bill to protect child delinquents nears finality 
26 June 2008

After almost seven years in the making, the Child Justice Bill entered the home straight.  Now it requires only approval by Parliament’s upper house and the signature of the president to become law.

Children under 10 are presumed to have no criminal capacity. Children under 14 may not be sent to prison.  The idea is that all children in conflict with the law will be assessed, and this will inform the ensuing process. The intention is to avert extended contact with hardened criminals and reduce the rates of recidivism.

Parliament’s justice committee chairman Yunus Carrim, speaking in the second reading debate in the National Assembly, said: “We are excruciatingly aware of the high levels of crime in our country and the capacity of children to commit crime. We are aware too of the public perception that the state is failing dismally to curb crime. “It is precisely these concerns that the bill addresses.

“Of course, it is important to be tough on crime, including crime by children, but this has to be part of a process of preventing and reducing crime over time, and ensuring that children do not constantly reoffend, becoming part of an endless cycle of crime.  “What future has the country otherwise? Clearly, there need to be short, medium and long term programmes, measures and targets as part of an overall, sustainable long-term strategy to reduce crime by children as part of a broader approach to reduce crime generally. This bill has to be located in that context.”

African Christian Democratic Party MP Steve Swart said that the bill provided for diversion to break the cycle of crime but not at the expense of the safety of the community.
Carrim said: “While the committee regrets the delay in finalising the bill, we would like to think the delay served ultimately to produce a better bill.

“Certainly, the bill is the outcome of considerable negotiations among a range of stakeholders, and there is now substantial consensus on its content between Parliament, the executive, NGOs and academic and other experts. “The challenge now is for us all to work together to implement the bill effectively. The committee feels we owe this to the children of our country, and we certainly need to do this to consolidate and advance our democracy.”

The bill will go to the National Council of Provinces for consideration. If that happens it will go to the president to sign.

Wyndham Hartley,  www.businessday.co.za