Latest news with #ChildJusticeAct
The Citizen
10-06-2025
- The Citizen
12-year-old in court after killing 14-year-old in Brakpan collision
For children aged between 12 and 14 years, the law introduces a presumption that they lack criminal capacity, unless proven otherwise by the state. A 12-year-old child has appeared before the Brakpan Magistrates Court on charges of culpable homicide and driving without a license after allegedly causing the death of a 14-year-old boy. According to reports, the younger child was driving his parents' vehicle when the fatal collision took place in Brakpan, Gauteng, on Saturday. Details of the fatal collision According to the National Prosecuting Authority (NPA), the 12-year-old was behind the wheel when he ran a stop sign and struck the teenage victim. 'It is alleged that on 7 June 2025, the minor was driving his parents' vehicle at the corner of Madeley and Northdeene Street when he drove over a 14-year-old boy and bumped into a wall. 'The 14-year-old boy sustained injuries and was declared dead on the scene,' said NPA Regional spokesperson Lumka Mahanjana. Following the collision, the younger child was arrested. 'The 12-year-old was then taken to the Brakpan charge office and later released into the care of his parents by police,' Mahanjana added. He was only released into his parents' custody on Sunday, 8 June 2025. ALSO READ: Four taken to hospital after collision on R328 Court proceedings and legal considerations During Monday's court appearance, the minor was accompanied by his guardian, as required by law. The matter has been postponed until 28 August 2025 to allow for a comprehensive assessment of the child's criminal capacity. The law introduces a presumption that children aged between 12 and 14 lack criminal capacity unless the state proves otherwise. 'A child falling in this age group can only be arrested as a last resort,' LegalWise stated. Current legislation directs that 14-year-olds and above can typically stand trial in South African courts. The Constitutional Court firmly established the principle that child offenders must be treated differently from adults, a view that was solidified when the Child Justice Act 75 of 2008 came into effect on 1 April 2010. This Act introduced a separate criminal justice system tailored specifically for children, aiming to address their unique needs and circumstances within the legal framework. LegalWise explains that 'under the Child Justice Act, a child under the age of 12 years has no criminal capacity and cannot be prosecuted or arrested for an offence. It does not mean that there will be no consequences if the child is found guilty.' The Act instead 'offers alternatives for rehabilitation by diverting a child offender from a prison sentence to community service, counselling and therapy.' This reflects a significant shift in focus—from punishment to rehabilitation, acknowledging that children are still developing and should be given the opportunity to reform. NOW READ: Trio convicted for brutal farm attack in Eastern Cape
IOL News
10-06-2025
- IOL News
Legal implications for a 12-year-old driver in a fatal crash? Understanding the consequences
A 14-year-old pedestrian tragically lost his life in Brakpan after being struck by a Mazda allegedly driven by a 12-year-old boy. Image: Supplied As South Africans express shock over the incident where a 12-year-old Gauteng boy allegedly fatally struck a 14-year-old boy while the 12-year-old was driving his parents' car, crime analyst says the law will probe into the circumstances of how the 12-year-old ended up with the vehicle. In an interview with IOL, crime researcher Thabang Bogopa said after the horrific incident, the child is carefully assessed and recommendations are made to the presiding officer. 'Once a minor is involved in the commission of an offence, the statute that will come into play is called the Children in Conflict with the Law Act (Child Justice Act). What will normally happen is that an inquiry will be held involving social workers who will interview the child, potential witnesses and make recommendation to the magistrate as to whether the child should be prosecuted, or whether the child should be given a hearing in camera which means in private, and be referred for a programme, normally at the child welfare," he said. "Children in conflict with the law are young individuals aged 12 to 17 who are suspected of committing crimes. The Child Justice Act (CJA) in South Africa provides a separate system for dealing with these children, focusing on their best interests and rights, and aims to prevent them from obtaining criminal records in appropriate cases." Bogopa said the CJA emphasizes restorative justice, diversions, and alternative sentencing options to help children turn their lives around. He said in instances where other people are affected by the minor's crime, mediation will also be recommended. Video Player is loading. 