Justice for juvenile offenders under the new amended legal framework of the Child Justice Act.
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Date
2022
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Abstract
Juvenile justice has come a significantly long way in South Africa as separate system of law, which
operates to specifically deal with children in conflict with the law based on international and
regional instruments. While South Africa has undoubtedly sought to protect the rights of children
who come into conflict with the law, there is still much room for further development and proper
application of these laws. Recently the new amended Child Justice Act was passed and is awaiting
promulgation. The amendments will enable the assessment of the criminal capacity of juveniles
be dealt with in a more effective manner with the assistance of the police and probation officers.
The policy of Diversion will also be at the forefront of facilitating the speedy process of juvenile
offenders where possible. The issue of sentencing remains contentious, as juveniles are
consistently sentenced to lengthy terms of imprisonment without the presiding officers having
sufficient information to make a proper evaluation of an appropriate sentence. The Child Justice
Act must be amended to include an in-depth sentencing policy in order to ensure that juveniles are
afforded proper justice as per the vision imparted in the preamble of the Act.
Description
Masters Degree. University of KwaZulu-Natal, Pietermaritzburg.