oa Article 40 - Ideals, obstacles & the way forward after one year of the CJA : diversion at USIKO

Volume 13, Issue 2
  • ISSN : 1562-4382



The implementation of the Child Justice Act (CJA) from April 2010 was regarded as a major step in addressing the rights of the estimated 100 000 South Africa children who are charged each year in connection with crime. This law would also benefit the communities they reside in through the practice of restorative justice. Prior to the enactment of the CJA, the law governing child offenders and its constituent stakeholders, could not adequately ensure that children's basic constitutional rights would be upheld when in conflict with the law. Various problems within the law at that time complicated the process of justice for all affected parties: the young offenders, their victims, presiding and police officers, and staff in the different layers of the judiciary system.

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