oa Article 40 - An appraisal of the NDPP's section 97(4) Directives of 2010

Volume 13, Issue 1
  • ISSN : 1562-4382



In March 2010, the National Director of Public Prosecutions (NDPP), in consultation with the Minister for Justice and Constitutional Development, issued Directives in terms of section 97(4) of the Child Justice Act 75 of 2008 (the Act). According to the Act, the Directives are to cover 'all matters reasonably necessary or expedient' in order to facilitate the realisation of the objectives of the Act. Such matters include diversion, particularly the standards thereof and the factors to be considered when selecting a diversion option, diversion with respect to persons who were beyond the age of 18 years, but below 21 years at the time they are issued with summons, written notice or are arrested, and prosecutorial diversion before the preliminary inquiry. The Directives are also meant to address the manner in which matters are to be dealt with where an error as to age has been discovered subsequent to the matter being diverted, and to set out the exceptional circumstances in which a matter relating to schedule 3 offences may be diverted.

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