the rehabilitation and reintegration of the child. The advantage of referring a convicted juvenile to the Children’s Court is that “the conviction shall not, for the purposes of any enactment, be regarded as a conviction.” 28 Order that the child shall render service for the benefit of the community; or Ÿ Upon being satisfied that a training institute will accept the child, order that the child be placed in a named training institute.31 Section 4(6), (7) and (8) of the Children’s Act provides for the use of Public Prosecutors as Children’s Court assistants. It further provides for the appointment of Probation Officers for the Children’s Court. 29 If a juvenile offender is ordered to be taken before a Children’s Court or the court disposes of him or her in terms of s 351(2)(b) of the Act, the conviction shall not, for the purposes of any enactment, be regarded as a conviction. If, however, such person is convicted on a second or subsequent occasion before he or she attains the age of eighteen years it shall be lawful to prove that earlier conviction as a conviction. Where a child is placed in the custody of a parent or guardian, foster care of any named suitable person or where the child resides in a named place the court may also order the child to be under the supervision of a Probation Officer for a period not exceeding 3 years.32 These provisions, could work towards the rehabilitation and reintegration of children in conflict with the law for they seek to avoid the imprisonment of children. Ÿ The CPE Act also empowers a court to impose a fine and community service upon a convicted child. 33 Community service can be useful in rehabilitating the child offender. The Children’s Act details the manner in which children referred to the Children’s Court by a criminal court which has convicted them are dealt with in the Children’s Court. The Children’s Court will hold an inquiry in the presence or absence of the child and “shall, wherever it is possible and appropriate to do so, seek the opinion of the [child].” 30 There are various orders which the Children’s Court can opt for after holding the inquiry. The Court can: The CPE Act is also relevant in child justice in that it empowers the courts to postpone the passing of sentence and to suspend the operation of the sentence passed.34Both options can give a child the chance to reform. Lastly, the CPE Act allows the court to “discharge the offender with a caution or reprimand.” 35 This should be used to deal with children, especially where they commit minor offences. Upon being satisfied that a certified institution will accept the child, order that the child shall be placed in a named certified institution; Ÿ Order that the child shall be placed in, returned to or remain for foster care in the custody of any named suitable person; Ÿ Order that the child be placed in, returned to or remain in the custody of his or her parent or guardian; Ÿ Order that the child shall reside in a place determined by the court; If a juvenile offender is ordered to be taken before a Children’s Court or the court disposes of him or her in terms of s 351(2)(b) of the Act, the conviction shall not, for the purposes of any enactment, be regarded as a conviction. Ÿ 28. Section 351(7) of the CPEA. 29. Section 4 (2a) of the Children’s Act. 30. Section 19(2) of the Children’s Act. 31. Section 20(1)(b) of the Children’s Act 32. Section 20(2) of the Children’s Act 33. Section 336 of the CPEA. 34. Section 358 of the CPEA. 35. Section 358 of the CPEA. 13 ‘Hear them Cry ’ – An Analysis of State Violence Against Children During the January 2019 Protests

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