PRESENTATION TO THE PORTFOLIO COMMITTEE FOR POLICE: SECOND ANNUAL CONSOLIDATED REPORT ON THE IMPLEMENTATION OF THE CHILD JUSTICE ACT, 2008 (ACT No.

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Presentation transcript:

PRESENTATION TO THE PORTFOLIO COMMITTEE FOR POLICE: SECOND ANNUAL CONSOLIDATED REPORT ON THE IMPLEMENTATION OF THE CHILD JUSTICE ACT, 2008 (ACT No 75 OF 2008) PRESENTED BY THE INTERSECTORAL CHILD JUSTICE COMMITTEE FOR THE 2011/2012 FINANCIAL YEAR

Background and Overview Governance structures CONTENT OF PRESENTATION Background and Overview Governance structures Key Priority areas of NPF Limitations Successes

INTRODUCTION The presentation focuses on the second year of the intersectoral implementation of the Act, viz. from 1 April 2011 to 31 March 2012 It reflects the collaborative efforts by the various stakeholders to establish and maintain a child justice system in South Africa. Where possible, it provides a comparative reflection of the child justice performance thus far. It highlights notable successes, identifies shortfalls and provides corrective interventions, where possible. However, it is not an all-inclusive account of the intersectoral performance, but an overview based on the key indicators of the NPF

BACKGROUND AND OVERVIEW OF THE CJA: The Child Justice Act demands a collaborative approach by the Justice, Crime Prevention and Security Cluster Departments (JCPS) in realising the objectives of the Act. It is an Act that seeks to bridge the gulf between the ‘paper’ Constitution and the ‘real experience’ of constitutional guarantees by children, e.g. It promotes the right of a child not to be detained with adult inmates, in instances where the imposition of an imprisonment sentence is inevitable. It provides for special measures that promote corrective punishment to assist children in conflict with the law to break the cycle of crime so as to mature into law-abiding and productive citizens.

GOVERNANCE STRUCTURES The Act promotes and affirms collaboration between the implementing Departments and institutions through the establishment of the Intersectoral Committees for Child Justice: DG’s Intersectoral Committee (met 3 times)- s94 of the Act DG: Justice and Constitutional Development, as the Chair; National Director of Public Prosecutions; National Commissioner of Safety and Security; National Commissioner of Correctional Services; DG: Social Development (Deputy Chair); DG: Education; DG: Health DG: Women, Children and People with Disabilities; National House of Traditional Leaders (still being co-opted) National Operational Intersectoral Committee Provincial Child Justice Fora

Building Capacity in the Sector Assessments of children KEY PRIORITY AREAS OF THE NPF Building Capacity in the Sector Assessments of children Preliminary Inquiries Sentencing Provision of Diversion and Alternative Sentencing Services Establishment of Child and Youth Care Centres Establishment of One Stop Child Justice Centres (OSCJCs) Resources and Budgets Public Education and Communication Development of information management systems

TRAINING Department 2010/11 2011/12 Overall total trained DOJCD Child Justice Clerks: 190 Intersectoral training: 306 395 496 891 SAPS: In-service training: 8 995 18 540 14 060 (excl no of members trained informal lecture sessions 32 600 Vulnerable Children: 5 065 DSD 854 1 281 2 135 LASA 1 855 1 700 3 555

TRAINING: Cont Department 2010/11 2011/12 Overall total trained NPA 349 214 563 DCS Correctional Officers: 109 Social workers: 03 146 111 257

ASSESSMENTS OF CHILDREN The report indicates a decline in the number of children assessed from 32 500 to 18 334 The number of children charged has also decreased from 75 435 to 57 592 SAPS statistics and statistics from DSD do not tally, and no conclusive causes could be drawn from the NOC research report for such variance. However, the Child Justice Information Management Task Team is in a process of initiating a project in two policing areas (viz. one in Mpumalanga and the other in Gauteng) to track down child justice cases and determine case flow gaps, e.g. whether or not all children apprehended are charged whether or not all children charged are assessed

All children who are charged must undergo a preliminary inquiry PRELIMINARY INQUIRIES All children who are charged must undergo a preliminary inquiry The number of preliminary inquiries increased from 14 471 to 17 822 The increase of 3 351 should be seen in a positive light as it enhances the prospect of children being diverted from the criminal justice system

SENTENCING Type of Sentence 2010/11 2011/12 Community-based sentences 60 795 Restorative Justice sentences 137 405 Fines or alternative to fines 34 37 Correctional supervision 804 302 Children admitted to compulsory residence in Child and Youth Care Centres 110 353 Imprisonment 536 94

