ATC100323: Report on Child Justice Act Regulations

Justice and Correctional Services

Report of the Portfolio Committee on Justice and Constitutional Development on the Regulations relating to the Child Justice Act, No 75 of 2008, dated 23 March 2010. 

The Portfolio Committee on Justice and Constitutional Development, having considered the request for approval by Parliament of the Regulations relating to the Child Justice Act, No 75 of 2008, recommends that the National Assembly approves the Regulations. The Committee furthermore reports as follows: 

The Child Justice Act was passed in 2008. Section 97 of the Act requires the Minister of Justice and Constitutional Development after consultation, where appropriate, with the Cabinet members responsible for social development, safety and security, education, correctional services and health to make regulations relating to the Act. The Act required that the regulations be tabled in Parliament by 1 December 2009. These regulations must be approved by Parliament before the Act comes into operation or else they will be deemed to have been approved. The Act is to come into operation on 01 April 2010.

The Regulations were tabled in Parliament on 11 February 2010 and referred to the Committee for consideration and report on 18 February 2010. The Committee is fully aware that the Act requires various departments to play a role in the drafting and implementation of the regulations. The Committee is also fully aware of the challenges around convening meetings of the Inter-Sectoral Committee for Child Justice, but still feels that more could have been done. The relevant departments were given more than a year to get ready for the implementation of the Act. 

The Act furthermore requires the Minister of Justice and Constitutional Development to develop a National Policy Framework for Child justice. This framework must be adopted and tabled in Parliament within two months after the commencement of the Act. The Committee will closely monitor and ensure that the Department complies with the deadline.  

Report to be considered.