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
Select target paragraph3
Add to table of contents