launch of the Minimum Norms and Standards booklet on Diversion in
Bloemfontein
13 July 2007
Distinguished Premier and speaker of the Province,
Mayors and leaders in our system of local government,
Members of the Executive Council of the state organs supporting our
constitutional democracy,
Our honoured traditional leaders,
Director-Generals and other leaders of the public service,
Distinguished guests, friends and comrades,
People of South Africa
Thank you for this opportunity afforded to me to come and address this
important gathering on celebrating another milestone in our young democracy of
developing a book on Minimum Norms and Standards on Diversion, which is a
critical area in child justice system. In the dawn of our democracy, under the
leadership of President Nelson Mandela South Africa joined other progressive
nations by ratifying the United Nations Convention on the Rights of the Child.
I'd like to borrow from the words of the former President of our democratic
country's State of the Nation Address, President NR Mandela at the house of
parliament in 24 May 1994: I quote
"I would now like to say that the Government will, as a matter of urgency,
attend to the tragic and complex question of children and juveniles in
detention and prison. The basic principle from which we will proceed from now
onwards is that we must rescue the children of the nation and ensure that the
system of criminal justice must be the very last resort in the case of juvenile
offenders. I have therefore issued instruction to the departments concerned, as
a matter of urgency, to work out the necessary guidelines which will enable us
to empty our prisons of children and to place them in suitable alternative
care." Close quote.
Former President Mandela's words are echoed in the provisions of article 40
of this United Nations (UN) Convention on the Rights of the Child and section
28 (1) (g) of the Constitution of the Republic of South Africa which states
that "children accused of committing crimes are entitled to be treated in a
manner that promotes their sense of dignity and worth, and encourages in them a
respect for the rights of others."
It further states that "children have the right not to be detained except as
a measure of last resort and then for the shortest appropriate period of time,
separate from adults and in conditions that take into account their ages."
In the meantime new legislation has been developed and I am glad to say that
we are beginning to see progress in our fight to reduce the numbers of children
at risk and in conflict with the law. To mention but the few of the pieces of
legislation that mandates the Department of Social Development and the Justice
Crime Prevention and Security (JCPS) partners to render services are the
following: the Probation Services Act (Act 116 of 1991) as amended, the Child
Care Act of 1983, Correctional Services Amendment Act (Act 17 of 1994), the
Criminal Procedure Act, Act 51 of 1977 the Child Justice Bill and above all
Section 28 of the Constitution of Republic of South Africa. The Children's Act
of 2005 is at the finalisation stage with the Portfolio Committee.
The Child Justice Bill requires the Department of Social Development to
execute the bulk of the work in the child justice system and promotes new
integrated approaches to implement the changes that must replace old fragmented
practices that do not address challenges that we are currently faced with, to
meet the needs of children. It further proposes that Social Development's
responsibilities should include amongst others the following:
Probation services, provision of diversion programmes, home based
supervision, provision of non-custodial alternatives to imprisonment, increase
in the number of personnel (probation and assistant probation officers) and
ensuring sufficient secure care facilities to accommodate children awaiting
trial.
Ladies and gentleman the government issued a document called the National
Interim Protocol for the Management of Children Awaiting Trial in June 2001.
This is an inter-sectoral document which clearly sets out procedures that are
to be followed after the arrest of a child, and places emphasis on measures to
get children released into the care of a parent or guardian, failing which, to
have them placed into the least restrictive residential option available.
The Mangaung One Stop Youth Justice centre which began operating in May 2002
is an example of such an initiative. All young people who are arrested around
the Motheo magisterial district are brought to the centre where their matters
are dealt with by a multidisciplinary team including representatives of the
Departments of Social Development, Justice, South African Police Service, Legal
Aid Board representative and non-governmental organisation (NGO) officials
contracted by the Department to render diversion programmes. The Intersectoral
Child Justice stakeholders are advocating for the duplication of these centres
in all provinces where there is a need.
This approach to children in trouble with the law, places the child at the
centre of proceedings, and ensures that their matters are dealt with
sensitively, effectively and with the least possible delays. It prevents
children awaiting trial, and those convicted, from being held together with
adult criminals. The system emphasises the principle of participation and
family unification, especially through family group conferences, and the
overall emphasis on family reunification. The emphasis is that a strong or
strengthened family unit is the primary socialisation agent and the environment
most suitable to child rearing.
It further stresses the importance of restorative justice concepts such as
accountability, reconciliation, and the involvement of victims, families and
communities. Operating on a 24 hour basis, the Centre alleviates the strain on
the courts and places of detention, and provides a rights-based system for
children in trouble with the law. The Child Justice Bill makes provision for
the protection of children through introducing different levels of intervention
which are also linked to the department's service delivery model.
