1 presentation on social development’s state of readiness in implementation of the child justice...

15
1 PRESENTATION ON SOCIAL DEVELOPMENT’S STATE OF READINESS IN IMPLEMENTATION OF THE CHILD JUSTICE BILL 11-14 MARCH 2008

Upload: osborne-morrison

Post on 03-Jan-2016

218 views

Category:

Documents


3 download

TRANSCRIPT

Page 1: 1 PRESENTATION ON SOCIAL DEVELOPMENT’S STATE OF READINESS IN IMPLEMENTATION OF THE CHILD JUSTICE BILL 11-14 MARCH 2008

1

PRESENTATION ON SOCIAL DEVELOPMENT’S STATE OF READINESS IN IMPLEMENTATION OF

THE CHILD JUSTICE BILL

11-14 MARCH 2008

Page 2: 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

Page 3: 1 PRESENTATION ON SOCIAL DEVELOPMENT’S STATE OF READINESS IN IMPLEMENTATION OF THE CHILD JUSTICE BILL 11-14 MARCH 2008

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.

Page 4: 1 PRESENTATION ON SOCIAL DEVELOPMENT’S STATE OF READINESS IN IMPLEMENTATION OF THE CHILD JUSTICE BILL 11-14 MARCH 2008

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

Page 5: 1 PRESENTATION ON SOCIAL DEVELOPMENT’S STATE OF READINESS IN IMPLEMENTATION OF THE CHILD JUSTICE BILL 11-14 MARCH 2008

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

Page 6: 1 PRESENTATION ON SOCIAL DEVELOPMENT’S STATE OF READINESS IN IMPLEMENTATION OF THE CHILD JUSTICE BILL 11-14 MARCH 2008

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

Page 7: 1 PRESENTATION ON SOCIAL DEVELOPMENT’S STATE OF READINESS IN IMPLEMENTATION OF THE CHILD JUSTICE BILL 11-14 MARCH 2008

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

Page 8: 1 PRESENTATION ON SOCIAL DEVELOPMENT’S STATE OF READINESS IN IMPLEMENTATION OF THE CHILD JUSTICE BILL 11-14 MARCH 2008

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

Page 9: 1 PRESENTATION ON SOCIAL DEVELOPMENT’S STATE OF READINESS IN IMPLEMENTATION OF THE CHILD JUSTICE BILL 11-14 MARCH 2008

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

Page 10: 1 PRESENTATION ON SOCIAL DEVELOPMENT’S STATE OF READINESS IN IMPLEMENTATION OF THE CHILD JUSTICE BILL 11-14 MARCH 2008

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

Page 11: 1 PRESENTATION ON SOCIAL DEVELOPMENT’S STATE OF READINESS IN IMPLEMENTATION OF THE CHILD JUSTICE BILL 11-14 MARCH 2008

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.

Page 12: 1 PRESENTATION ON SOCIAL DEVELOPMENT’S STATE OF READINESS IN IMPLEMENTATION OF THE CHILD JUSTICE BILL 11-14 MARCH 2008

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.

Page 13: 1 PRESENTATION ON SOCIAL DEVELOPMENT’S STATE OF READINESS IN IMPLEMENTATION OF THE CHILD JUSTICE BILL 11-14 MARCH 2008

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.

Page 14: 1 PRESENTATION ON SOCIAL DEVELOPMENT’S STATE OF READINESS IN IMPLEMENTATION OF THE CHILD JUSTICE BILL 11-14 MARCH 2008

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)

Page 15: 1 PRESENTATION ON SOCIAL DEVELOPMENT’S STATE OF READINESS IN IMPLEMENTATION OF THE CHILD JUSTICE BILL 11-14 MARCH 2008

15

THANK YOU