Secretariat of National ISCCJ; and

1. Presentation to Portfolio Committee on Justice and Constitutional Development: Progress report on implementation of Child Justice Act, 2008 (Act No 75 of 2008): National Department of Justice and Constitutional Development Secretariat of National ISCCJ; and Chief Directorate: Promotion of the Rights of Vulnerable Persons: February 2010

2. Implementation of Child Justice Act, 2008 (Act No 75 of 2008) The Child Justice Act No 75 of 2008, passed:- • By Parliament on the 21st November 2008. • The Act was signed by the President on the 7th May 2009. • The Act will come into operation on 1st April 2010. • All regulations must be tabled by December 2009: • Signed by the Hon Minister for Justice and Constitutional Development; during January 2010; • For tabling in Parliament. • The National Policy Framework will be tabled by June 2010.

3. Plans for implementation of the Child Justice Act, 2008:

4. Plans for implementation: DoJ+CD, continued:

5. Plans for implementation: DoJ+CD, continued:

6. Plans for implementation in collaboration with the Department of Social Development:

7. Plans for implementation in collaboration with the National Prosecution Authority:

8. Plans for implementation in collaboration with Legal Aid, South Africa:

9. Plans for implementation in collaboration with SAPS:

10. Plans for implementation, in collaboration with the Department of Education:

11. Progress with implementation of Child Justice Act, 2008: • Development of National Policy Framework: • First draft was available by last week of January 2010, for consultations with ISCCJ-members; • ISCCJ sub-task team will finalise 2nd draft by March 2010; • NGO’s and civil society will be consulted; • Draft will be submitted to DG’s ISCCJ and there-after tabled in Parliament. • Research and develop various policies required within the NPF: • Various policies being drafted and consulted upon, inter alia: • Guidelines on One Stop Child Justice Centres, being finalised – DoJ + CD; • Accreditation Framework for Diversion Service Providers and Diversion Programs – DSD. • Develop and table regulations: • Draft regulations circulated for comment during September 2009; • Were extensively discussed at ISCCJ-meeting of November 2009. • Ensure processes are under-way for Human Resources and infrastructure requirements: • Audits for both HR-needs and infrastructure needs, being updated; • Two existing One Stop Child Justice Centres in Mangaung, Bloemfontein; and Nerina, Port Elizabeth; • Challenge: Lack of enough budgets for all Departments’ needs in this regard.

12. Progress with implementation of Child Justice Act, continued: • Development of training material: • Child Justice Reference Group established during 2008/09; • Training manual developed and circulated to all Departments and provinces for comment; • Regulations will be included, once finalised; • Training workshops taking place in provinces during November 2009 to March 2010; • 5 provinces already trained. • Co-ordination of ISCCJ: • Continues on monthly basis; • Reports on monthly basis to DevComm and JCPS Cluster; • Have requested DG: DoJ+CD, to indicate when she would want the first DG’s ISCCJ-meeting to take place, to consider the draft Child Justice National Policy Framework.

13. Functions of the ISCCJ: • The functions of the Inter-Sectoral Child Justice Steering Committee (ISCCJ) (once the NPF has been drafted) and specified in Section 96(1) include: • monitoring the implementation of the national policy framework and this Act; and • the establishment of an integrated information management system to enable effective monitoring, analysis of trends and interventions, • to map the flow of children through the child justice system and to provide quantitative and qualitative data relating, among others, to arrest or methods of securing attendance at criminal proceedings; • assessment; • preliminary inquiries; • diversion; • children awaiting trial; • bail and placement; • trials; • sentencing; • appeals and reviews; • sexual offences committed by children; • children who lack criminal capacity as provided for in section 7(1); and • any other relevant factor.

