The Portfolio Committee on Justice and Correctional Services has adopted the Draft Amendments to Directives, which were submitted to Parliament for approval on 19 October 2023, in terms of section 97 of the Child Justice Act. The amendments include, among other things, increasing the age of criminal capacity from 10 to 12 years old.
This section of the Act provides that the National Director of Public Prosecutions, in consultation with the Minister, must issue directives. Section 97(4)(b) of the Act provides that the directives must be submitted to Parliament for approval, before publication in the Gazette.
The first directives were submitted to Parliament before the Act commenced and were published on 31 March 2010. The directives assist the National Prosecuting Authority (NPA) to ensure the Child Justice Act is implemented properly and provide for a range of matters including withdrawal of cases, criminal capacity, diversion of matters, and trial. The NPA has amended the directives to bring them in line with amendments to the Act, particularly the change to the age of criminal capacity of a child, as mentioned previously, along with some other additional amendments.
The matter was referred to the committee on 19 October 2023 for consideration and report and the committee was briefed on the contents of the draft amendments on 21 February 2024. The committee then heard that the Act was amended to amend a definition of an appropriate adult, to further regulate the minimum age of criminal capacity, to further regulate the provisions relating to the decision to prosecute a child who is 12 or older but under the age of 14, and to further regulate the proof of criminal capacity.
Its aim was also to further regulate the probation officer’s assessment report, to further regulate the factors to be considered by a prosecutor when diverting a matter before a preliminary inquiry, to further regulate the factors to be considered by an inquiry magistrate when diverting a matter at a preliminary inquiry, and to further regulate the orders that may be made at the preliminary inquiry.
It also aimed to amend wording to facilitate the interpretation of a phrase; for example, children used by adults to commit crimes and to further regulate the factors to be considered by a judicial officer when diverting a matter in a child justice court.
The committee also heard this reference has been changed to include the phrase “persons using children to commit offences”, as it was not only adults using children to commit offences, but also other/older children. The directives also refer to the basic principles relating to diversion when dealing with children, diversion of matters at a trial, diversion in terms of serious offences and the different categories of child offenders.
Committee Chairperson Mr Bulelani Magwanishe said the committee today recommended that the Draft Amendments to Directives be approved by the National Assembly.
Rajaa Azzakani
28 February 2024
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