The National Director of Public Prosecutions (NDPP), Adv Menzi Simelane has decided to withdraw the charges against three learners of Jules High School after they successfully completed the diversion programme.
The learners had been charged with contravention of Sexual Offences and Related Matters Act 32 of 2007 which makes it a criminal offence for any person to engage in consensual sexual penetration with a child. The Act further stipulates that once the NDPP has authorised such prosecution, both children must be charged with contravention of the relevant section.
In all of this, the children or learners should be dealt with in accordance with the provisions of the Child Justice Act.
The NDPP was furnished with three reports from the Teddy Bear Clinic where the pupils were attending the diversion programme. All these reports indicate that they have successfully completed the programme and have shown change in behaviour.
Indications are that they have shown remorse and took full responsibility for their actions by attending and completing the programme. We are confident that through the programme, we have managed to address their criminal behaviour by giving them an opportunity to readdress their lives.
A diversion programme has always been meant to steer young offenders away from the criminal justice system. It forms part of the prosecution but leaves the young offender without a previous conviction. We hope that all learners and children have learnt from this case that law enforcement and the National Prosecuting Authority (NPA) will act decisively against all child offenders with similar conduct.
However we have noted with concern that this problem seems to be continuing unabated as we continue to receive similar cases and the common denominator is alcohol and unprotected sexual intercourse. The NDPP is therefore making a clarion call to all members of the community including parents and teachers to monitor the behavioural trends of pupils and children in general as the NPA cannot deal with this scourge alone.
Enquiries:
Adv Mthunzi Mhaga
NPA Spokesperson
Cell: 072 198 6863
E-mail: mcmhaga@npa.gov.za
