and qualitative data relating, among others, to arrest or methods of securing attendance at criminal proceedings; • assessment; • preliminary inquiries; • diversion; • children awaiting trial; • bail and placement; • trials; • sentencing; • appeals and reviews; • sexual offences committed by children; • children who lack criminal capacity as provided for in section 7(1); and • any other relevant factor.

8. Present oversight Committees • National Intersectoral Child Justice Steering Committee (ISCCJ). • Child Justice Act, 2008, now provides mandate for ISCCJ on DG’s level, to meet on a bi-annual basis and report to Minister of Justice and Constitutional Development within 30 days. • Present Government Departments’ ISCCJ on Chief Director and Director-level, to support DG’s ISCCJ (policy and strategic recommendations). • Consists of various Government Departments concerned, and includes Lower Court Management Committee of the Judiciary and Legal Aid SA. • ISCCJ also meets on regular basis with NGO’s; universities and Chapter 9-institutions; the National House of Traditional Leaders and the Judicial Inspectorate of Prisons. • Supported by nine (9) Provincial Child Justice Fora, chaired by the Regional Heads of the DoJCD in each province, who reports on a monthly basis to the ISCCJ.

9. Challenges: • Inadequate budget allocations. • Cluster budget bids made in both 2008/09 and 2009/10. • No Cluster budget received for 2009/10 – Departments had to reprioritise from Departmental funds. • For 2010/11, the Cluster requested R660,961,799.00, for all Departments involved; and R124,689,590 for the DoJCD. • For 2010/11, the JCPS Cluster received R30 million, for implementation purposes of the DoJCD, NPA and LASA, which will be divided equally between the 3 Units. • Concern – other Departments such as DSD and DCS made their own bids, but received no additional Cluster budgets. • The primary areas affected include: • One Stop Child Justice Centres require both ongoing and capital expenditure and current budgets do not allow for the establishment of further centres as described in the Act. • Diversion of child offenders requires the provision of diversion services and this requires a substantial additional budget especially in under-resourced rural areas. • Implementation of the Act requires a substantial paradigm shift in both the Judiciary and personnel within the system; this requires a substantial training budget which is not covered in existing departmental operational budgets. • Additional staff will be required by almost every department to provide for the additional functions and increased service levels demanded by the Act.

10. QUESTIONS ?Thank you.