Issued by: Ministry For Welfare and Population Development
STATEMENT BY WELFARE AND POPULATION DEVELOPMENT MINISTER GERALDINE FRASER-MOLEKETI ON CHILDREN AWAITING TRIAL
9 May 1998
PRETORIA - An estimated 1 200 children over the age of 14 years and under 18 are currently awaiting trial in South African prisons under Section 29 Amendment of the Correctional Services Act. Fifty five percent of these young people have not been charged with serious offences and can be transferred as soon as appropriate welfare programmes or facilities, such as places of safety or foster care facilities are available. The other 45 percent are young people more likely to be transferred to secure care facilities, or other appropriate residential care facilities which will provide the physical containment these young people require.
Section 29 was originally due to fall away on 10 May 1998, making it possible for children awaiting trial in prisons to be transferred on or before that date to various alternative facilities such as secure care or to the care of family.
I want to reiterate that Cabinet remains committed to the view that prisons are not for children! But due to a flaw in the savings clause of Section 29, children will not be transferred out of prisons on 10 May 1998 and nothing will change immediately with regard to the status of children awaiting trial in prisons. However, from 10 May 1998, until such time as children awaiting trial are no longer held in prisons, the Department of Welfare in each province will assume greater responsibility for services and support to these young people.
Project Go is a national "fast tracking" programme, within the broader transformation of the child and youth care system. It has been underway since November 1997 and is aimed at unblocking the residential component, finalising secure care, increasing effective probation services, expediting legal procedures and processes, and assessing the status of each young person awaiting trial or under care/protection and moving young people to communities or more appropriate residential care environments. Every province has an inter-sectoral Go Team, led by Welfare and every province has a fully operational programme at this time.
Over the past 4 months, through the programme of project go, more than two hundred children awaiting trial have been moved out of prisons to residential care facilities, secure care, of their families. The first priority has been to move those young people not charged with serious offences. Transfers are taking place on a daily basis within a carefully managed programme to ensure the safety and well-being of children and to comply with the required legal procedures.
Over the next weeks all young people who are awaiting trial in prisons and police cells and who are not charged with serious offences will be transferred to appropriate programmes and facilities.
Section 29 will be repealed as soon as alternative legislation is in place within the Criminal Procedures Act. Under the new temporary legislation a small group of young people probably between the ages of 15 and 18 who have been charged with the most serious offences, will await trial in prison. As each province is ready with sufficient secure care options, these young people will be transferred to secure care and this new legislation will be repealed in that province.
Because of progress in Project Go, the IMC and the Department of Welfare is confident that this new legislation will not be necessary, or will be immediately repealed in most provinces, such as Western Cape, Free State, Gauteng, Northern Province, and Eastern Cape. We are further confident that the legislation will be repealed within 1998 fro all remaining provinces.