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Briefing to Select Committee on Women, Children and People with

Disabilities: Policies and programs: Child

protection

Department of Justice and

Constitutional Development: 28

August 2009

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DoJCD MTSF Key Performance Indictors to protect the rights of

children: Strategic objective 14: Promote and protect the

rights of children:– Co-ordinate the implementation of Chapter 4 of

Children’s Act, 2005 (Act No 38 of 2005);– Draft National Policy Framework on Child Justice

and avail it for comments;– Increase number of children diverted from the

formal justice system by 10%;

Strategic objective 15: Restorative Justice:– Ensure draft Restorative Justice Strategy is

available for comment to ensure effective management;

– Co-ordinate the development of Restorative Justice and programs in civil and criminal stream;

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DoJCD MTSF Key Performance Indictors to protect the rights of

children: Strategic objective 17: Manage Sexual Offences,

Domestic Violence and Maintenance cases:• Co-ordinate the implementation of the sexual offences

legislation;• Improve services on domestic violence matters;• Develop policy and implementation framework on the

Victim’s Charter;• Develop policy and co-ordinate implementation of the

framework for the Human Trafficking Bill;• Draft policy on integrating sexual offences courts into the

mainstream courts;• Implement National Policy Framework on Sexual

Offences;• Support establishment and management of the National

Register for Sex Offenders.

Strategic objective 18: Provide adequate Family Law services to protect the interest of children:• Finalise 50% of all cases handled by the Family Advocate

within six months.

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Establishment of Chief Directorate: Promotion of the Rights of

Vulnerable Groups within the Court Services Branch of the Department

of Justice and Constitutional Development Mandate of Chief Directorate:

Purpose: The development, implementation, monitoring and

evaluation of impact of policy, legislation and strategies for the improvement of service delivery in the DoJCD and the courts, in order to:

• Promote Access to Justice and Protect the Rights of Vulnerable Groups; and

• Co-ordinate relevant JCPS Cluster-functions. Functions:

Policy and strategy development, implementation and monitoring for the improvement of service delivery in the following:

• Victim Support and Specialised Services;• Child Justice and Children; and• Marriage and Family Law.

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Areas prioritised during 2008/09 and 2009/10:

Department has prioritised the following areas, to ensure children’s rights are prioritised and protected:• Children, includes children in criminal and civil streams;• Maintenance; and• Domestic Violence • Sexual Offences.

Department is lead in the JCPS Cluster in the co-ordination of the implementation of the following legislation and drafting, implementing and monitoring the following policies:• Child Justice Act, 2008 (Act No 75 of 2008), through the

Intersectoral Child Justice Steering Committee (ISCCJ);• Criminal Law Amendment (Sexual Offences and Related

Matters Act), 2007, through the Intersectoral Committee on Sexual Offences;

• Restorative Justice Policy Framework, through the Restorative Justice Task Team;

• Trafficking Bill, through the Trafficking Task Team.

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Budgets for 2009/10:

Budgets for implementation of Children’s Act, 2005:• Department has requested additional budgets as

a UPP from National Treasury as from 2008/09, and have received the minimal amount of funding.

• Department needs at least R300 million to start implementing fully, but could only allocate R19 million for the 2009/10 financial year.

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Implementation of Child Justice Act, 2008 (Act No 75 of 2008)

The Child Justice Act No 75 of 2008, passed:-• By Parliament on the 21st November 2008.• The Act was signed by the President on the 7th

May 2009.• The Act will come into operation on 1st April

2010.

• All regulations must be tabled by December 2009.

• The National Policy Framework may be tabled by December 2009.

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Present oversight Committees

National Intersectoral Child Justice Steering Committee (ISCCJ).

Child Justice Act, 2008, now provides mandate for ISCCJ on DG’s level.

Consists of various Government Departments concerned, and includes Lower Court Management Committee of the Judiciary and Legal Aid SA.

Also meets on regular basis with NGO’s (Child Justice Alliance); universities and oversight bodies such as the Human Rights Commission and the Public Protector; the National House of Traditional Leaders and the Judicial Inspectorate of Prisons.

Supported by nine (9) Provincial Child Justice Fora, chaired by the Regional Heads of the DoJCD in each province, who do sharpshooting and who reports on monthly basis to the ISCCJ.

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Overview of impact of work of ISCCJ:

Have increased the numbers of children diverted from the criminal justice system:• According to the NPA, during 2007/08, 18 817 children

were diverted from the mainstream criminal justice system, whilst in 2008/09, 17 628 children were diverted.

Have developed non-custodial sanctions’ programs for children and other vulnerable offenders in a pilot project in 5 Magisterial Districts during 2008/09, which results will now be incorporated into the National Policy Framework for Child Justice.