14. Present oversight Committees • National Intersectoral Child Justice Steering Committee (ISCCJ). • Child Justice Act, 2008, now provides mandate for ISCCJ on DG’s level, to meet on a bi-annual basis and report to Minister of Justice and Constitutional Development within 30 days. • Present Government Departments’ ISCCJ on Chief Director and Director-level, to support DG’s ISCCJ (policy and strategic recommendations). • Consists of various Government Departments concerned, and includes Lower Court Management Committee of the Judiciary and Legal Aid SA. • ISCCJ also meets on regular basis with NGO’s; universities and Chapter 9-institutions; the National House of Traditional Leaders and the Judicial Inspectorate of Prisons. • Supported by nine (9) Provincial Child Justice Fora, chaired by the Regional Heads of the DoJCD in each province, who reports on a monthly basis to the ISCCJ.

15. Progress, continued: • Information Management: • Information management of various departments, still manual and received on monthly basis; • IJS working upon holistic Information Management System; • Snapshot on existing circumstances, developed by IJS, to be completed by Provincial Child Justice Fora and relevant Government Departments; • To be linked with indicators to be included into NPF; • To be linked to 4 Registers being developed: • Register for children younger than 10 years of age; • Register for children who have been diverted; • Register for children detained in police custody; • Register for children who have suffered injury or trauma in police custody. • Communications – public awareness: • Simplified version of Child Justice Act in process of being developed; • As well as branding, pamphlets, posters, CD’s and media campaigns; • To be sent out to various Departments and provinces by March 2010; • Launch of Act on 1st April 2010, planned.

16. Challenges: • Inadequate budget allocations. • Cluster budget bids made in both 2008/09 and 2009/10. • No Cluster budget received for 2009/10 – Departments had to reprioritise from Departmental funds. • For 2010/11, the Cluster requested R660,961,799.00, for all Departments involved; and R124,689,590 for the DoJCD. • For 2010/11, the JCPS Cluster received R30 million, for implementation purposes of the DoJCD, NPA and LASA, which will be divided equally between the 3 Units. • Concern – other Departments such as DSD and DCS made their own bids, but received no additional Cluster budgets. • The primary areas affected include: • One Stop Child Justice Centres require both ongoing and capital expenditure and current budgets do not allow for the establishment of further centres as described in the Act. • Diversion of child offenders requires the provision of diversion services and this requires a substantial additional budget especially in under-resourced rural areas. • Implementation of the Act requires a substantial paradigm shift in both the Judiciary and personnel within the system; this requires a substantial training budget which is not covered in existing departmental operational budgets. • Additional staff will be required by almost every department to provide for the additional functions and increased service levels demanded by the Act.

17. Challenges, continued: • Transport of children: • To be included into draft policy national instructions of SAPS to de developed and tabled in Parliament by 31st March 2010; and • Link with implementation of Children’s Act, 2005 (Act No 38 of 2005), relating to DSD’s transport-responsibilities. • Management of information and the linkages between the Registers. • Appointment of independent observers – is DoJCD to pay observers’ travelling costs to be able to come to court? • Regulations and SAPS’ decision to draft own forms regarding summonses and arrests. • Draft Government Notice regarding professionals whom will be able to investigate the criminal capacity of children: payment of expert witness’ fees, if Department of Health cannot assist. • Imperative to implement Children’s Act, 2005, to support implementation of Child Justice Act, 2008 – • Main responsibility: DSD; • Challenges regarding implementation of the Act.

18. Further recommendations and challenges: • Suggest requesting Departments for their own progress reports on readiness for implementation of Child Justice Act, 2008: • South African Police Service: • National instructions in terms of section 97(5) of Child Justice Act, 2008; • Registers for children detained in police cells; • Reports of traumatised and injured children in police cells; • Transport of children; • Forms relating to summonses and arrest of children; • Training of police officials. • Department of Social Development: • Development of Diversion Accreditation Framework; • Diversion programs and service providers; • Probation Officers and Assistant Probation Officers; • Register of diverted children; • Register of children younger than 10 years of age.

19. Recommendations, continued: • National Director of Public Prosecutions: • Directives in terms of section 97(4) of Child Justice Act, 2008. • Department of Education: • Educational programs. • Department of Health: • Mental and physical health; • Criminal capacity of children. • Department of Home Affairs: • Children’s ages and documentation. • Legal Aid SA: • Children’s attorneys.

20. QUESTIONS ?Thank you.