The Portfolio Committee on Justice and Correctional Services today received a briefing on the Child Justice Amendment Bill.
 
Committee Chairperson Ms Madipoane Refiloe Moremadi Mothapo said the purpose of the Bill is to further regulate the minimum age of criminal capacity, amongst other things.
 
“The primary objective of the Child Justice Amendment Bill is to increase the minimum age of criminal capacity of children from 10 to 12 years and to remove the requirement to prove criminal capacity for purposes of diversion and preliminary inquiries,” said Ms Mothapo. Section 7 of the Act currently provides that a child under the age of 10 who commits an offence does not have criminal capacity and cannot be prosecuted. It further state that a child who is 10 or older, but under 14, who commits an office is presumed to lack criminal capacity, unless the state proves beyond reasonable doubt that the child has such criminal capacity.
 
The committee heard that the Bill comes after a report, compiled in consultation with stakeholders, including academia, psychologists, psychiatrists, the judiciary, the National Prosecuting Authority, the Department of Health, Legal Aid South Africa and various civil society organisations specialising in children’s issues.
 
The amendments further give effect to recommendations that diversion be de-linked from the issue of criminal capacity and that criminal capacity only be addressed during plea. The Bill also seeks to amend the section in the Act dealing with children being used by adults to commit crimes. It intends to make provision for instances where young children are used by older children to commit crimes.
 
The committee previously called for written submissions on the Bill. The closing date for such submissions is 2 November 2018. Please indicate your interest in making an oral presentation. Public hearings will be held at Parliament.
 
Submissions and enquiries must be directed to Mr V Ramaano, Portfolio Committee on Justice and Correctional Services, 3rd Floor, 90 Plein Street, Cape Town, 8000 or emailed to vramaano@parliament.gov.za. Copies of the Bill may be obtained from Mr V Ramaano, tel: (021) 403 3820 or 083 709 8427 or www.parliament.gov.za

Issued by The Parliamentary Communication Services On Behalf Of The Chairperson Of The Portfolio Committee On Justice And Correctional Services, Ms Madipoane Refiloe Moremadi Mothapo