1 presentation on social development’s state of readiness in implementation of the child justice...
TRANSCRIPT
1
PRESENTATION ON SOCIAL DEVELOPMENT’S STATE OF READINESS IN IMPLEMENTATION OF
THE CHILD JUSTICE BILL
11-14 MARCH 2008
2
INTRODUCTION
The Child Justice Bill (CJB)• The Bill proposes important changes to the manner in which children in conflict with the law
are managed and dealt with within the criminal justice system.• Since the conceptualization of the Bill the Department of Social Development has strived to
align all its initiatives on children in conflict with the law to the requirements of the Bill.• The Department of Social Development is therefore responsible for the execution of the
following functions stipulated by various legislation including the CJB. Provision of assessments for all arrested children by probation officers -within 48hrs Provision and funding of diversion services Provision of alternatives for children awaiting trial Home based supervision programmes Provision of residential care facilities (Secure Care Facilities) Provision of pre-trial and pre-sentence reports Alternative sentencing options Prevention services and programmes to strengthen existing capacity and opportunities for
children Early intervention services to prevent children entering into the Criminal Justice System
3
SUPPORTING LEGISLATION
• The Department renders services to children in conflict with the law based on legislative mandates such as the following:
• Probation Services Amendment Act,2002: Section 4B states that any arrested child who has not been released shall be
assessed by a probation officer as soon as reasonably possible, but before his or her first appearance in court in terms of section 50( l) (c) of the Criminal Procedure Act, 1977 (Act No. 51 of 1977): Provided that if the child has not yet been assessed when brought before the court, the court may authorise the extension of the period within which the assessment must take place by periods not exceeding seven days at a time following his or her first court appearance.”
Section 4A refers to appointment of assistant probation officers and their duties• Children’s Act 38 of 2005 and the Amendment Bill of 2006: Chapter 8(s) 143 (sub section 1) a-b: provision of prevention programme (sub section 2) a-b: early intervention programmes Chapter 13 refers to establishment of Residential Care Facilities and
programmes.
4
NUMBER OF PERSONNEL PER PROVINCE
PROVINCE PO APO VAPO
North West 18 16 0
Free State 14 18 15
KZN 49 38 0
Limpopo 39 03 11
Gauteng 75 62 04
N Cape 75 23 13
Mpumalanga 18 35 12
E Cape 118 92 38
W Cape 54 36 0
TOTAL 484 264 55
5
Number of Secure Care Facilities
Province Name and location Capacity Planned
MPUMALANGA Hendrina Child and Youth Care Centre
Under Renovation
60 To built 2 SCC in Ehlanzeni and Nkangala districts
KWAZULU-NATAL
Excelsior Place of Safety in
Pinetown (SC.2)
Valley View Place of Safety in
Sydenham Durban (CR Swart,
Phoenix, Verulum)
Ocean View Place of Safety in
Bluff Durban
Greenfield’s place of Safety in
Greytown
Pata Place of Safety in
Pietermaritzburg
Ngwelezane Place of Safety
74
20
15
10
35
15
To build 4 SCC in following areas : Ladysmith, Durban, Pietermaritzburg and KwaMbonambi
6
Number of Secure Care Facilities
Province Name and location Capacity
Planned
GAUTENG Dyambu Youth
Centre in Randfontein
Walter Sisulu Child
and Youth Care
Centre in Noordgesig
Tutela Place of
Safety in Pretoria
North
350
90
5
New SC to be built in Jabulani
FREE STATE Bloemfontein Secure Care
Matete Matches Secure
Care Centre in Kroonstad
60
40 Qwaqwa with a capacity of 50 boys and 10 girls which will include a one stop centre
7
Number of Secure Care Facilities
Province Name and location Capacity Planned
EASTERN CAPE Enkuselweni Secure Care
Centre in PE (WSC.3)
Erica Child and Youth
Care Centre in PE
Protea Child Care Centre
in PE
Maluti POS/SC
John X Merriman in East
London (SC4)
uMthatha Secure Care
60
50
5
25
25
50
4 SCC in East London, Qumbu,Grahamstown and Aliwal North
8
Number of Secure Care Facilities
Province Name and location Capacity Planned
North West Reamogetswe Secure Care Centre
70 One in Mafikeng
One in Matlosana
One in Rustenburg
