| (1) |
The Intersectoral Committee is responsible for developing a draft national policy framework, referred to in section 93(1), which must include guidelines for— |
| (a) |
the implementation of the priorities and strategies contained in the national policy framework; |
| (b) |
measuring progress on the achievement of the national policy framework objectives; |
| (c) |
ensuring that the different organs of state comply with the primary and supporting roles and responsibilities allocated to them in terms of the national policy framework and this Act; |
| (d) |
monitoring the implementation of the national policy framework and this Act; and |
| (e) |
the establishment of an integrated information management system to enable effective monitoring, analysis of trends and interventions, to map the flow of children through the child justice system and to provide quantitative and qualitative data relating, among others, to— |
| (i) |
arrest or methods of securing attendance at criminal proceedings; |
| (iii) |
preliminary inquiries; |
| (v) |
children awaiting trial; |
| (ix) |
appeals and reviews; |
| (x) |
sexual offences committed by children; |
| (xi) |
children who lack criminal capacity as provided for in section 7(1); and |
| (xii) |
any other relevant factor. |
| (2) |
The Intersectoral Committee may make recommendations to the Cabinet member responsible for the administration of justice with regard to the amendment of the national policy framework. |
| (3) |
The Cabinet members responsible for the administration of justice, safety and security, correctional services, social development, education and health must, not later than 30 September of every year— |
| (a) |
after the commencement of section 19 of the Judicial Matters Amendment Act, 2015, each submit reports as prescribed, to Parliament, by each Department or institution referred to in section 94(2), on the implementation of this Act; and |
| (b) |
report thereon to a committee or committees of Parliament, sitting jointly or separately, as determined by Parliament. |
[Section 96(3) substituted by section 19 of Act No. 24 of 2015, GG 39587, dated 8 January 2016]
| (4) |
In order for Parliament to review the minimum age of criminal capacity, as provided for in section 8, the Intersectoral Committee must, not later than five years after the commencement of section 5 of the Child Justice Amendment Act, 2019, submit a report to the Cabinet member responsible for the administration of justice, setting out the following: |
| (a) |
The statistics of the following categories of children who are alleged to have committed an offence and the offences they are alleged to have committed: |
| (i) |
children who are 12 years at the time of the commission of the alleged offence; |
| (ii) |
children who are 13 years at the time of the commission of the alleged offence; |
| (b) |
sentences imposed on the children in the categories referred to in paragraph (a), if they were convicted; |
| (c) |
the number of children referred to in paragraph (a) whose matters did not go to trial, as provided for in section 10(2)(b) on the grounds that the prosecutor was of the view that criminal capacity would not be proved and reasons for that decision in each case; |
| (d) |
the number of children referred to in paragraph (a) whose matters were dealt with in accordance with section 11, whether expert evidence was led, and the outcome of each matter regarding the establishment of criminal capacity; |
| (e) |
an analysis of the statistics referred to in paragraphs (a) to (d); and |
| (f) |
a recommendation based on the analysis as to whether the minimum age of criminal capacity should remain at 12 years as provided for in section 7(1) or whether the minimum age of criminal capacity should be raised. |
[Section 96(4) substituted by section 23 of the Child Justice Amendment Act, 2019 (Act No. 28 of 2019), Notice No. 641, GG43402, dated 4 June 2020 - effective 19 August 2022 per Proclamation Notice 2400, GG46752, dated 19 August 2022]
| (5) |
The Cabinet member responsible for the administration of justice must, on receipt of the report referred to in subsection (4), submit the report to Cabinet for approval, and thereafter to Parliament for consideration. |
Copyright Act, 1978
