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Child Justice

Preliminary Inquiry & Diversion / Sentencing Options / Courts & Process / Policy & Legislation / Forms & Gazette Notices / Reports & Documents / Expungement of Criminal Records & Contacts

Booklet Cover

Prior to 1 April 2010, children who committed crime were dealt with, in terms of the Criminal Procedure Act, 1977 (Act 51 of 1977) which also deals with adults who commit crime. The aim of the CJA is to set up a child justice system for children in confl ict with the law. This means that children under the age of 18, who are suspected to have committed crime, will not be dealt with in terms of the normal criminal procedure which is used for adults, but the child justice process will be followed.

The Child Justice Act seeks to ensure that child justice matters are managed in a rights-based manner and to assist children suspected of committing crime to turn their lives around and become productive members of society through restorative justice measures, diversions and other alternative sentencing options, where appropriate.

The Child Justice Act provides for three different categories of offences:

  • Minor offences include theft of property worth not more than R2500, malicious damage to property that is not more than R1500 and common assault.
  • More serious offences include theft of property worth more than R2500; robbery; assault that includes causing grievous bodily harm; public violence; culpable homicide; and arson.
  • The most serious offences include, robbery with aggravating circumstances, rape, murder and kidnapping amongst others.

AGE GROUPS COVERED BY THE ACT

According to the CJA, a child is someone who is under the age of 18. The CJA is specifically intended for children between the ages 12 and 18. The CJA states that:

  • A child under the age of 12 years cannot be arrested! This means that a child under 12 years does not have criminal capacity and cannot be charged or arrested for an offence. In such a case, the child will be referred to the Children’s Court.
  • A child older than 12 years but below the ages of 14 years is presumed to lack criminal capacity and may be arrested, but the State msut prove criminal capacity.
  • A child above 14, but under 18 years of age, is said to have criminal capacity and may be arrested and prosecuted and diverted at the discretion of the prosecutor.

CJ Ages

Follow this link to read the booklet, leaflet, to view the poster or the wall chart.

Transport Guidelines for the Transportation of Children in Conflict with the Law, 2026

Transport Guidelines for the Transportation of Children in Conflict with the Law, 2026Section 33(2)(c) of the Act provides that where a child is transported to or from a preliminary inquiry or child justice court, the child must be transported separately from adults: Provided that where it is not possible to comply, the police official must, within 48 hours, submit a prescribed written report to the presiding officer, furnishing reasons for such non-compliance. In order to ensure clarity on the transportation of children in conflict with the law, these Guidelines set out the circumstances in which departments will be responsible to deal with this aspect.

Every department involved in the child justice environment has particular responsibilities relating to the transportation for such children which it is responsible to perform their respective responsibilities in accordance with guidelines.

The implementation, monitoring and evaluation of the Transport Guidelines will be conducted by the Intersectoral Committee for Child Justice established in terms of section 94 of the Child Justice Act, 2008.

The South African Police Service is the first point of contact between a child in conflict with the law and the criminal justice system. Therefore, police officials play a central role to ensure that the child is treated in a manner that is consistent with the Act. As a result, police officials have a wide range of responsibilities to ensure compliance with the Act.

The Department of Social Development is responsible for the transportation of a sentenced child offender who is detained in a Child and Youth Care Centre to a medical facility, hospital, education centre, diversion programme or to attend a funeral in terms of the Departmental Policies.

The Department of Correctional Services is responsible for the transportation of children in conflict with the law who are to be detained in a Correctional Facility, transportation of remand detainees from the Remand Detention Facility to public/ private health care facilities, when necessary and transportation of remand detainees and/or sentenced children to the nearest taxi, bus or train station upon legal release from custody, where necessary.

READ BOOKLET: Transport Guidelines for the Transportation of Children in Conflict with the Law, 2026

Information on Alternative Measures (Social Responses) to deal with children suspected of being addicted to dependence-producing substances, 2025

Information on Alternative Measures (Social Responses) to deal with children suspected of being addicted to dependence-producing substances, 2025Laws preventing children from engaging in certain activities are a common and common sense way of protecting children. Whether preventing children from engaging in harmful practices or accessing drug, alcohol and tobacco, these laws can be an effective way of protecting children from damage to their health and wellbeing as well as protecting them from exploitation. Laws prohibiting the sale of tobacco to children, targeting of children in cigarette advertising are well grounded rules to prevent children becoming engaged in activities that are particularly harmful to their health as the bodies are developing.

These Acts target adults who knowingly expose and facilitate children’s access to harmful substances. However, when children are prosecuted for the possession, use or purchasing of tobacco, the law compounds the physical harm of smoking with additional punishment.

