Child Justice Act 75 of 2008
The Child Justice Act establishes a separate child justice system for children in conflict with the law. Enacted in 2008 and fully operational from 2010, it introduces diversion programmes, prescribes the procedures for child justice courts, and provides for the use of preliminary inquiries to divert children away from the formal criminal justice system.
Legal area: Law specifically protecting the rights and welfare of children.
Year enacted: 2008
Full text: https://www.gov.za/documents/south-africa-child-justice-act-75-of-2008
Key Provisions
- Section 2: Minimum age of criminal capacity set at 10 years
- Section 5: Presumption of criminal capacity for children aged 10-14
- Section 8: Mandatory diversion for children where possible
- Section 11: Diversion programmes and community-based sentences
- Section 21: Child justice court procedures
- Section 50: Sentencing principles for children, prioritizing rehabilitation
Significance
The Child Justice Act was a landmark statute aligning South African juvenile justice with international standards, particularly the UN Convention on the Rights of the Child. It moved South Africa away from an exclusively punitive approach toward a restorative justice model for children.