Joint Justice Committees want consultation on age of criminal capacity
A joint meeting of the Portfolio Committee on Justice and Correctional Services and the Select Committee on Security and Justice today received a briefing on the report of the review of the age of criminal capacity.
The report recommends that the minimum age of criminal capacity be raised from 10 to 12. This must be done with the rebuttable presumption for children age 12 or older, but under the age of 14, where the state must prove that children in this age group have criminal capacity.
The Committees were adamant that greater consultation was needed before a Bill to this effect was developed. “We need greater consultation with ordinary people, not the experts,” said Portfolio Committee Chairperson Dr Mathole Motshekga.
Dr Motshekga made it clear that the needs and development of the “African” child need to be taken into account and not a Eurocentric approach.
The report further recommended that the Act be amended to remove the requirement of establishing the criminal capacity of children 12 years or older, but under 14, for purposes of diversion. The prosecutor and magistrate will consider and be satisfied that the child’s educational and maturity levels are such that he or she will understand and benefit from diversion before this is decided upon by the court.
The report also recommends that a section of the Act be amended and retained to provide for another review of the minimum age of criminal capacity within 10 years.
The Committee heard there is a shortage of skills resources, such as psychologists, psychiatrists and social workers, to conduct evaluations. There are also challenges with the forensic mental health assessment of criminal capacity in children, with different standards being uses to make assessments.
Both Committees thanked the presenters for the report, but indicated the gaps highlighted will need to be address before the process can go any further.
For media enquiries or interviews with the Chairperson, please contact:
Rajaa Azzakani
Tel: 021 403 8437
Cell: 082 5609610
E-mail: razzakani@parliament.gov.za
