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)
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