n Annual Survey of South African Law - The law of persons

Volume 2009, Issue 1
  • ISSN : 0376-4605



The Child Justice Act 75 of 2008 was published in 32225 of 11 May 2009. The Act is discussed in the chapter on Criminal Law. For purposes of the Law of Persons it should be noted that the Act raises the minimum age of criminal accountability from seven to ten years (s 7(1) and (3)). A child between ten and fourteen years of age is presumed to be criminally unaccountable (s 7(2) and (3)). Such a child has criminal capacity only if the state proves beyond reasonable doubt that when the alleged crime was committed, the child had the capacity to understand the difference between right and wrong and to act in accordance with that understanding (s 11(1)).

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