PRESENTATION ON CHILDREN IN CONFLICT WITH THE LAW-PORTFOLIO COMMITTEE FOR DCS

10 JUNE 2008

INTRODUCTION

The Child Justice Bill (CJB)• The Bill proposes important changes to the manner in which children in conflict with the law

are managed and dealt with within the criminal justice system.• Since the conceptualization of the Bill the Department of Social Development has strived to

align all its initiatives on children in conflict with the law to the requirements of the Bill.• The Department of Social Development is therefore responsible for the execution of the

following functions stipulated by various legislation including the CJB. Provision of assessments for all arrested children by probation officers -within 48hrs Provision and funding of diversion services Provision of alternatives for children awaiting trial Home based supervision programmes Provision of residential care facilities (Secure Care Facilities) Provision of pre-trial and pre-sentence reports Alternative sentencing options Prevention services and programmes to strengthen existing capacity and opportunities for

children Early intervention services to prevent children entering into the Criminal Justice System

SUPPORTING LEGISLATION

• The Department renders services to children in conflict with the law based on legislative mandates such as the following:

• Probation Services Amendment Act,2002: Section 4B states that any arrested child who has not been released shall be

assessed by a probation officer as soon as reasonably possible, but before his or her first appearance in court in terms of section 50( l) (c) of the Criminal Procedure Act, 1977 (Act No. 51 of 1977): Provided that if the child has not yet been assessed when brought before the court, the court may authorise the extension of the period within which the assessment must take place by periods not exceeding seven days at a time following his or her first court appearance.”

Section 4A refers to appointment of assistant probation officers and their duties• Children’s Act 38 of 2005 and the Amendment Act 41 of 2007: Chapter 8(s) 143 (sub section 1) a-b: provision of prevention programme (sub section 2) a-b: early intervention programmes Chapter 13 refers to establishment of Residential Care Facilities and

programmes.

MEASURES PUT IN PLACE TO ENSURE THAT THE CONTACT OF

CHILD OFFENDERS WITH CRIMINAL JUSTICE IS LIMITED

• Assessment of arrested children is conducted by Probation officers in courts, RAR and in DSD offices

• Implementation of diversion programmes• Contact details are provided to all SAPS stations• Visit to SAPS holding facilities• Re-assessment of children detained in DCS facilities for alternative placement

(14 day remand)• Utilization of the Home-based Supervision • Turn around strategy of children’s cases (Case flow management)• Provision of secure care facilities• Plans for building additional secure care facilities.• Advocacy programs- Preventative programs in collaboration with other

stakeholders.• Participating on the awaiting trial detainees task team led by DCS toe reduce

number of children in DCS facilities

• Capacity building of Probation services.

MEASURES PUT IN PLACE TO ENSURE THAT THE CONTACT OF CHILD OFFENDERS WITH CRIMINAL JUSTICE IS LIMITED CONT…

HUMAN RESOURCESProbation officers The Department has approximately 479 probation officers who are currently

servicing 388 magisterial courts, 88 high courts and 299 periodical courts.

Assistant Probation officers

A volunteer assistant probation officer' programme has been initiated in collaboration with Umsobomvu Youth Fund and the National Youth Service Programme to recruit and train 220 young people as Volunteer Assistant Probation Officers.

Presently 296 APO’s have been appointed to provide services to children in conflict with the law, of which 141 are youth from the VAPO project .

These young people are assisting probation officers in providing services to children in conflict with the law, especially with regard to the implementation of home-based supervision and family finding.

SECURE CARE CAPACITY(23/05/2008) REGION CAPACITY BEDS CHILDREN ADMITTED AVAILABLE SPACE

EASTERN CAPE 215 90 125

GAUTENG 685 568 117

MPUMALANGA 60 13 47

KZN 209 79 130

LIMPOPO 120 92 28

N/CAPE 150 127 23

FREE STATE 100 43 57

NORTH WEST 131 55 76

WESTERN CAPE 592 518 74

TOTAL 2262 1585 677

NUMBER OF PERSONNEL PER PROVINCE

PROVINCE PO APO VAPO

North West 18 16 0

Free State 14 21 15

KZN 41 37 0

Limpopo 39 03 11

Gauteng 75 54 0

N Cape 75 19 13

Mpumalanga 18 31 12

E Cape 118 93 0

W Cape 54 12 0

TOTAL 479 296 51

MEASURES PUT IN PLACE TO ENSURE THAT THE CONTACT OF CHILD OFFENDERS WITH CRIMINAL JUSTICE IS LIMITED CONT….

SECURE CARE FACILITIES

• The department has 31 secure facilities and planned to build additional 22 facilities within the MTEF

• Out of the 31 facilities nine are outsourced to NGO’s and 22 run by the department

• On average 1500 to 1800 new children are admitted at these facilities on monthly basis to await trial.

• In total the facilities have 2262 bed capacity and at a given time there is approximately bed space of 500.

• For instance as of the 23rd May 2008, 677 bed space was available

• These facilities are always not fully utilized.