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Next Stay Close ✕ Crime researcher Thabang Bogopa spoke to IOL Image: Supplied Bogopa however, said the law will carefully probe into circumstances on how the 12-year-old ended up with the vehicle, and there would be repercussions for anyone who gave the minor a vehicle. Get your news on the go, click here to join the IOL News WhatsApp channel. 'The person who gave the child the vehicle would be charged in terms of the National Road Traffic Act, there is a scheduled offence there which involves giving someone who does not have a driver's licence a vehicle to operate. So they would be charged under that Act," he said. "In this case, they would be charged for giving a child who is underage a vehicle, but also someone who does not have a valid driver's licence." The criminologist said it is imperative for parents to conscientise their children strongly against driving without a licence, which is a serious offence. "The advice would be for parents to desist from allowing their children to drive, especially if they are below 16, because if they are above 16, they can have a learner's licence and drive under the supervision of an adult. When they are 18 then they get a driver's licences to operate a motor vehicle on a public road," said Bogopa. He said the massive infrastructural damages caused by the vehicle may become the subject of a civil dispute. "Normally, a full comprehensive vehicle insurance cover would cover up to R5 million of the third party. So, it means the parents' insurance will pay off the damage. It will be between the parents and their insurance as to how they fix it going forward," he said. IOL reported on Monday that the 12-year-old boy appeared before the Brakpan Magistrate's Court in Gauteng after he allegedly fatally struck a 14-year-old boy while driving his parents' car. The boy appeared in court on Monday in the presence of his guardian. He is facing a charge of culpable homicide and driving a motor vehicle without a licence. National Prosecuting Authority (NPA) spokesperson, Lumka Mahanjana, said on Saturday, June 7, 2025, the 12-year-old was allegedly driving his parents' car at the corner of Madeley and Northdeene Street when he drove over a 14-year-old boy and subsequently bumped into a wall. "The 14-year-old boy sustained injuries and was declared dead on the scene. The 12-year-old was then taken to the Brakpan charge office and later released into the care of his parents by police on June 8, 2025," said Mahanjana. Mahanjana added that matter was postponed to August 28, 2025, to determine the 12-year-old boy's criminal capacity. According to City of Ekurhuleni spokesperson Zweli Dlamini, officers from the Ekurhuleni Metropolitan Police Department's (EMPD) Accident Bureau responded to the scene, where paramedics had already declared the teenage pedestrian deceased. "At the scene, officers found a Mazda that allegedly bumped the pedestrian driven by a 12-year-old driver," said Dlamini. IOL News
eNCA
09-06-2025
- eNCA
Should parents take a fall for their children's crimes?
JOHANNESBURG - A 12-year-old child in Brakpan, on the East Rand is alleged to have stolen his parent's car, ran a stop sign, and killed a 14-year-old pedestrian, before crashing into a house wall. The child has since been taken into custody, accompanied by his guardian. In South Africa, children can be held criminally responsible for their actions. According to the Child Justice Act, children aged 12 and older are considered to have the capacity to commit a crime and may face prosecution. South African common law further states that parents are generally not held liable for crimes committed by their children, unless it can be proven that the parents used the child as a tool to commit the crime. Typically, children who commit crimes are sent to juvenile detention facilities focused on rehabilitation rather than punishment. This tragic incident has sparked public debate: Who should be held accountable, the parent or the child? South Africans have mixed reactions to this. Some believe children must take responsibility for their own actions, especially if they are of prosecutable age. Others argue that parents should bear responsibility. @JacksShongwe says, 'Accountability should be shared. Minors must take age-appropriate responsibility for their actions, but parents also play a crucial role, as their guidance, supervision, and environment significantly influence a child's behaviour. Each case should be assessed individually'. @TashyRR says, 'This should be based on the crime & circumstances involved but if they are teens then majority of crimes can be understood by the teen him/herself in which case I'd say juvenile court can try them out as individuals with their parents/guardians as onlookers'. @NoozBebe_ says, 'This needs to be on a case by case basis. There are many homes where the parents work far from home and are never there to guide their children on weekdays. These kids sometimes fall into the hands of wayward adults who teach them and employ them to do their dirty work. In each case, the kids will lead you to the bad adult. There's always a bad adult behind every kid's crime'.
