ABSTRACT
South Africa does not currently have a separate statute which deals with children accused of crimes. The Child Justice Bill, when enacted, will be the first such law in the country. The law making process began when the Minister of Justice requested the South African Law Commission to include an investigation into juvenile justice in its programme. A project committee was set up which commenced its work in 1997 and a discussion paper with a draft bill was published in 1998. The final report of the commission, comprising the Child Justice Bill, was completed and released as a public document in August 2000. 1 The Child Justice Bill, includes the following as part of the objectives clause:
The objectives of the Act are to promote ubuntu in the child justice system through –
fostering of children’s sense of dignity and worth;
reinforcing children’s respect for human rights and the fundamental freedoms of others by a holding children accountable for their actions and safe-guarding the interests of victims and by means of a restorative justice response; and supporting reconciliation by means of a restorative justice response;
supporting reconciliation by means of restorative justice response; and
involving parents, families, victims and communities in child justice processes in order to encourage the reintegration of children who are subject to the provisions of the Act.