Similarly, setting a minimum age for the purchase of alcohol, providing sanctions for those who sell alcohol to underage children and allowing police to confiscate alcohol from underage children all seek to protect children from the harms of drinking, but when possession by children is criminalised, that creates more harm for the child. For this reason laws criminalising the purchasing and possession of alcohol and tobacco by children should be abolished.

A drastic change in approach to drug policy recognises that the punitive approach has not been successful in tackling drug-related problems. Instead, emphasis should be placed on evidence-based public health and social justice principles that focus on individuals, families, communities, society as a whole, and must underscore social protection and health care instead of conviction and punishment.

READ BOOKLET: Information on Alternative Measures (Social Responses) to deal with children suspected of being addicted to dependence-producing substances, 2025

Government Increases Age for Criminal Capacity in South AfricaPower Talk, 2 Sep 2022
The Child Justice Act, 2008 which came into operation on 1 April 2010 created a separate criminal justice system for children. It changed the way that we deal with children who have committed crime. In this conversation, we speak about the amendments to the child justice act (Child Justice Amendment Act, 2019) and look at the capacity for the state to rehabilitate young crime offenders. We are now joined by Advocate Vuyo Ketele, Senior Advocate, Department of Justice & Correctional Services and Lulama Kampher Phiri, Attorney & Founder, Kamfer Phiri Inc.

 

BENEFITS OF THE ACT

  • The Child Justice Act will have long-term benefits for children and the country as a whole. It allows for a justice system that heals children and those who were affected by a child’s action, encourages forgiveness and rehabilitation and looks after the needs and rights of children and victims.
  • The Child Justice Act allows the child’s background or upbringing to be taken into consideration. It ensures that the individual needs and circumstances of children in conflict with the law are assessed before a decision is made on how to deal with the child.
  • The Child Justice Act balances the rights and responsibilities of the child, the victim and the community. When considering diversion options before a trial, the victim’s or his/her families’ views are also to be taken into consideration by the prosecutor and the court.
  • The Child Justice Act also states that the damage caused to the victim by the offence committed by the child offender should be considered. The victim or someone representing the victim may submit a statement that reflects the physical, psychological, social, financial, or any other impact that may have been caused as a result of the crime on the victim. This facilitates the healing and peace-making process and further expands and entrenches the notion of restorative justice.
  • The Child Justice Act creates the possibility of diverting matters involving children who have committed offences away from the criminal justice system.
  • The Child Justice Act makes it easier to assist with the rehabilitation and the reintegration of the child offender back into his/her family and society so that he/she can grow up to make a useful contribution to society.
  • Courts continue to prioritise and fast-track children’s matters in terms of the child justice system and this reduces the number of children awaiting trial.

 

TYPES OF OFFENCES

The Child Justice Act provides for three different categories of offences:

  • Minor offences include theft of property worth not more than R2500, malicious damage to property that is not more than R1500 and common assault.
  • More serious offences include theft of property worth more than R2500; robbery, but not robbery with aggravating circumstances; assault that includes causing grievous bodily harm; public violence; culpable homicide; and arson.
  • The most serious offences include robbery, rape, murder and kidnapping amongst others.

 

WHAT IS A PRELIMINARY INQUIRY?

In terms of the Child Justice Act an informal process called a preliminary inquiry will be held within 48 hours of the child’s arrest, before the first court appearance. The preliminary inquiry will be attended by different people, such as:

  • A Magistrate,
  • The child,
  • His/her parents,
  • A Prosecutor,
  • A Probation Officer,
  • The arresting police officer, and
  • A Legal Aid Attorney.

These people will meet to talk to the child about his/her circumstances, his/her family environment and the factors that may have led the child to commit the crime. They will also consider diverting the matter away from the criminal justice system.

 

DIVERSION

Diversion can be defined as the channelling of criminal cases involving a child away from the criminal justice system with or without conditions.

In essence the aim of diversion is to give a child offender a second chance by preventing the child from having a criminal record and to address the root causes of the criminal behaviour through an appropriate diversion programme or intervention.
Diversion may be considered in all cases, irrespective of the nature of the offence and whether or not previous diversions have been ordered in respect of a specific child.

The objectives of diversion are to:

  • Deal with a child outside the formal criminal justice system in appropriate cases;
  • Encourage the child to be accountable for the harm caused by him or her;
  • Meet the particular needs of the individual child;
  • Promote the reintegration of the child into his or her family and community;
  • Provide an opportunity to those affected by the harm to express their views on its impact on them;
  • Prevent stigmatising the child and prevent the adverse consequences flowing from being subject to the criminal justice system;
  • Reduce the potential for re-offending;
  • Prevent the child from having a criminal record; and
  • Promote the dignity and well-being of the child, and the development of his or her sense of self-worth and ability to contribute to society.

Diversion may be considered during the trial in the child justice court until before closure of the state’s case.

