1. 1 Briefing to Portfolio Committee on Women, Youth, Children and People with Disabilities: Policies and programs: Child protection Department of Justice and Constitutional Development: 2 September 2009

2. 2 DoJCD MTSF Key Performance Indictors to protect the rights of children:  Strategic objective 14: Promote and protect the rights of children: –Co-ordinate the implementation of Chapter 4 of Children’s Act, 2005 (Act No 38 of 2005); –Draft National Policy Framework on Child Justice and avail it for comments; –Increase number of children diverted from the formal justice system by 10%.  Strategic objective 15: Restorative Justice: –Ensure draft Restorative Justice Strategy is available for comment to ensure effective management; –Co-ordinate the development of Restorative Justice and programs in civil and criminal stream.

3. 3 DoJCD MTSF Key Performance Indictors to protect the rights of children:  Strategic objective 17: Manage Sexual Offences, Domestic Violence and Maintenance cases: Co-ordinate the implementation of the sexual offences legislation; Draft policy on integrating sexual offences courts into the mainstream courts; Implement National Policy Framework on Sexual Offences; Support establishment and management of the National Register for Sex Offenders; Improve services on domestic violence matters; Develop policy and implementation framework on the Victim’s Charter; Develop policy and co-ordinate implementation of the framework for the Human Trafficking Bill.  Strategic objective 18: Provide adequate Family Law services to protect the interest of children: Finalise 50% of all cases handled by the Family Advocate within six months.

4. 4 Co-ordination of Implementation of Legislation:  Department is lead in the JCPS Cluster in the co-ordination of the implementation of the following legislation and drafting, implementing and monitoring the following policies: Child Justice Act, 2008 (Act No 75 of 2008), through the Intersectoral Child Justice Steering Committee (ISCCJ); Criminal Law Amendment (Sexual Offences and Related Matters Act), 2007, through the Intersectoral Committee on Sexual Offences; Restorative Justice Policy Framework, through the Restorative Justice Task Team;

5. 5 Implementation of Child Justice Act, 2008 (Act No 75 of 2008) The Child Justice Act No 75 of 2008, passed:- By Parliament on the 21 st November 2008. The Act was signed by the President on the 7 th May 2009. The Act will come into operation on 1 st April 2010. All regulations must be tabled by December 2009. National Policy Framework may be tabled by December 2009. Annual Report submitted in 2011 Five year review in 2015

6. 6 Unique features of the Child Justice Act  Principles  Holistic, restorative  Child Centred accountability  Monitoring and Evaluation Oversight Training Review  Operational system on date of implementation

7. 7 Present oversight Committees  National Intersectoral Child Justice Steering Committee (ISCCJ).  Child Justice Act, 2008, now provides mandate for ISCCJ on DG’s level.  Consists of various Government Departments concerned, and includes Lower Court Management Committee of the Judiciary and Legal Aid SA.  Also meets on regular basis with NGO’s (Child Justice Alliance); universities and Chapter Nine institutions, the National House of Traditional Leaders and the Judicial Inspectorate of Prisons.  Supported by nine (9) Provincial Child Justice Fora, chaired by the Regional Heads of the DoJCD in each province and who reports on a monthly basis to the ISCCJ.

8. 8 Implementation: Child Justice Act  Training  Child / Youth Care /One Stop Centres NW KZN  Diversion Policy  National Policy Framework  Indicators  Integrated Case Management Systems (ICMS)  Integrated Justice System  Regulations

9. 9 Overview of impact of work of ISCCJ:  Diversion  Have increased the numbers of children diverted from the criminal justice system: During 2008/09, 17 628 children were diverted  Home-based supervision  Non-Custodial Sanctions  Have decreased sentenced children in detention by 50%  NICRO non-custodial programme 107 children were sentenced to non- custodial sanctions  Referrals to Children’s Court Inquiries  Legal Representation

10. 10 Children’s Act, 2005 (Act No 38 of 2005) and Children’s Amendment Act, 2007 (Act No 41 of 2007)  Background:  Children’s Act Steering Committee chaired by DSD, since 2005/06, which will now form part of the National Child Care and Protection Committee, chaired by DSD.  DoJCD established Children’s Act Working Group, since 2006/07, to plan for, implement and monitor impact of Act in Courts.  146 Children’s clerks currently with an additional 120 clerks to be appointed during 08/09  Infrastructure in place

11. 11 Implementation of Criminal Law Amendment (Sexual Offences and Related Matters) Act, 2007: Inter-sectoral Committee on Sexual Offences National Policy Framework on Sexual Offences Intermediaries Specialisation of Services Training National Register for Sex Offenders: –Current convictions –Historical convictions –Vetting procedures and clearance certificates

12. 12 Implementation of Domestic Violence Act, 1998 (Act No 99 of 1998): Launched Domestic Guidelines for Judiciary during 2008, drafted by Lower Court Management Committee (LCMC) and supported by DoJCD Projects in collaboration with National Prosecution Authority: –Ndabezitha Project, to train traditional leaders and clerks of the court Research: 10 year review of implementation of Domestic Violence Act, 1998 Policy considerations –Change management –Intersectoral social context training –Closer intersectoral management and co-ordination

13. 13 Implementation of Domestic Violence Act, 1998 (Act No 99 of 1998), continued: Operational/ practical challenges identified: –Service of processes –Filing and tracking systems –Referral and support systems Support structure for Victim Empowerment Program: Interim housing – discussions with Department of Human Settlements; Counselling and social assistance – Department of Social Development; Medical and psychological assistance and support – Department of Health; Co-ordination with NGO service providers. Proposed Domestic Violence Task Team. National Policy Framework for Domestic Violence.

14. 14 QUESTIONS ? Thank you.