Source: (2012) Potchefstroom Electronic Law.Journal. 15(5):436-475.

The rights in section 28 were at least in part informed by international agreements with respect to children. The most important of these is the United Nations Convention on the Rights of the Child (hereafter referred to as "the Convention"). South Africa had already signed and ratified this agreement when the Constitution came into effect, but the country had not yet complied with everything the Convention required of its signatories." The government then requested the South African Law Commission to investigate child justice in South Africa. Less than a decade later, this investigation culminated in the Child Justice Act 75 of 2008 (hereafter referred to as "the Act"). The Act establishes a criminal justice system for child accused, separate from the criminal justice system, which continues to apply for adult accused. (excerpt)