The Child Justice Act provides for two levels of diversion. Level one diversion options apply to Schedule 1 offences (least serious offences) and include options such as:
• an oral or written apology to a specified person or persons or institution;
• formal caution, with or without conditions;
• placement under a supervision and guidance order;
• placement under a reporting order;
• a compulsory school attendance order.

 

SENTENCING OPTIONS

The Child Justice Act provides a wide range of appropriate sentencing options specifically suited to the needs of children. Sentencing options include the following:

  • A community-based sentence is a sentence which allows a child to remain in the community such as community service under the supervision or control of an organization or institution, or a specified person, persons or group of persons identified by the court.
  • Restorative justice options: “restorative justice” means an approach that involves the child offender, the victim, the families concerned and community members who all identify the damage, the needs and obligations that arise as a result of the child’s act. If the child accepts responsibility and makes some effort to prevent this type of incident this can promote reconciliation. This process may be handled through a family group conference, a victim and offender mediation process and/or another restorative justice process.
  • A fine or symbolic restitution: An offer to pay a fine or make another form of symbolic restitution, such as fixing a broken window from his or her own pocket money, is another way of making restitution. An obligation may rest on the child to provide some service or benefit, provided that the child is 15 years or older. This is another option that the court may consider.
  • Correctional supervision: A child could be sentenced by the court to undergo correctional supervision. In such a case the child will be supervised by the Department of Correctional Services to do what is listed in the court order.
  • Attendance of a non-custodial sanctions programme: A child could be ordered to attend a non-custodial sanction programme such as a school programme.
  • Child and Youth Care Centre: A child could be sentenced to stay in a child and youth care centre for a specified period of time.
  • Direct imprisonment: A child could be sentenced to be direct imprisonment in correctional facilities. A child under the age of 14 years may not be sentenced to imprisonment. Imprisonment should only be used as measure of last resort and only for the shortest appropriate period fine.

 

CHILD JUSTICE COURTS

Any court dealing with the bail application, plea, trial or sentencing of a child is regarded as a Child Justice Court.

 

STEP-BY-STEP SUMMARY GUIDE ON THE CHILD JUSTICE PROCESS

  1. A child is suspected to have committed an offence will be apprehended by the police and depending on the seriousness of the alleged offence the child may be warned, summoned or arrested to appear at a preliminary inquiry. 
  2. The child and his/her parents or care givers will be informed of the charges against the child, the child’s rights; the immediate procedures to be followed and the date, time, place where the child must appear in court.
  3. Every child who is alleged to have committed an offence must be assessed by a probation officer.
  4. The parent or care givers or police bring the child to court
  5. A preliminary inquiry will be held to inquire into the matter and to decide on how the appropriate way to deal with the child.
  6. At the preliminary inquiry there are four possible steps that may be taken:
    • If the child is in need of care or protection, the matter will be referred to the children’s court which will determine suitable interventions.
    • If the child accepts responsibility, it may be recommended at the preliminary inquiry that the child be diverted. If the child does not complete or comply with the diversion, he/she will be brought back to court.
    • If no diversion order is made by the court or the child is not found to be a child in need of care and protection the case is referred to the Child Justice Court for trial.
    • If the matter has been referred for trial in the Child Justice Court, the preliminary inquiry magistrate will decide on the detention or release of the child pending the finalisation of the criminal case.
    • At the end of the trial the child may be convicted and sentenced or acquitte.

 

NATIONAL POLICY FRAMEWORK Objectives of the Policy Framework

The NPF, as per the requirements of section 96 (1), include guidelines for the implementation of the priorities and strategies contained in the NPF; measuring progress on the achievement of the NPF and ensuring that the different organs of state comply with the primary and supporting roles and responsibilities allocated to them in terms of the NPF and this Act.
READ: National Policy Framework on the Child Justice Act, 2008 (Act 75 of 2008)

 

LEGISLATION

 

FORMS

  • Form 13 (J763) - Application for Expungement of Records of Conviction and Sentence by the Director–General or Cabinet Member - Sections 87(1) And 87(3) of the Child Justice Act, 2008 (Act No. 75 of 2008), Regulations relating to Child Justice [Regulation 49]
  • Follow this link to also view the relevant forms for the Children's Act.