• The planned facilities will provide additional bed space of 1320

Number of Secure Care Facilities

Province Name and location Capacity Planned

MPUMALANGA Hendrina Child and Youth Care Centre

Under Renovation

60 To built 2 SCC in Ehlanzeni and Nkangala districts

KWAZULU-NATAL

Excelsior Place of Safety in

Pinetown (SC.2)

Valley View Place of Safety in

Sydenham Durban (CR Swart,

Phoenix, Verulum)

Ocean View Place of Safety in

Bluff Durban

Greenfield’s place of Safety in

Greytown

Pata Place of Safety in

Pietermaritzburg

Ngwelezane Place of Safety

74

20

15

10

35

15

To build 7 SCC in following areas : Ladysmith, Durban, Pietermaritzburg,KwaMbonambi, Harding and Jozini

Number of Secure Care Facilities

Province Name and location Capacity

Planned

GAUTENG Dyambu Youth

Centre in Randfontein

Walter Sisulu Child

and Youth Care

Centre in Noordgesig

Tutela Place of

Safety in Pretoria

North

350

90

5

New SC to be built in Jabulani

FREE STATE Bloemfontein Secure Care

Matete Matches Secure

Care Centre in Kroonstad

60

40 Qwaqwa with a capacity of 50 boys and 10 girls which will include a one stop centre

Number of Secure Care Facilities

Province Name and location Capacity Planned

EASTERN CAPE Enkuselweni Secure Care

Centre in PE (WSC.3)

Erica Child and Youth

Care Centre in PE

Protea Child Care Centre

in PE

Maluti POS/SC

John X Merriman in East

London (SC4)

uMthatha Secure Care

60

50

5

25

25

50

4 SCC in East London, Qumbu,Grahamstown and Aliwal North

Number of Secure Care Facilities

Province Name and location Capacity Planned

North West Reamogetswe Secure Care Centre

Mafikeng

Matlosana

35

48

48

One in Rustenburg

One Bophirima (Vryburg)

Number of Secure Care Facilities

Province Name and location Capacity Planned

LIMPOPO Polokwane Secure Care 120 Build one in Malamulele

Build one in Waterberg

NORTHERN CAPE Molehe Mampe Secure

Care Centre in Galeshewe,

Kimberley

Marcus Mbetha Sindisa

Secure Care Centre in

Upington

Lerato Place of Safety in

Kimberley

60

40

50

Two SCC in Namaqua and Pixley

Number of Secure Care Facilities

Province Name and location Capacity Planned

WESTERN CAPE Bonnytoun House in

Wynberg, Cape Town

Outeniequa House in

George

The Horizon Youth Centre

in Faure

Vredelust House in Elsies

River

Lindelani Place of Safety,

Stellenbosch

Clanwilliam secure Care

Centre

190

77

185

10

60

60

To build 2 SCC in Worcester and Beaufort West

CHALLENGES EXPERIENCED BY DSD IN ACCOMODATING

CHILDREN IN DSD FACILITIES THAN IN DCS FACILITIES Non compliance with the Interim National Protocol

for the management of children awaiting trial.• The majority of arrested children are usually

assessed in courts and in correctional facilities, of which they could have been assessed before appearing in court and ultimately being detained in DCS facilities.

• The Criminal Procedure Act (sec 50 (sub sec 5) mandates SAPS to notify Probation officers of all arrested children for assessment purposes and placement.

CHALLENGES EXPERIENCED BY DSD IN ACCOMODATING

CHILDREN IN DSD FACILITIES THAN IN DCS FACILITIES • The Interim National Protocol for the management of children awaiting

trial further states that Justice and Constitutional Development has a responsibility to notifying the Probation officer of an arrested child due to appear before court and has not been assessed.

• Children are placed within DCS facilities through court order.

• The court considers the seriousness of the offence and not always the recommendations of the Probation Officers when placing a child and/or considering alternative placement and diversion.

LEVEL OF SOCIAL WORK SUPPORT

DSD has dedicated personnel as required by the Probation Services Act (116 of 1991) as amended in 2002 to render services to children at risk and in conflict with the law:

– Prevention programmes – Early intervention services (reception, assessment and referral

services, restorative justice programmes and diversion programmes).

– Services to victims of crime – Statutory services – Continuum of care (supervision and after care)

Diversion• Approximately 19 631 children have been diverted during the last

financial year. However a more concerted effort is required to strengthen programmes and fund NGO’s who are providing these programmes as children are committing more violent crimes and sexual related offences.

CONCLUSION • The Department acknowledges the intersectoral collaboration

• However if DSD is not informed of children arrested by SAPS, such children wont be assessed within 48 hours of arrest and they might end up in correctional facilities.

• If children are not assessed on arrest or within 48 hours of arrest, NPA should not proceed with the case without an assessment report.

• Lastly if all role players do not assume their responsibilities it impacts negatively on the way children are dealt with and some children fall through the cracks within the child justice system.

THANK YOU