- Info
Juvenile Justice Reforms Pending in South Africa
A bill fostering the inclusion of restorative justice principles and practices for juveniles is still awaiting parliamentary action in South Africa. Originally introduced in 2002, the Child Justice Bill would create a consistent system for responding to youth crime by consolidating current practices and legislation with international standards for the treatment of juvenile offenders.
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
