1

Briefing to Portfolio Committee on Women, Youth, Children and

People with Disabilities: Policies and programs: Child

protection

Department of Justice and

Constitutional Development:

2 September 2009

2

DoJCD MTSF Key Performance Indictors to protect the rights of

children: Strategic objective 14: Promote and protect the

rights of children:– Co-ordinate the implementation of Chapter 4 of

Children’s Act, 2005 (Act No 38 of 2005);– Draft National Policy Framework on Child Justice

and avail it for comments;– Increase number of children diverted from the

formal justice system by 10%.

Strategic objective 15: Restorative Justice:– Ensure draft Restorative Justice Strategy is

available for comment to ensure effective management;

– Co-ordinate the development of Restorative Justice and programs in civil and criminal stream.

3

DoJCD MTSF Key Performance Indictors to protect the rights of

children: Strategic objective 17: Manage Sexual Offences, Domestic

Violence and Maintenance cases:• Co-ordinate the implementation of the sexual offences

legislation;• Draft policy on integrating sexual offences courts into the

mainstream courts;• Implement National Policy Framework on Sexual Offences;• Support establishment and management of the National

Register for Sex Offenders;• Improve services on domestic violence matters;• Develop policy and implementation framework on the

Victim’s Charter;• Develop policy and co-ordinate implementation of the

framework for the Human Trafficking Bill.

Strategic objective 18: Provide adequate Family Law services to protect the interest of children:• Finalise 50% of all cases handled by the Family Advocate

within six months.

4

Co-ordination of Implementation of Legislation:

Department is lead in the JCPS Cluster in the co-ordination of the implementation of the following legislation and drafting, implementing and monitoring the following policies:• Child Justice Act, 2008 (Act No 75 of 2008),

through the Intersectoral Child Justice Steering Committee (ISCCJ);

• Criminal Law Amendment (Sexual Offences and Related Matters Act), 2007, through the Intersectoral Committee on Sexual Offences;

• Restorative Justice Policy Framework, through the Restorative Justice Task Team;

5

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.• National Policy Framework may be tabled by

December 2009.• Annual Report submitted in 2011• Five year review in 2015

6

Unique features of the Child Justice Act

Principles Holistic, restorative Child Centred accountability Monitoring and Evaluation

• Oversight• Training• Review

Operational system on date of implementation

7

Present oversight Committees

National Intersectoral Child Justice Steering Committee (ISCCJ).

Child Justice Act, 2008, now provides mandate for ISCCJ on DG’s level.

Consists of various Government Departments concerned, and includes Lower Court Management Committee of the Judiciary and Legal Aid SA.

Also meets on regular basis with NGO’s (Child Justice Alliance); universities and Chapter Nine 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 and who reports on a monthly basis to the ISCCJ.

8

Implementation: Child Justice Act

Training Child / Youth Care /One Stop Centres

• NW• KZN

Diversion Policy National Policy Framework Indicators Integrated Case Management Systems

(ICMS) Integrated Justice System Regulations

9

Overview of impact of work of ISCCJ:

Diversion Have increased the numbers of children diverted from

the criminal justice system:• During 2008/09, 17 628 children were diverted

Home-based supervision

Non-Custodial Sanctions Have decreased sentenced children in detention by

50% NICRO non-custodial programme 107 children were

sentenced to non-custodial sanctions

Referrals to Children’s Court Inquiries

Legal Representation

10

Children’s Act, 2005 (Act No 38 of 2005) and Children’s Amendment

Act, 2007 (Act No 41 of 2007) Background:

Children’s Act Steering Committee chaired by DSD, since 2005/06, which will now form part of the National Child Care and Protection Committee, chaired by DSD.

DoJCD established Children’s Act Working Group, since 2006/07, to plan for, implement and monitor impact of Act in Courts.

146 Children’s clerks currently with an additional 120 clerks to be appointed during 08/09

Infrastructure in place

11

Implementation of Criminal Law Amendment (Sexual Offences and

Related Matters) Act, 2007:• Inter-sectoral Committee on Sexual Offences

• National Policy Framework on Sexual Offences

• Intermediaries

• Specialisation of Services

• Training

• National Register for Sex Offenders:– Current convictions– Historical convictions– Vetting procedures and clearance certificates

12

Implementation of Domestic Violence Act, 1998 (Act No 99 of

1998):• Launched Domestic Guidelines for Judiciary

during 2008, drafted by Lower Court Management Committee (LCMC) and supported by DoJCD

• Projects in collaboration with National Prosecution Authority:– Ndabezitha Project, to train traditional leaders and

clerks of the court

• Research: 10 year review of implementation of Domestic Violence Act, 1998

• Policy considerations– Change management– Intersectoral social context training– Closer intersectoral management and co-ordination

13

Implementation of Domestic Violence Act, 1998 (Act No 99 of

1998), continued:• Operational/ practical challenges identified:

– Service of processes – Filing and tracking systems – Referral and support systems

• Support structure for Victim Empowerment Program:• Interim housing – discussions with Department of

Human Settlements;• Counselling and social assistance – Department of

Social Development;• Medical and psychological assistance and support –

Department of Health;• Co-ordination with NGO service providers.Proposed Domestic Violence Task Team.

• National Policy Framework for Domestic Violence.

14

QUESTIONS ?

Thank you.