Keynote Address by the Deputy Minister of Justice and Constitutional Development, the Hon JH Jeffery, MP, at the Commemoration of Youth Day, held at the Durban Magistrates’ Court, KwaZulu-Natal
Programme Director,
Chief Magistrate Ngubane
Heads of Court, Senior Magistrates and Area Cluster Heads
The Acting Regional Head of the DoJCD
Ladies and gentlemen
The year 2018 marks 100 years since the birth of two of our national icons who dedicated their lives to the struggle for freedom and contributed immensely to the birth of a new South African nation.
We celebrate the birth of the founding father of our democracy Nelson Mandela under the theme: “Be the legacy”. We also celebrate the birth of Mama Albertina Sisulu, one of the shining examples of our struggle who dedicated her life to the service of her people, under the theme: “A Woman of fortitude.”
These celebrations are a major milestone in the incredible stories of both Nelson Mandela and Albertina Sisulu in our nation’s journey to freedom and liberation.
As we celebrate Youth Day on 16 June it is a reminder to all of us that young people in the country were at the forefront of our struggle.
On 13th June 1976, Soweto students met at the Orlando Donaldson Community Hall to discuss ways and means of confronting and challenging the Department of Bantu Education. The students decided to stage a peaceful protest march on 16 June against the introduction of Afrikaans as a medium of instruction. Police blocked the movement of thousands of pupils towards Orlando Stadium and eventually opened fire – hundreds of students lost their lives.
It is important that we remember and honour those who played a role on that fateful day.
Hector Pieterson, age 13, was one the first students to be killed. A photographer, Sam Nzima, took a photograph of a young man, Mbuyiswa Makhubo, carrying the critically injured Hector Pieterson in his arms. This photo became the rallying point for the world’s resistance to apartheid.
There were others who also paid with their lives.
Hastings Ndlovu was a fifteen year old boy who is widely believed to be the first person who was shot dead by police on that day, sustaining an injury to his head from which he died in hospital.
Many of you here today deal with our youth, more specifically with children in conflict with the law.
As you know, the Child Justice Act came into operation in 2010 to establish a child justice system which protects the rights of children who are in conflict with the law, in accordance with the values underpinning the Constitution.
It includes the promotion of the spirit of Ubuntu in the child justice system by fostering children’s sense of dignity and worth, reinforcing children’s respect for human rights and the fundamental freedoms of others by holding children accountable for their actions and safe-guarding the interests of victims and the community.
Reconciliation by means of restorative justice responses is supported and the involvement of parents, families, victims and where appropriate, community members affected by the crime, are encouraged to promote the reintegration of children back into their families and communities.
The implementation of the Act and the monitoring of the progress made towards the implementation of the Act require inter-sectoral cooperation and collaboration from a number of departments and institutions – such as the Department of Justice and Constitutional Development, the National Prosecuting Authority, the South African Police Service, the Department of Correctional Services, the Department of Social Development, the Department of Basic Education and the Department of Health.
Legal Aid SA also plays an essential part in the implementation of the Act through the protection of the rights of children in conflict with the law.
In terms of the Act, there must be a National Policy Framework to ensure a uniform, coordinated and co-operative approach by all government departments, organs of state and institutions and to promote cooperation with the non-governmental sector and civil society to ensure effective partnerships for the strengthening of the child justice system.
The first National Policy Framework was adopted in 2010 and the Act requires that the Minister review the National Policy Framework within 3 years of its publication and at least once every 5 years thereafter.
I am pleased to announce that the Amended National Policy Framework, 2018 was tabled last month - on 28 May - and the publication will be in the Gazette on 27 July 2018.
It includes guidelines for key priority areas such as, amongst others, building capacity in the sector, securing the attendance of children at preliminary inquiries, ensuring the assessment of children, awaiting trial, bail and placement, trials, sentencing and diversion services, as well as guidelines on the management of One Stop Child Justice Centres, child and youth care centres (also referred to as the secure care centres) and correctional facilities accommodating children.
These guidelines will, no doubt, assist in the implementation of the legislation.
We all know the saying that “it takes a village to raise a child.”
It was interesting that when Hillary Clinton used it as a title for her book “It takes a village”, people started asking about the origins of the saying, as it was attributed as being a proverb from Africa. In response to this, Professor Lawrence Mbogoni, who is an African studies professor, wrote:
"Proverb or not, 'It takes a whole village to raise a child' reflects a social reality some of us who grew up in rural areas of Africa can easily relate to. As a child, my conduct was a concern of everybody, not just my parents, especially if it involved misconduct…. The concern, of course was the moral well-being of the community."
In short, what he is saying is that the wellbeing of our children and our youth should be the concern of all of us – as a community, as a society and as a nation.
This is vision that our Constitution shares when it speaks of the best interests of the child being paramount whenever we deal with children.
There are many ways that we can help and empower our children and our youth – whether it’s helping them with their homework, buying a needy child a school uniform or stationery, cultivating a love of learning within them, or simply being there for them and setting an example for them to follow.
Madiba had a vision for our youth, when he said:
“Be the script writers of your destiny and feature yourselves as stars that show the way towards a brighter future.”
It is our responsibility to help our children and our young people achieve this.
We owe it to the Class of ’76 to ensure that our youth succeed.
I thank you.
