Recent Case: Child justice

• Jurisdiction: South Africa
• Author: Mariette Reyneke
• Date: 24 May 2019
• Citation: (2016) 29 SACJ 376
• Published date: 24 May 2019
• Pages: 376-388

Child justice

MARIËTTE REYNEKE

University of the Free State

This contribution focuses on the sentenci ng of children as well as

the arrest and detention of childre n. With regard to the discussion on

sentencing, the relationship between appeal and review proceedings

is highlighted and the factors a sentencing court should keep in mi nd

in the process are also explored. The contribut ion also examines the

courts’ approach towards the role of rehabilitation in determ ining

an appropriate sentence. In the discussion on the arrest of ch ildren,

issues that the police ofcials should keep in mi nd when they exercise

their discretion to arres t a child or not is emphasised, and import ant

guidance provided with regard to decisions per taining to the detention

of children. The role of the best-interests requ irement is also discussed.

1 Sentencing

In S v CS 2016 (1) SACR 584 (WCC) the court highlights the po sition

with regard to review and appeal proceedings to be followed in

instances where juveniles are sentenced. The cour t also stresses the

court’s responsibility to follow the prescriptions of t he Child Justice

Act 75 of 2008 and discusses t he factors that need to be taken into

account in the sentencing process.

In this case, a 15-year-old child was found guilt y of murder

in the regional court. He had shot a man on a motorbike at point-

blank range, without being provoked. He was further found gui lty

of possession of a 9 mm semi-automatic rear m and of nine rounds

of 9 mm ammunition. The regiona l court sentenced the offender to

10 years’ imprisonment on the murder charge, three years’ i mprisonment

for the possession of the rearm and one year’s imprison ment on the

possession of the ammunition charge. The sentences were ordered to

run concurre ntly.

1.1 Review or appeal

On 14 August 2015, an appeal was lodged with the clerk of the court.

The appellant had an automatic right to appeal as he was under 16

years of age at the time of the commission of the cr ime (s 84(1)(a)

of the Child Justice Act). On 17 August 2015, the matter was remitted

for an automatic review in terms of s 85 of the Child Justice Act and

376 SACJ . (2016) 3

(2016) 29 SACJ 376

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