The 2010 implementation of the child justice act 75 of 2008 hereinafter referred to as the cja which procedurally regulates the trial of a child in conflict with the law in south africa informs the submissions hereunder. Child justice act, 2008 act no 75 of 2008 national. Child justice administration in the nigerian child rights act. Child justice act 75 of 2008 english text signed by the president as amended by judicial matters amendment act 42 of 20 judicial matters amendment act 14 of 2014 legal aid south africa act 39 of 2014 also amended by prevention and combating of trafficking in persons act 7 of 20 with effect from a date to be proclaimed see pendlex.
Child justice act 75 of 2008 with effect from 1 april 2010 see pendlex act. Unicef welcomes signing of child justice bill into law. When the case was reported in the south african criminal law reports, it was referenced. The process which resulted in the act being signed into law on 7 may 2009 began in late 1996 with the appointment of a project committee of the south african law commission as it was then known but now known as the south african law. There is a plethora of road traffic legislation in south africa, namely. Lessons from south africa mariam a abdulraheemmustapha lecturer, department of public law, university of ilorin, nigeria summary child justice administration is critical in any legal system.
The purpose of the conference was to take stock of the situation relating to the criminal justice system for children in conflict with the law. Integrating the common law, statutory law and constitutional perspectives, the text provides thorough and informative coverage of the most current content required for an undergraduate llb course in the law of persons, including key. We empower the most at risk to protect themselves from falling victim to human trafficking, as well as working to equip people to combat human trafficking in. Criminal procedure act means the criminal procedure act, 1977 act 51 of. E it enacted by the parliament of the republic of south africa, as follows. South african crime quarterly african journals online. Whereas the constitution of the republic of south africa, 1996, as the supreme law of the republic, was adopted so as to establish a society based on. In 1997 the south african law reform commission published an issue paper on. Child justice administration in the nigerian child rights. South africas democratic transition ushered in a new era in child justice reform efforts. The cja also expands on and entrenches the principles of restorative justice.
The child justice act 75 of 2008 the act has had a long and tumultuous history. The child justice act 75 of 2008 establishes a criminal justice system for child accused, separate from the criminal justice system which continues to apply for adult. Section 8 of the child justice act determines that the minister of justice and constitutional development. Pretoria, 18 may 2009 unicef today welcomed the signing into law of the child justice bill by the president of the republic for south africa, hailing it as a major step in strengthening the administration of justice for south africas children. Unicef south africa media home child protection week. Protecting children from all forms of violence, abuse and exploitation is enshrined in the united nations convention on the rights of the child, which has been ratified by 193 countries. Adv du rand said that the organisation to which he referred to was in fact busasa. Prevention of family violence act 3 of 1993 commencement 1 july 2007, sections 1 to 11, to 21, 27, 30, 31, 35 to 40, to 4, 305, 307 to 311, 3 to 315. Caring communities protect children as the theme for the week.
The influence of the child justice act 75 of 2008 on the. Aspects of sentencing child offenders in terms of the. Report of the public hearing on schoolbased violence. African law commission to investigate child justice in south africa. The new act establishes a criminal justice system for children who are in conflict with the law. In february, the department of justice and constitutional development dojcd released the discussion document on the transformation of the judicial system and the role of the judiciary in the developmental professor and former dean of the school of law, university of the witwatersrand.
In keeping with the relevant south african law including the childrens act, and the south african good clinical practice guidelines 2006, all children between 12 and 17 can consent to hiv. South africa, act 108 of 1996, and is also seen as a regional and. For convenience, this will henceforth be referred to simply as the constitution. In particular, the information contained in this book does not constitute any form of specific legal advice but rather contains an overview of the act for purposes of awareness. Getting to know the child justice act the child justice alliance. Natural fathers of children born out of wedlock act.
Treatment of juvenile offenders and their reintegration into society treatment of juvenile offenders and their reintegration into society index content page chapter 5 cont 5. Child justice, dojcd, said she had been involved with child justice for the previous ten years. South africas national child protection committee has adopted a fiveyear theme. This is due to a general recognition of the vulnerability of children. The child justice act 75 of 2008 is arguably one of the best pieces of child justice legislation in the world. Access to information on social justice in africa is difficult. South africa s obligations as party to international and regional instruments relating to children, with particular reference to the united nations convention on the rights of the child and the. They suffer from discrimination, in particular in the. Th ese reports could have led to the girl being identifi ed, and were thus technically in breach of the act. The child justice act is regarded as an extension of the constitution of the republic of south africa, act 108 of 1996, and is also seen as a regional and international human rights instrument. Social justice pty ltd is not responsible for, and expressly disclaims all liability for, damages of any kind arising out of use, reference to, or reliance on. Child justice act 75 of 2008 southern african legal. South africa and the region, with a particular focus on children and youth. Criminal procedure act 51 of 1977 south african schools act 84 of 1996 government publications gn r74 in gg 15024 of 30 july 1993.
Although south africa has been on the brink of new law for child offenders for the last few years, such law reform. Acknowledgments the child justice alliance wishes to thank. Child justice act 75 of 2008 childrens act 38 of 2005. Child justice act 75 of 2008 south african government.
Department of criminal and procedural law abstract. Getting the principles, procedures and practices of child justice right is essential to preventing crime in south africa. The law of persons in south africa provides a rich source of expertise and a lively and approachable introduction to the principles of the law of persons. Lessons from the child justice act to improve the south african schools act. Section 1 of the childrens act, 2005 hereinafter referred to as the principal act, is hereby amended. They describe recent developments in child justice in south africa, and contextualise the south african approach by reflecting on international standards. The south african national roads agency limited and national roads. Constitution means the constitution of the republic of south africa, 1996. Pambazuka news has filled this gap by reaching more than 80,000 readers. It is the authoritative electronic weekly newsletter and platform for social justice in africa, providing cuttingedge commentary on current affairs, development, human rights, refugees, and culture in africa.
Information for social justice in africa globalgiving. On 30 june 2010 only 297 children were awaiting trial in prisons, mostly for serious and violent crimes. It deals with topics including the age of majority, paternity, custody, child support, guardianship, parenting plans, childrens courts, circumcision, day care, child protection, foster care, group homes, adoption, surrogacy, child. Some even revealed details of her residential address. Child justice act 75 of 2008 prof stephan s terblanche department of criminal and procedural law, university of south africa email.
Be it therefore enacted by the parliament of the republic of south africa, as follows. Bingu wa mutharika president 29thjuly, 2010 arrangement of sections section part i preliminary 1. South africas obligations as party to international and regional instruments relating to children, with particular reference to the united nations convention on the rights of the child and the. In this monograph the authors chart the history of child justice in south africa, and internationally. More than 90% of south african children benefit from the right to education. South africa was a developmental state but he could not see how the cja catered for development. Childrens act 38 of 2005 department of justice and. For convenience this will be referred to simply as the act. Previously in south africa, the childrens protection act 25 of 19 cj was the embodiment of the trend towards. Oxford university press the law of persons in south. A handbook for members of parliament 5 introduction s outh africa has enshrined childrens rights in the constitution act 108 of 1996, the supreme law of the country that was designed to respect, protect, promote and fulfil the rights of all people in the country. The main reason why these children arent enrolled in school is because their families are too poor to pay for their education and the costs that it incurs in many cases, handicapped children are not educated. Twitter law library external link twitter congress.
The cross border land transport act, act 4 of 1998. Amendment of section 1 ofact 38 of 2005, as amended by section 3 ofact 41 of 2007 1. The criminal capacity of children in south africa dullah omar. Radebe said the government received r30 million to implement the child justice act during. Justice acts south africa is committed to combating human trafficking in practical ways.