DIVERSION AND ALTERNATIVE SENTENCING During 2011/2012 DSD completed the first phase of the accreditation process with a total of 345 service providers and programs being accredited. The breakdown is as follows: 55 service providers received full accreditation 38 service providers achieved candidacy status 191 programs received full accreditation 32 programs received candidacy status 20 programs were declined 9 service providers were decline Summary of all types of diversions from April 2011 and March 2012 Section 41 Diversion Preliminary Inquiries Diversion Schedule 3 Diversion Finalized Onerous Diversion Diversion after Enrolment 1 577 2 608 108 368 3 946

Two additional facilities are under construction. CHILD AND YOUTH CARE CENTRES Child and Youth Care Facilities are established in terms of section 191 of the Children’s Act 38 of 2005. As at 31 March 2012, there were twenty eight (28) Secure Care facilities countrywide with a total bed capacity of 3 272 beds. Two additional facilities are under construction.

North West: Matlosana Secure Care Facility, Klerksdorp, and ONE STOP CHILD JUSTICE CENTRES The National Operational Intersectoral Committee for Child Justice (OP ISCCJ) and the Provincial Child Justice Fora (PCJF) went through the lengthy process of identifying the 2 most appropriate sites for the establishment of OSCJCs. This process was undertaken with the guidance of the Minimum Requirements for the Establishment of One Stop Child Justice Centres. The governance structures arrived at a unanimous decision to select the following 2 sites: North West: Matlosana Secure Care Facility, Klerksdorp, and Eastern Cape: Khayalethemba Youth Care Centre, Buffalo City. However, the process of establishment could not be finalized due to a number of challenges, e.g. Process is fairly new; Delay in securing the ministerial written agreements.

RESOURCES AND BUDGETS Many Departments/ institutions do not have a dedicated budget for the implementation of this Act. In 2009/2010 start up funding was allocated to DoJCD for the implementation of the Act. This budget was distributed amongst the following Departments: DCS, DSD, LASA, NPA and DOJCD. DOJCD, LASA and NPA continue to receive annual budget dedicated for the implementation of the Act. For the financial year 2011/12, a dedicated budget of R16 851 318 was received for the national implementation of the Act from the National Treasury. SAPS is amongst Departments which had no budget specifically allocated for the implementation of this Act. Resource provision still a major challenge for all stakeholders

COMMUNICATION AND PUBLIC EDUCATION DOJCD: Developed an intersectoral communication strategy for the ISC on Child Justice, in partnership with GCIS. This strategy included the presentation of 26 TV episodes of Jwayela i Justice on SABC 2, in collaboration with NPA, SAPS, & LASA. Average viewership of 1,127 760 was reached per episode. LASA held sports events at schools in all provinces to educate children on rehabilitation NPA held a radio campaign with SABC which included a focus on child justice where 34 million listeners were reached SAPS and DBE safe schools programme linked 9000 schools to police stations and established 6 091 school safety committees - this is the main vehicle through which SAPS engages children to raise awareness on child justice amongst other topics

COMMUNICATION AND PUBLIC EDUCATION Various Departments participated in information sessions hosted by DOJCD with international delegations from: Liberia, Mozambique, Nepal, Vietnam, Uganda, Iran, Sudan, and Zambia

INFORMATION MANAGEMENT SYSTEMS The Child Justice information management team was established to address challenges in respect of intersectoral availability of information The team is developing systems that will allow collection of data across departments from operational systems . It will also ensure the use of common definitions to improve comparability and accessibility of information

INFORMATION MANAGEMENT SYSTEMS The SAPS is addressing the re-designing of management information systems in order to be able to capture: Other forms of attendance of children, e.g. through summons, notices; etc. Data regarding children under 10 who cannot feature on the Crime Administration System; Notification of probation officers electronically.

Limitations Lack of adequate capacity to implement the Act. DOJCD has undertaken to conduct a provision to provision analysis of the Act to determine the resource capacity required for the effective implementation of the Act; The lack of dedicated budget allocations by the majority implementing stakeholders; The recent NGO budget cuts that have led to the withdrawal of requisite services from our courts; The need to investigate trends in respect of reduction in children charged and assessed;

Limitations The lack of adequate budget to establish and continually run One Stop Child Justice Centres, e.g. The Khayalethemba Youth Care Centre requires a budget of R28million The need for an Integrated Information management system to put an end to statistical variances and inability to make properly informed data analysis; Ongoing need for capacity building (need for a skills audit) Explaining the trends in respect of reduction in children charged and assessed

What are the successes? The gradual rise in the number of Preliminary inquiries indicates a growing compliance with the Act. It also ought to be seen as an element that enhances the prospect of children being diverted from the criminal justice system to a system that promotes their constitutional right to be treated in a manner that takes account of their age. Increase in the imposition of non-custodial sentences symbolizes a change towards the establishment of a child justice system, i.e. The prospects of breaking the cycle of crime amongst children are improving;

THANK YOU