NCJ Number
206440
Date Published
2004
Length
26 pages
Annotation
This chapter critically examines developments in child justice in South Africa during the post-1994 period and then identifies the challenges that South Africa faces in the future of child justice.
Abstract
The first section of the chapter reviews the progress of the Child Justice Bill currently before the South African Parliament to illustrate the evolution of thinking on child justice over the last 9 years. The background of the bill's drafting is discussed, with attention to the primary international and domestic influences on it. Two aspects of the bill are then critiqued: its emphasis on diversion and the role of a professional elite in its design. A central feature of the final draft of the bill is the preliminary inquiry, which is a compulsory procedure presided over by a designated district court magistrate, to be held within 48 hours of a juvenile's arrest and prior to his/her plea. This mandatory inquiry provides an early opportunity for determining whether an accused juvenile can be diverted from the criminal justice system; it also allows for families to participate in the early decisions bearing upon how the case will be handled. The child's consent must be obtained before diversion is ordered. Diversion options will differ according to the seriousness of the offense and the nature of the juvenile's problems. Diversion conditions will be approximately proportionate to the seriousness of the offense. This chapter describes one diversion program in South Africa, SAYStOP, which may reflect the likely future of child justice in South Africa should the Child Justice Bill be passed. SAYStOP was established in 1997 in order to develop innovative and effective interventions aimed at the management and treatment of juveniles accused of committing sexual offenses. The program consists of an assessment phase followed by 10 structured sessions. The program's objective is to encourage the juveniles to assume responsibility for their actions and develop insight about the impact of their behavior on their victims. The structured sessions are thus educational and practical for the development of a range of psychosocial life skills. Findings from the most recent evaluation of the program suggest that it is achieving most, but not all, of its goals. Recommendations for its improvement have been proposed. The passage and subsequent implementation of the Child Justice Bill and the survival and expansion of innovative diversion programs like SAYStOP will depend on the resilience of a commitment to the rights and needs of children in the course of South Africa's transition to democracy. 57 references and 17 notes