Child Justice Amendment Bill in the Pipeline

Department of Justice and Constitutional Development

A Draft Child Justice Amendment Bill is heading for parliament.

The justice and constitutional development department published the proposed legislation’s explanatory summary in Government Gazette 41952.

The purpose of the bill is to amend the Child Justice Act of 2008 (Act No. 75 of 2008) so as to:

•    amend a definition;
•    further regulate the minimum age of criminal capacity;
•    further regulate the provisions relating to the decision to prosecute a child who is 12 years or older but under the age of 14 years;
•    further regulate the proof of criminal capacity;
•    further regulate the assessment report by the probation officer;
•    further regulate the factors to be considered by a prosecutor when diverting a matter before a preliminary inquiry;
•    further regulate the factors to be considered by an inquiry magistrate when diverting a matter at a preliminary inquiry;
•    further regulate the orders that may be made at the preliminary inquiry;
•    amend wording in order to facilitate the interpretation of a phrase;
•    further regulate the factors to be considered by a judicial officer when diverting a matter in a child justice court; and
•    provide for matters connected therewith.

The draft bill will be tabled in parliament soon.

Meanwhile, the department has published the Sexual Offences and Related Matters Annual Report 2017-2018 on its website.

The report is compiled in compliance with section 65(3) of the Criminal Law (Sexual Offences and Related Matters) Amendment Act of 2007.

It focuses on implementation of the act and “highlights the achievements and limitations experienced in realizing the goals of the Act within the mandate of the mandate”.

The annual report includes detail on governance in sexual offences, physical and human resources, training and development and public education.

It can be viewed at http://www.justice.gov.za/vg/sxo/2017-2018-SORMA-Report.pdf.

Sabinet Cape Town Office

Related legislation: