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Progress Report on Implementation of Child Justice Act, 2008

This presentation provides an update on the implementation of the Child Justice Act, 2008, including the development of NPA directives and plans for training and coordination. It highlights the provisions for diversion, rehabilitation, and the best interests of the child.

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Progress Report on Implementation of Child Justice Act, 2008

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  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 Prosecuting Authority of South Africa

  2. Child Justice Act • The Act was signed by the President on the 7th May 2009. • The Act will come into operation on 1st April 2010. • Provides for the NDPP to issue NPA directives. • Directives to be tabled by December 2009. • ISCCJ secretariat to facilitate the date of tabling of all implementation tools:- • Regulations • Directives • Guidelines and • National Instructions

  3. Plans for implementation of the Child Justice Act, 2008: • Pursuant to the signing of the Act:- • Issued a memo to all DPP offices calling for nomination of official(s) to partake in the:- development of NPA directives; training manual and process designs.

  4. Plans for implementation: NPA, continue: • Established NPA Child Justice Task Team. • Developed and approved terms of reference for the task team:- • Which includes, consultation; • Commitment; • Coordination; • Communication and • Training • Developed implementation plan for the task team:- • Timeframe for training manual development; • Singing off of the training manual; • Costing of the execution of the task team terms of reference and • Roll out of training ( 11 sessions in total)

  5. NPA Directives • Part 48 of the NPA Policy Manuel. • Acknowledge vulnerability and special needs of child offender. • Consider diversion for all children in conflict with the law. • However only divert appropriate and deserving cases. • Child offender(s) to benefit from interventions, programs or sentencing options. • To promote rehabilitation and reintegration. • Galvanise promotion and safe guarding of the best interest of the child.

  6. NPA Directives; continue • General requirements for diversion. (section 52 of the Act) • Provisions of reasons for a decision not to divert . • Recording of reasons for non diversion in the investigating diary of the docket. • Use of accredited service provide and diversion programme.

  7. NPA Directives; continue • Diversion to be made an order of court, including section 41 diversion. • Compliance of diversion to be monitored. • Prosecutors role in the restorative justice mechanism, e.g. FGC and VOM. • Prosecutions responsibility for the ultimate decision to divert or not should not be abdicated. • Prosecutors should ascertain whether the child offender has previously been diverted. • Diversion not a once off option, however not suitable if it brings the administration of justice into disrepute.

  8. NPA Directives; continue • Prosecutors should obtain and consider views of victims and investigating officers, whenever possible, in respect of Schedule 1 offences. • In respect of Schedule 2 and 3prosecutors must consider views of victims and investigating officers. • Prosecutors are not bound by these views. • It should be noted that the victim/ person affected has no redress ( section 59(2)). • Management and filling of compliance report. • Non-compliance due to the child offender’s fault should be dealt with by clarifying the degree of non-compliance and the recommendations by the probation officer; and ultimately prosecutors should decide next step.

  9. NPA Directives; continue • Preliminary inquiry • Prosecutors may dispense with when diverting a Schedule 1 offence; provided: • The crime is a minor one; • Where the child is not in need of care and protection; and • Where the child does not have a record of previous criminality. • Prosecutors should play an active role in the preliminary inquiry, despite it being inquisitorial in nature. • Prosecutors should object to victims and/or witnesses being called to partake at preliminary inquiry. • Prosecutors should be able to provide an account relevant to the offence, the views of the victim or the person affected.

  10. NPA Directives; continue • Inquiry magistrate has a discretion to divert the matter if the prosecutor agree and the requirements are met. • When not consenting to diversion the prosecutor must confirm the presence of sufficient evidence for the matter to proceed to the CJC. ( Section 47(9)) • Prosecutors should inform the inquiry magistrate as soon as possible if the matter may not be diverted, provided:- • There is no likelihood of further information becoming available that might warrant a different decision. • Only when necessary prosecutors should request a postponement of 48 hours for further investigation to determine whether diversion is appropriate

  11. NPA Directives; continue • Categories of child offenders:- • Dealt with appropriate referral; due to lack of criminal capacity for children under 10 years.( refer to be dealt with in terms of section 9(3)) • Cannot prosecute an under 10 year old ( section 7(1)).

  12. NPA Directives; continue

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