Presentation to Portfolio Committee on Justice and Constitutional Development: Progress report on implementation of Child Justice Act, 2008 (Act No 75 of 2008): National Department of Justice and Constitutional Development Secretariat of National ISCCJ; and Chief Directorate: Promotion of the Rights of Vulnerable Persons: 23 February 2010

Child Justice Act, 2008: Readiness for implementation: DoJCD: DoJ&CD responsibilities Due dates and Progress to date Develop and promote subordinate legislation: 1.1 Notice regarding categories of persons competent to conduct criminal capacity evaluations Evaluate comments: 26 February 2010; Consult with Minister of Finance for approval of Notice: 23 March 2010; Translation into Setswana: 23 March 2010; Publication: 26 March 2010. 1.2 Regulations in terms of section 97(1) of Child Justice Act, 2008 (i) Approval of regulations by Portfolio Committee after re-tabling by end February 2010; (ii) Approval by NCOP: mid-March 2010; (iii) Translation into Setswana: mid-March 2010; (iv) Publication: By 31st March 2010. 1.3 Rules Rules Board has been notified

Plans for implementation of the Child Justice Act, 2008: DOJ&CD Responsibilities Progress to Date 2. The development of a National Policy Framework on Child Justice (i) A draft document outlining the National Policy Framework has been developed and a process of consultation is underway; a sub-task team of the ISCCJ will edit and finalise the document during February and March 2010; for submission to the Development Committee during March 2010; For submission to the DG’s ISCCJ during April 2010; and Tabling in Parliament by June 2010. 3. Research and develop the various policies required within the NPF (i) A review of existing policies has identified the initial research and development requirements, including the following, which is receiving attention: * One stop child justice centres; * Diversion and Restorative justice; * Preliminary inquiries. (ii) The draft Guidelines for the establishment and management of One Stop Child Justice Centres is nearing finalisation for submission to the Director-General for approval and sign-off.

Plans for implementation: DoJ+CD, continued: DOJ&CD Responsibilities Progress to Date 4. To ensure processes are underway to provide Human Resources and Infrastructure for implementation of the Act (i) An audit process has been initiated. (ii) Two (2) One Stop Child Justice Centres exist in Mangaung, Bloemfontein and Nerina, Port Elizabeth. (iii) The challenges in this regard, are the lack of enough additional ring-fenced budgetary allocations by National Treasury to ensure that the additional human resources for each Child Justice Court and One Stop Child Justice Centre can be made available; and the lack of capital budgets to build new centres. (iv) The plan is therefore now to try and convert existing buildings such as Secure Care Facilities, into One Stop Child Justice Centres. 5. Development of Training Material for Child Justice A Child Justice Training Reference Group has been established during 2009; a draft training manual has been developed, the first set of training in the provinces, has commenced, for Court officials, Magistrates and inter-sectoral partners. Five provinces have already been trained. Four provinces will be trained by end March 2010. The regulations will be added to complete the second draft of the manual as soon as Parliament has adopted them. The SAPS National instructions and the NDPP’s National directives, will also be added to the manual, once finalised and adopted. 6. Co-ordination of officials’ ISCCJ The ISCCJ is well established and piloting an emerging M&E system. Cluster co-ordination is facilitated via this forum; and supported by the nine Provincial Child Justice Fora.

Plans for implementation: DoJ+CD, continued: DoJCD-responsibilities Progress to date 7. Information management (i) The development of information systems within DOJCD (ISM) and IJS Transversal have been initiated and consultation is ongoing. (ii) Challenges relate to dependence on manual statistics and different departments’ systems not talking to one another, which is receiving urgent attention. 8. Communications – public awareness (i) In consultation with DOJ&CD PEC the Child Justice material has been branded; pamphlets and posters are being procured for distribution to Regional Offices and Departments before the launch on the 1st April 2010; (ii) A plan is being developed by the Chief Directorate, PEC and GCIS to recommend the launch of the implementation of the Child Justice Act by the Hon Minister or the Hon Director-General during the first week of April 2010.

Plans for implementation: DoJCD, continued: DoJCD-responsibilities: Progress to date: 9. Implementation of Children’s Act, 2005 (Act No 38 of 2005), to support implementation of Child Justice Act, 2008: Chapter 4 of Children’s Act, 2005, relating to additional powers and duties of Children’s Courts Supporting DSD as main role-player to plan for implementation of Children’s Act, 2005 and DoJCD-responsibilities: (i) Managing children under the age of 10 years (Children’s Courts); and (ii) Referring children in need of care and protection to Children’s Courts. (iii) Established Children’s Act Working Group to plan for, implement and monitor impact of new Children’s Act, 2005, on courts. (iv) Costed new obligations and have requested relevant budgets: (v) Challenge: have not received as much as the Department, needs, to be able to fully implement.

Functions of the ISCCJ: The functions of the Inter-Sectoral Child Justice Steering Committee (ISCCJ) (once the NPF has been drafted) and specified in Section 96(1) include: monitoring the implementation of the national policy framework and this Act; and the establishment of an integrated information management system to enable effective monitoring, analysis of trends and interventions, to map the flow of children through the child justice system and to provide quantitative and qualitative data relating, among others, to arrest or methods of securing attendance at criminal proceedings; assessment; preliminary inquiries; diversion; children awaiting trial; bail and placement; trials; sentencing; appeals and reviews; sexual offences committed by children; children who lack criminal capacity as provided for in section 7(1); and any other relevant factor.

Present oversight Committees National Intersectoral Child Justice Steering Committee (ISCCJ). Child Justice Act, 2008, now provides mandate for ISCCJ on DG’s level, to meet on a bi-annual basis and report to Minister of Justice and Constitutional Development within 30 days. Present Government Departments’ ISCCJ on Chief Director and Director-level, to support DG’s ISCCJ (policy and strategic recommendations). Consists of various Government Departments concerned, and includes Lower Court Management Committee of the Judiciary and Legal Aid SA. ISCCJ also meets on regular basis with NGO’s; universities and Chapter 9-institutions; the National House of Traditional Leaders and the Judicial Inspectorate of Prisons. Supported by nine (9) Provincial Child Justice Fora, chaired by the Regional Heads of the DoJCD in each province, who reports on a monthly basis to the ISCCJ.

Challenges: Inadequate budget allocations. Cluster budget bids made in both 2008/09 and 2009/10. No Cluster budget received for 2009/10 – Departments had to reprioritise from Departmental funds. For 2010/11, the Cluster requested R660,961,799.00, for all Departments involved; and R124,689,590 for the DoJCD. For 2010/11, the JCPS Cluster received R30 million, for implementation purposes of the DoJCD, NPA and LASA, which will be divided equally between the 3 Units. Concern – other Departments such as DSD and DCS made their own bids, but received no additional Cluster budgets. The primary areas affected include: One Stop Child Justice Centres require both ongoing and capital expenditure and current budgets do not allow for the establishment of further centres as described in the Act. Diversion of child offenders requires the provision of diversion services and this requires a substantial additional budget especially in under-resourced rural areas. Implementation of the Act requires a substantial paradigm shift in both the Judiciary and personnel within the system; this requires a substantial training budget which is not covered in existing departmental operational budgets. Additional staff will be required by almost every department to provide for the additional functions and increased service levels demanded by the Act.

QUESTIONS ? Thank you.