TimesLIVE
03-06-2025
- TimesLIVE
South Africa's children are under siege — and it's all our baby now
As the country commemorates National Child Protection Week from May 29 to June 5 to raise awareness about the rights of children, we are once again reminded that this moment of reflection is not symbolic. It is urgent. The latest crime statistics from the South African Police Service for the third quarter of the 2024/25 financial year (October to December 2024) reveal a distressing escalation of violence against children. During this period, 273 children were murdered, 480 were victims of attempted murder, and 2,164 suffered assaults with intent to inflict grievous bodily harm. These figures are not mere numbers; they represent young lives lost or irrevocably damaged. They signify a society failing its most vulnerable members. These figures are not abstractions. They are children with names, birthdays, families and futures that will never be realised. They are the silent dead in a country that is becoming disturbingly accustomed to the normalisation of violence. A nation desensitised, a system in decay The high rates of violence against children are not isolated incidents. They are the logical outcome of a deeply unequal society with weakened protective systems and an eroded social contract. Despite a progressive legal framework — the Children's Act, the Sexual Offences Act, the Child Justice Act — enforcement continues to falter. A recent report by our long-standing partner, the Teddy Bear Foundation, found that of more than 5,000 reported child abuse cases from 2019 to 2024, only 4% resulted in convictions. Four per cent! The rest were withdrawn, many due to lack of evidence or absence of witnesses; this is a telling sign of a justice system ill-equipped to protect those most in need of its care. This failure is not technical. It is structural. It reveals a system where the burden to speak, to testify, to prove harm, still rests on traumatised children, often without access to support or protection. What we are seeing is not a justice system working poorly, but a justice system not working at all for children. The statistics are numbing. But the stories behind them are searing. We remember Uyinene Mrwetyana, murdered in 2019 — a case that galvanised a national reckoning and ignited the #AmINext movement. Her murder should have been the turning point. Instead, it has joined a litany of tragedies still unfolding.
IOL News
28-05-2025
- IOL News
‘Arrested girls lied about their ages': Police say suspects with stolen Toyota Hilux are minors
Police in Limpopo arrested two teenage girls for possession of a stolen Toyota Hilux GD-6 in Limpopo, while a third occupant of the vehicle escaped on foot. IOL has withheld the names and pictures of the teenagers are withheld to protect the minors' identities. Image: File/SAPS Police in Limpopo have established that two suspects who were arrested and charged for possession of a stolen Toyota Hilux bakkie are minors, who must be charged under the Child Justice Act. On Tuesday, IOL reported that provincial police spokesperson, Brigadier Hlulani Mashaba said the two young women who are in police custody were aged 19 and 20. However, on Wednesday night, Mashaba told IOL that after the story was published, parents of the arrested came forward with birth certificates proving that the two are girls aged 15 and 16. 'On the two ladies, further investigation has revealed that they gave incorrect ages during the arrest. After their families saw their pictures on a released media statement, they came forward and the birth certificates show they are minors aged 15 and 16,' said Mashaba. 'They were supposed to be charged under the Child Justice Act. They will now be placed in a place of safety, while they remain in police custody.' Mashaba said the date for the girls to return to court will be announced in due course. 'I'm still waiting for the remand date,' he said. IOL has withheld the names and pictures of the arrested teenagers, to protect the identity of the children. Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. 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Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Next Stay Close ✕ Last week, IOL reported that provincial police spokesperson, Brigadier Hlulani Mashaba said the vehicle was intended to be driven across the Beitbridge port of entry into neighbouring Zimbabwe on 18 May 2025. 'In a coordinated anti-smuggling operation involving SAPS Anti-Smuggling Team, Tshimollo Security and Investigation, and Reflex Anti-Hijacking Security, the officers intercepted a Toyota Hilux GD-6 double cab on the R101 near Polokwane weighbridge,' said Mashaba after the arrest of the duo. 'During the stop, one male suspect fled into nearby bushes, while two female suspects attempted to escape but were apprehended after a foot chase,' said Mashaba. Get your news on the go, click here to join the IOL News WhatsApp channel. Preliminary police investigations have so far revealed that the Toyota Hilux GD-6 was stolen on Friday, 16 May 2025, around Garsfontein in Pretoria East. On Monday, IOL reported that the Polokwane Magistrate's Court has remanded 43-year-old Zimbabwean national Mhlalisi Moyo in custody after he was arrested in Limpopo for possession of a suspected stolen motor vehicle. Zimbabwean man, Mhlalisi Moyo, was remanded in custody by the Polokwane Magistrate's Court after he was arrested for possession of suspected stolen motor vehicle, a Toyota RAV4. Image: SAPS Mashaba said Moyo appeared in court on Friday, and his case was postponed to Thursday, 29 May for formal bail application. Last week, Mashaba said Moyo was arrested during a joint operation comprising the SAPS anti-smuggling task team, Tshimollo Security and Investigation, Reflex Anti-hijacking Security, and Tracker SA. 'The Toyota RAV4 was intercepted at approximately 8 pm (on Wednesday) near Shell Ultra City in Polokwane on the N1 highway,' said Mashaba IOL News
