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

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

3. 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

4. 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.

5. 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

6. 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

7. 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

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

9. ASSESSMENTS OF CHILDREN
The report indicates a decline in the number of children assessed from to
The number of children charged has also decreased from to
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

10. 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 to
The increase of should be seen in a positive light as it enhances the prospect of children being diverted from the criminal justice system

11. 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

12. 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

13. 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.

14. 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.

15. 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

16. 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, 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 school safety committees - this is the main vehicle through which SAPS engages children to raise awareness on child justice amongst other topics

17. 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

18. 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

19. 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.

20. 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;

21. 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

22. 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;

23. THANK YOU