Child Justice Amendment Bill: deliberations & adoption

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Justice and Correctional Services

14 November 2018
Chairperson: Ms R Mothapo (ANC)
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Meeting Summary

PMG arrive late and did not attend the full meeting.

The Committee adopted its report on the Child Justice Bill.

The Committee approved the report on the provisional suspension of Mr E S Nzimande.

Meeting report

Child Justice Amendment Bill: committee report
The report was tabled for consideration.

The Committee having considered the Bill referred to it and classified by the Joint tagging mechanism (JTM) as a section 75 Bill reports the Bill with amendments (B32A-2018). The Bill is working to move the age of criminal responsibility from 10 years to 12 years. During its deliberations the Committee considered the proposed amendment to section 92 of the Child Justice Act, which addresses children used by older adults to commit crimes. In some instances young children are used by older children to commit crimes. The amendment seeks to substitute the word ‘adult’ with persons to deal with such cases. During the deliberations the PCJustice noted the paucity of information regarding the occurrence of children being used by adults to commit crimes. In its report, the Committee thus requests the Ministry to engage with the Minister of Police and the National Prosecuting Authority with a view to ensuring that the necessary data is collected and regularly reported on.

Members of the Committee resolved to adopt the report.

Suspension of Magistrate
Mr Johannes Meijer, member of the Magistrates’ Commission briefed the PCJustice on the provisional suspension of Mr E S Nzimande. Mr Nzimande is the regional Court President of the Regional Division, Kwazulu Natal. Having considered the existing evidence against him, the Commission - at its meeting held on 31st August 2018 - resolved to charge Mr Nzimande with misconduct. The Commission - on 27th September 2018 - resolved to recommend that Mr Nzimande be provisionally suspended from office in terms of section 13 (3) (a) of the Act.
Mr Meijer took Members through the misconduct charges preferred against Mr Nzimande.
The Committee supported the provisional suspension of Mr Nzimande with pay while the disciplinary process is being undertaken.
The meeting was adjourned.



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