Programme Director
The Minister of Justice and Constitutional Development and all the
Ministers present
Premier of Gauteng
Deputy Ministers
MECs and Members of the Legislature
Representatives of civil society
Honoured guests
Ladies and gentlemen
On behalf the Ministry for Women, Children and Persons with Disabilities, I would like to express our excitement with the major step that our country is taking today. Today we are putting our criminal justice system in line with the values of our Constitution and the international obligations that South Africa is party to. We have an obligation as government to ensure that the rights of children are protected and I am very much encouraged by the efforts that various government department are making towards the full realisation of rights of children of our country.
Yesterday, I had an honour of joining the Department of Correctional Services in the rolling out of Imbeleko Project. The project aims to protect the rights of babies whose mothers are incarcerated. These are children who have done no wrong but are forced by circumstances to grow up in prison.
South Africa is signatory to the United Nations (UN) Convention on the Rights of the Child which outlines various rights of children which governments around the world have to ensure they are realised.
Article 40 of the UN Convention states that children who are accused of breaking the law have the right to a fair treatment in a justice system that respects their rights. Governments are required to set a minimum age below which children cannot be held criminally responsible. Governments are further required to provide minimum guarantees for the fairness and quick resolution of judicial or alternative proceedings.
The Act we are launching today puts South Africa in line with this UN Convention. Furthermore, Article 37 prohibits punishment that is cruel or harmful to children. For instance, it states that children should not be put in prison with adults and should not be sentenced to death or life imprisonment without possibility of release.
The diversion of minor offences and restorative justice approach taken by the Child Justice Act provides a better option for dealing with children in conflict with the law and is in line with the spirit of Article 37 of the UN Convention.
International experience suggests that diversion can prevent stigmatisation and lead to good outcomes for children and public safety. Restorative justice options have also proven to be more effective that “retributive” approaches, which are concerned purely with punishing the offender.
In our work as the Ministry for Women, Children and Persons with Disabilities, we are emphasising to children that rights come with some level of responsibility. I am glad that while this Act protects the rights of children, it also holds child offenders accountable for their actions and aims to prevent them from committing further offences.
We believe as the Ministry that this approach will contribute to safer communities, and encourage children to become law-abiding and productive adults. I am sure that as we compile the country report to the United Nations on the implementation of the Convention on the Rights of the Child, the step we are taking today will be recorded as the major milestone that South Africa has taken towards the full realisation of rights of children.
Thank you for your attention.
Message of Support by the Minister for Women, Children and Persons with Disabilities Noluthando Mayende-Sibiya at the Launch of Child Justice Act
