Source: (2000) Pretoria, South Africa: South African Law Commission.
Following ratification in 1995 of the United Nations Convention on the Rights of the Child, the South African Law Commission was requested to research juvenile justice and make recommendations to the South African Minister of Justice for the reform of this particular area of law. The Commission conducted this research through several stages: an Issue Paper published in 1997 for comment; consultation with relevant government and civil society organizations on the basis of the Issue Paper; a follow up comprehensive Discussion Paper in late 1998, accompanied by a draft Bill for reform of juvenile justice; and a series of consultations on the 1998 Discussion Paper with government departments and non-governmental organizations key to juvenile justice. This document from July 2000 constitutes the culmination of the Commission’s research and consultations; it consists of the Commission’s submission to the Minister for Justice and Constitutional Development. The report contains a final proposed draft Child Justice Bill and chapters on the following topics: principles and framework for the legislation; age and criminal capacity; pre-trial procedures; detention of children and release from detention; assessment and referral; diversion; preliminary investigation; court procedures; sentencing; legal representation; appeal, review, and monitoring; and confidentiality and expunging of records.
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