9
Number of Secure Care Facilities
Province Name and location Capacity Planned
LIMPOPO Polokwane Secure Care 70 Build one in Malamulele
Build one in Waterberg
NORTHERN CAPE Molehe Mampe Secure
Care Centre in Galeshewe,
Kimberley
Marcus Mbetha Sindisa
Secure Care Centre in
Upington
Lerato Place of Safety in
Kimberley
60
40
50
Two SCC in Namaqua and Pixley
10
Number of Secure Care Facilities
Province Name and location Capacity Planned
WESTERN CAPE Bonnytoun House in
Wynberg, Cape Town
Outeniequa House in
George
The Horizon Youth Centre
in Faure
Vredelust House in Elsies
River
Lindelani Place of Safety,
Stellenbosch
Clanwilliam secure Care
Centre
190
77
185
10
60
60
To build 2 SCC in Worcester and Beaufort West
11
INITIATIVES TO SUPPORT IMPLEMENTATION
Monitoring: Database and tracking of children in secure care facilities The department has utilised its allocation of funds from IJS project to purchase
equipment for an Information Management system for secure care data, to make it possible for regional, provincial and national offices to have immediate access to the database of children in secure care and places of safety.
This will address the problem of irregular reporting on children in secure care and those who have been moved from correctional services facilities to secure care, and also control the underutilisation of these facilities.
The training of government and secure care facilities’ officials on the system has been conducted in five provinces with the remaining provinces to be completed by the end of March 2008.
A tender to develop norms and standards, blue print for secure care centres was advertised.
12
INITIATIVES TO SUPPORT cont…
• Diversion Approximately 19 631 children have been diverted during the last financial
year. However a more concerted effort is required to fund NGO’s who are providing these programmes as children are committing more violent crimes and sexual related offences.
Minimum norms and standards on diversion have been developed Audit of all diversion services/programmes conducted and resource
directory will be developed
• Capacity Building and training Capacity building of probation officers on restorative justice, diversion
and assessment procedure is offered continuously to probation officers. In the previous financial year they were trained on restorative justice, diversion, sexual offenders programme, assessment procedures and report writing techniques.
13
INITIATIVES/PLANS TO SUPPORT cont….
HUMAN RESOURCESProbation officers The Department has approximately 484 probation officers who are currently
servicing 388 magisterial courts, 88 high courts and 299 periodical courts.
National and provincial initiatives by the Department to recruit students to study Social Work and Auxiliary Social Work is underway.
Assistant Probation officers
264 APO’s have been appointed to provide services to children in conflict with the law
A volunteer assistant probation officer' programme has been initiated in collaboration with Umsobomvu Youth Fund and the National Youth Service Programme to recruit and train 220 young people as Assistant Probation Officers.
These young people are assisting probation officers in providing services to children in conflict with the law, especially with regard to the implementation of home-based supervision and family finding.
To date 141 VAPO’s have been permanently appointed as Assistant Probation Officers.
14
CONCLUSION
• To date there are 29 fully functioning residential care facilities accommodating children awaiting trial and fourteen (21) new ones are planned.
• The Department has started a recruitment drive for social workers to deliver welfare services and the implementation of the requirements of the Child Justice Bill and other legislations. Bursaries have been made available for students to study Social Work and Auxiliary Social Work.
• The Department has already done substantial work with regard to its readiness for the implementation of the Child Justice Bill( costing of the Bill,appointmentof probation officers,RAR’s ,diversion programmes,Home based supervision and developed national action plan on the areas of responsibility for DSD)
15
THANK YOU