Presentation to the Portfolio Committee for Justice and Constitutional Development

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Presentation to the Portfolio Committee for
Justice and Constitutional Development

• The Child Justice Bill
• By Dr Ann Skelton, Centre for Child Law

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Association with the Bill UN Child Justice
Project- first time such a comprehensive Budget
and Implementation Plan was undertaken in
relation to a Bill. In the lead up to the
introduction of the Bill into parliament in 2003,
government departments undertook detailed
inter- sectoral planning. NGOs and the executive
did not differ markedly, there was broad
enthusiasm for the Bill. Portfolio committee
directed many changes, and more have been made
since. Some of the changes are far-reaching and
in some instances will take us backwards from
current law and practice
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These submissions will focus on three major
changes that were made to the 2002 version of
the Bill It will be argued that these changes
have a dramatic effect on the envisaged
system It will further be shown how rectifying
these changes will in and of itself simplify the
Bill, as the Bill will no longer be so reliant on
the schedules, which is what makes the Bill so
difficult to understand at present
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The system should not be bifurcated or divided
into 2 streams that cut certain children off
from services Decisions should not be based
solely on the offence Category The system is
also bifurcated in the way that it treats 16 and
17 year olds this was unknown as a division
prior to minimum sentences. Of course in each
individual case the presiding officer will take
age into account, but hands should not be tied.
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Conclusion

• The Child Justice Bill provides an important
  opportunity to turn around problems with crime in
  SA
• 2002 version of the Bill attracted international
  acclaim
• Several African countries have drafted Child
  Justice Bills based on the 2002 version
• SA should remain a leader in Africa and in the
  world with regard to Child Justice
• These submissions are offered towards that goal,
  and the goal of ensuring that SA children have
  access to a fair, protective, individualised and
  effective system