Ladies and gentleman, prevention is the primary level of intervention. It is
aimed at strengthening and building capacity and self reliance of a child
within the family, by providing public education and awareness campaigns,
strengthen community-based responses and family preservation programmes. As
means of prevention and ensuring that children remain in school. The Department
of Social Development is making social grants are accessible to all those who
qualify. Also the introduction of the Expanded Public Works Programme (EPWP) as
one of government's poverty alleviation programmes, which targets unemployed
young people and their parents. This is to create jobs, with a career path and
reduce unemployment in the long term whilst improving the quality of
services.
The next level is early intervention. Services delivered at this level make
use of developmental and therapeutic programmes to ensure children who have
been identified as being at risk are assisted before they require statutory
services which is more intensive.
The recognition of the importance of prevention and early intervention
services as in the provision of diversion programmes is very critical because
the root cause of the problem can be detected early and dealt with immediately,
resulting in children staying with their families, within their own
communities. Secondly it saves state resources which can be used to enhance
service delivery to children.
Ladies and gentleman this is the first time that this country celebrates a
book on Norms and Standards for Diversion programmes. Diversion is the
channelling of children away from the formal court system into reintegrative
programmes. If a child acknowledges responsibility for the wrongdoing he or she
can be 'diverted' to such a programme, thereby avoiding the stigmatising and
even brutalising effects of the criminal justice system. It is recorded that
during 2006/07 financial year till May 2007 a total of 21 882 children were
placed in diversion programmes.
Diversion programmes are aimed at educating children to be responsible for
their actions and how to avoid getting into trouble again. It also provides
them with an opportunity not to have a criminal record. Diversion is practised
in South Africa although the current law does not specifically provide for it.
National Institute for Crime Prevention and the Reintegration of Offenders
(Nicro) piloted diversion of young offenders in 1992, with the co-operation of
public prosecutors and probation officers. The Department of Social Development
commissioned Nicro to develop norms and standards on how diversion services
should be rendered.
Today as we launch this booklet on minimum norms and standards which will
pave a clear way of uniformity and or standardisation on how service providers
should deliver services on diversion, one has to acknowledge the role played by
all the stakeholders who selflessly gave their time and efforts to ensure that
services to young people accused of committing offences are dealt with
sensitively, effectively and with the least possible delays, and are treated in
a manner that promotes their sense of dignity and worth and encourages in them
a respect for the rights of others.
These standards provide opportunities to smaller and medium sized
organisations such as the Community Based Organisations (CBOs), Faith Based
Organisations (FBOs) who were being overlooked previously. This restores the
culture of 'ubuntu' where communities rightfully take back the responsibility
of preventing crime and providing culturally sensitive intervention strategies.
These standards further provide the Department of Social Development with an
opportunity to effectively monitor, evaluate and ensure accountability by
service providers.
In addition to the provision of norms and standards for diversion the
Department is also increasing the number of beds available in residential
facilities, building new Secure Care facilities for those children, who due to
certain circumstances cannot be placed on diversion programmes. The Bloem
Secure Care Centre which we as the country are launching and celebrating today
is the culmination of the hard work emanating from the One Stop Child Justice
Centre which is also commemorating its fifth anniversary this year.
In addition to increasing the number of beds available in residential
facilities, the Department of Social Development is committed to providing
community based alternatives to pre-trial detention. The Department, in
partnership with the Western Cape Provincial Department, started a home based
supervision project during September 1998.This then led to the partnership
between Social Development, the Royal Netherlands Embassy, and Umsobomvu Youth
Fund implementing the National Youth Service programme where unemployed young
people were recruited as Volunteer Assistant Probation Officers rendering Home
Based Supervision Programme.
Within the Home Based Supervision Programme the arrested child is placed in
the care of his or her parents under the supervision of a probation officer.
The child is then monitored by an assistant probation officer. It is recorded
that during 2006/07 financial year till May 2007 a total of 1 986 children were
in this programme. This means that these children could have been in prison
awaiting trial for up to a year or longer, their young lives totally disrupted
and their schooling interrupted, only to have the charges ultimately withdrawn.
It is also noted that such programmes are highly cost effective when compared
with the expensive option of residential care.
To dispel the notion and myth that the government is just releasing children
accused of committing crimes back into the communities which are not ready to
accept them back, today I want to reassure and affirm to you that all those
released and placed into parental custody have undergone a thorough
developmental assessment by a multidisciplinary team including representatives
of the departments of Social Development, Justice, South African Police
Service, Legal Aid Board and non governmental organisations in the child
justice system. These children are found not to be a threat and danger to
society and therefore don't warrant and justify their detention in prison and
police cells.
In conclusion government acknowledges the role of civil society
organisations like Nicro and community based organisations in providing
services to children in conflict with the law, and the Minister and I are
advocating for adequate resource allocation for expansion of such services.
Collaboration, sharing of best practices, streamlining and integration of
services whilst strengthening community initiatives to care and protect
children is the key to reducing numbers of children who end up as victims in
the child justice system. Government has been structured to do this through
clusters and the department has several structures that are intersectoral
structures that include civil society organisations.
I thank you
Issued by: Department of Social Development
13 July 2007