 

GOVERNMENT GAZETTE NOTICES

  • Child Justice Act: Accreditation of diversion programmes and diversion service providers, GG 42576, GeN 541, 11 Oct 2019
  • Child Justice Act: Amendment: Increasing area of jurisdiction of nerina one-stop child justice centre, GG 42417, GoN 605, 26 Apr 2019
  • Child Justice Act: Accreditation of diversion programmes and diversion service providers: Invitation to apply, GG 42391, GoN 577- Comment by21 Jun 2019, 12 Apr 2019
  • Children’s Amendment Bill: Explanatory summary, GG 42248, GoN 244, 25 Feb 2019
  • Child Justice Act: Accreditation of diversion programmes and diversion service providers: Invitation to apply. Comment by 31 Jul 2018, GG 41561, GoN 420, 6 Apr 2018
  • Child Justice Act: Accredited diversion programmes and service providers, GG 41287, GoN 1323, 1 Dec 2017
  • Child Justice Act: Regulations: Amendment (English / Setswana), GG 41288, RG 10784, GoN 1337, 1 Dec 2017
  • Child Justice Act: Accredited diversion programmes and service providers: Application invited - Comment by 31 Aug 2017, GG 40883, GoN 500, 2 Jun 2017
  • Child Justice Act: Accredited diversion service providers and diversion programmes, GG 40793, GoN 369, 21 Apr 2017
  • Child Justice Act: Accreditation of diversion programmes and diversion service providers: Invitation to apply, GG 40130, GoN 823, 7 Jul 2016
  • Hague Convention on the Civil Aspects of International Child Abduction: Acceptance by South Africa of countries that acceded to convention, GG 40058, GoN 695, 10 Jun 2016
  • Child Justice Act: Regulations: Amendment: Draft- Comment by 31 Mar 2016, GG 39751, GeN 81, 26 Feb 2016


RELATED JUDGMENTS

 

REPORTS

 

DOCUMENTS

Children's Rights 2020 Children's Rights are really cool! 2011Law talk for children, 1998Busi goes to court, 1999

USEFULL LINKS

 

 

EXPUNGEMENT OF RECORDS OF CERTAIN CONVICTIONS AND DIVERSION ORDERS

Section 87 of the Child Justice Act provides for the expungement of records of certain convictions and diversion orders
(1) (a) Where a court has convicted a child of an offence referred to in Schedule 1 or 2, the conviction and sentence in question fall away as a previous conviction and the criminal record of that child must, subject to subsections (2), (3) and (5), on the written application of the child, his or her parent, appropriate adult or guardian (hereafter referred to as the applicant), in the prescribed form, be expunged after a period of....read more

For any enquiries regarding expungements by the Minister or DG of Justice and Constitutional Development, contact any of the following officials:
N Mhlaba – Tel: (012) 315 1388, E-mail: NMhlaba@justice.gov.za
R Morgan – Tel: (012) 315 1232, E-mail: RMorgan@justice.gov.za
K Mtshweni – Tel (012) 315 4665, E-mail: KMtshweni@justice.gov.za
A Ally – Tel: (012) 315 1601, E-mail: UAlly@justice.gov.za
S Breytenbach – Tel: (012) 315 1423, E-mail: SBreytenbach@justice.gov.za
P Mdungwane – Tel: (012) 315 1561, E-mail: PMdungwane@justice.gov.za
L Nieuwoudt – Tel: (012) 315 1278, E-mail: LNieuwoudt@justice.gov.za
A Steyn – Tel: (012) 315 1300, E-mail: ASteyn@justice.gov.za
F Willmot – Tel: (012) 315 1412, E-mail: FWillmot@justice.gov.za
F Heyns – Tel: (012) 315 1327, E-mail: FHeyns@justice.gov.za

OFFICIALS WILL ONLY CONSULT WITH MEMBERS OF THE PUBLIC ON PRIOR ARRANGEMENT: PLEASE MAKE AN APPOINTMENT

Please note that the Director-General of the Department of Social Development, is responsible for the expungement of a record of any diversion order.
For further information please contact:
Ms Conny Nxumalo
Chief Director: Families and Social Crime Prevention, Tel: 012 312 7686, E-mail: connyn@dsd.gov.za
or
Mr Steven Maselesele
Director for Social Crime Prevention, Tel: 012 312 7065, Email : stevenm@dsd.gov.za

 

CONTACTS

All queries and complaints can be directed to the Office of the Chief Family Advocate:
Ms Josephine Peta
Tel: 012 315 1680, Email: children@justice.gov.za

ONE-STOP CHILD JUSTICE CENTRES (OSCJC) 

Matlosana OSCJC
Centre Manager: Mr Nkosana Tshabalala
Tel: 018 466 5500/ 082 607 1598 21591
Physical address: Benji Oliphant Road, Klerksdorp

Nerina OSCJC
Centre Manager: Harriet  Katangana Contact Details
Tel:  041 402 9830 / 083 432 9932
Physical address: Corner of Phyllis and Gumpert Street, Schauderville, Port Elizabeth, 6000
Postal address: Private Bag X 3904,  North End, PE,  6056

Mangaung OSCJC
Centre Manager: Ms Carol Steward contact details
Tel : 051 034 1904 / 083 302 6247
Email: steward@socdev.fs.go.za
Physical address: 28 Drente Street, Erlichpark, Bloemfontein, 9300