Among the bill’s objectives is to incorporate the African concept of ubuntu in the juvenile justice system. The idea of ubuntu encompasses issues of human dignity and respect with the understanding that an individual’s humanity is wrapped up in the dignity and humanity of others. Within this objective, principles resonating with restorative justice are articulated:

• Reinforcing children’s respect for human rights and the fundamental freedoms of others by holding children accountable for their actions and safe-guarding the interests of victims and the community

• Supporting reconciliation by means of a restorative justice response

• Involving parents, families, victims, and communities in child justice processes in order to encourage the reintegration of children who are subject to the provisions of this Act 

In light of this emphasis on ubuntu and an understanding of the harmful impact of imprisonment, the Child Justice Bill is heavily weighted toward diversion. This includes the use victim offender mediation and family group conferences among options for removing children from the court process.  Currently, these practices as well as other diversion options are used in South Africa; however, the lack of legislative recognition results in inconsistent use.  

While diversion is a major feature of the bill, there are provisions for responding to crimes in court. Restorative process and community based systems are among the options available to sentencing judges thereby allowing children who have gone through the court process the benefits of a restorative process.  

The Child Justice Bill developed through a lengthy process started in 1997 when the Law Reform Commission published an issue paper asking for comment on a broad range of juvenile justice issues. This process resulted in a 1998 discussion paper and focus group meeting, and included an opportunity for children to comment on the provisions. A final report, issued in 2000, included cost implications and a draft of the Child Justice. The bill was first introduced to parliament in August 2002. 

Written submissions on the bill were accepted in October of 2002.  In 2003, the Portfolio Committee on Justice and Constitutional Development held public hearings on the Child Justice Bill. They solicited written comment from several NGOs working in the area of juvenile justice and asked different affected governmental departments to comment. Deliberations in the committee followed leading to two subsequent redrafts. Unfortunately, the Child Justice Bill was among several that parliament did not act on before year’s end. It is hoped that the bill will be approved this year.

 
May 2004