Has resulted in encouragement to sentence children to Restorative Justice and Non-custodial Sanctions rather than direct imprisonment, which in turn, leads to less recidivism.

According to NGO statistics, only approximately 10 to 15% of children who have been diverted or sentenced to non-custodial sanctions, re-offend.

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Overview of impact of work of ISCCJ continued:

ISCCJ has supported the Department of Social Development to encourage the placement of children awaiting trial in secure care facilities and home-based supervision, rather than in prison. At this point in time, approx 3000 children await trial in Secure Care Facilities on a monthly basis, whilst less than 1000 await trial in prison.

The DoJCD in consultation with the other ISCCJ role-players, has established two (2) One Stop Child Justice Centres in Mangaung (Bloemfontein) and Nerina (Port Elizabeth).

Mangaung piloted the preliminary inquiry, which will take place in place of first court appearance for all children arrested and charged, with an outcome of only 7 to 15% of children who need to go on to full trials.

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Successes of such inter-sectoral and inter-cluster Committees:

Numbers of children awaiting trial in detention have decreased by 50% from 2002 to 2009, mostly for serious and violent crimes;

Supported National Department of Social Development to promote the placement of children in Secure Care Facilities and Home-based Supervision rather in prison;

Have increased the usage of diversion programs for children in conflict with the law, where children acknowledge responsibility and can be assisted not to offend again;

LASA have appointed specialised children’s attorneys for all children in conflict with the law, and represented 87% of children arrested and charged during the last financial year;

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Successes of such inter-sectoral and inter-cluster Committees:

Piloted Non-custodial Sanctions in 5 Magisterial Districts during 2008/09, which will now form part of National Policy Framework on Child Justice;

Successfully supported Child Justice Bill and policy proposals through Parliament during 2008;

Attended with Portfolio Committee’s Oversight Visits during 2008 and attended to their requests.

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Non-custodial sanctions’ pilot project in 5 Magisterial Districts: February

2008 to March 2009: Source: Project statistics received from NICRO:

Numbers of cases referred for assessment

Number of cases recommended to programs

Number of offenders placed on NCS programs

Number of offenders who have successfully completed the NCS programs

292 184 107 15

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Children’s Act, 2005 (Act No 38 of 2005) and Children’s Amendment

Act, 2007 (Act No 41 of 2007) Background:

DoJCD has taken part in Children’s Act Steering Committee chaired by DSD, since 2005/06, which will now form part of the National Child Care and Protection Committee, chaired by DSD.

DoJCD established Children’s Act Working Group, since 2006/07, to plan for, implement and monitor impact of Act in Courts.

Draft National Implementation Plan, consolidated and submitted during June 2009.

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Children’s Act, 2005 (Act No 38 of 2005) and Children’s Amendment

Act, 2007 (Act No 41 of 2007) Background:

Unfunded Priority Project-funds requested from National Treasury, during 2008/09 and again 2009/10, to enable full implementation in 366 Magistrates’ Courts and Family Advocates’ Offices.

Regular National Workshops convened with Regional Heads of the DoJCD and relevant National Working Group-members, to discuss the implications and progress of the National Implementation Plan and the draft regulations for the DoJCD.

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Responsibilities for DoJCD:

Children’s Courts: Chapter 4 of Children’s Act, 2005; Parental rights and responsibilities’ agreements and

parenting plans: Chapter 3 of Children’s Act, 2005; Civil Child Abduction; Child Care and Protection:

• Child Care and Protection Orders;• Inputs to Child Protection Register held by DSD.

Foster Care; Adoption and International Adoption; Trafficking of Children; and Child and Youth Care Centres (in co-operation with

Department of Social Development).

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Further initiatives by DoJCD: Sexual Offences

• Investigation into appointment and management of intermediaries in Sexual Offences matters in Regional Courts and children’s court hearings in Children’s Courts

• DoJCD has done two (2) audits in conjunction with the NPA and other relevant Government Departments regarding the need for intermediaries in courts, and whilst the policy decisions are receiving attention

• DoJCD has made funds available for the appointment of a further 71 intermediaries countrywide totalling 230 Intermediaries countrywide

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Further initiatives by DoJCD: Domestic Violence

• Guidelines for Magistracy • Ndabizetha project • Undertaken research reviewing ten years of the

implementation of the Domestic Violence Act

Maintenance:• Appointed Maintenance Investigators,

Maintenance Officers and Maintenance Clerks in maintenance courts;

• Piloted mediation training for clerks in Pretoria and Johannesburg, to reduce and prevent acrimony impacting on children

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Challenges

Rights-based approach joint budgeting and prioritisation monitoring & evaluation systems including

indicators for measuring and benchmarking progress

change management Linkages between various Clusters in terms of

Crime Prevention Greater emphasis on prevention Communication Management of Legislation Budgetary allocations

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QUESTIONS ?

Thank you.