ATC240228: Report of the Portfolio Committee on Justice and Correctional Services on Draft Amendments to Directives, Submitted to Parliament for Approval, in terms Of the Child Justice Act, 2008 (Act No. 75 Of 2008), Dated 28 February 2024
Justice and Correctional Services
Report of the Portfolio Committee on Justice and Correctional Services on Draft Amendments to Directives, Submitted to Parliament for Approval, in terms Of the Child Justice Act, 2008 (Act No. 75 Of 2008), Dated 28 February 2024
The Portfolio Committee on Justice and Correctional Services, having considered the Draft Amendments to Directives, submitted to Parliament for approval, in terms of section 97 of the Child Justice Act, 2008 (Act No. 75 of 2008), referred to it, reports as follows:
- On 19 October 2023, Draft Amendments to Directives were submitted to Parliament in terms of section 97 of the Child Justice Act 75 of 2008 (“the Act”) for approval.
- Section 97(4)(a) of the Act provides that the National Director of Public Prosecutions, in consultation with the Minister, must issue Directives. Section 97(4)(b) of the Act provides that the Directives must be submitted to Parliament for approval, before publication in the Gazette.
- The first Directives were submitted to Parliament before the Act commenced and were published on 31 March 2010. The Directives assist the NPA to ensure the effective implementation of the Child Justice Act and provide for a range of matters including; withdrawal of cases, criminal capacity, diversion of matters and trial.
- The NPA has amended the Directives to bring them in line with amendments to the Act, particularly the change to the age of criminal capacity of a child, which was increased from 10 years to 12 years old, as well as some additional amendments.
- The matter was referred to the Committee on 19 October 2023 for consideration and report and the Committee was briefed on the contents of the draft amendments on 21 February 2024.
Recommendation
- Having considered the Draft Amendments to Directives, submitted for approval, in terms of section 97 of the Child Justice Act, 2008 (Act No. 75 of 2008), the Committee recommends that the National Assembly approve them.
Report for consideration.