(2)
| (a) |
The Cabinet member responsible for social development, in consultation with the Cabinet members responsible for the administration of justice, education, correctional services, safety and security and health must— |
| (i) |
create a policy framework to develop the capacity within all levels of Government and the non-governmental sector to establish, maintain and develop programmes for diversion; |
| (ii) |
establish and maintain a system for accreditation, as prescribed, of programmes for diversion and diversion service providers; and |
| (iii) |
ensure the availability of resources to implement diversion programmes, as prescribed. |
| (b) |
The system for accreditation referred to in paragraph (a)(ii) must contain— |
| (i) |
criteria for the evaluation of diversion programmes to ensure that they comply with the minimum standards referred to in section 55; |
| (ii) |
criteria for the evaluation of the content of diversion programmes to ensure that they reflect a meaningful and adequate response to the harm caused by offences committed by children, to achieve the objectives of diversion; |
| (iii) |
mechanisms to monitor diversion programmes and diversion service providers in respect of their ability to render quality service in achieving the objectives of diversion and their ability to promote compliance with diversion orders; |
| (iv) |
measures for the removal of diversion programmes and diversion service providers from the system, where appropriate. |
| (c) |
The Cabinet member responsible for social development must— |
| (i) |
before the commencement of this Act, table the policy framework and system for accreditation referred to in paragraph (a)(i) and (ii) in Parliament; |
| (ii) |
three months after tabling the policy framework and system for accreditation in Parliament, publish a notice in the Gazette, inviting applications for the accreditation of diversion programmes and diversion service providers, as provided for in the policy framework and system for accreditation referred to in Subparagraph (i), which applications must be submitted within four months from the publication of the notice; |
| (iii) |
within four months of the closing date for applications referred to in subparagraph (ii), ensure that all applications received are considered and decided on, with preference being given to the finalisation of applications in respect of diversion programmes and diversion service providers which existed at the time of commencement of this Act. |
| (d) |
After the expiry of the time limits referred to in paragraph (c), all applications for accreditation must be dealt with in the manner and within the time limits determined in the policy framework and system for accreditation. |
| (e) |
The Cabinet member responsible for social development must issue a prescribed certificate of accreditation to each diversion programme and diversion service provider that is accredited in terms of this section. |
| (f) |
A certificate of accreditation referred to in paragraph (e) is valid for a maximum period of four years from the date of accreditation. |
| (g) |
A quality assurance process must be conducted in the prescribed manner in respect of each accredited diversion programme and diversion service provider. |
(3)
| (a) |
The Cabinet member responsible for social development must publish the particulars of each diversion programme and diversion service provider that is accredited or removed from the system in terms of this section in the Gazette within 30 days of accreditation or removal. |
| (b) |
The Director-General: Social Development must, immediately after any publication referred to in paragraph (a), provide a copy of the publication to— |
| (i) |
the relevant role-players falling under his or her jurisdiction; and |
| (ii) |
the Director-General: Justice and Constitutional Development, who must distribute the publication to all relevant role-players who are involved in the administration of this Act. |
(4)
| (a) |
The Cabinet member responsible for social development may delegate any power or assign any duty conferred on or imposed upon him or her by this section to any member of the Executive Council of a province responsible for welfare services, except the powers and duties referred to in subsection (2)(a). |
| (b) |
A delegation or an assignment in terms of paragraph (a)— |
| (i) |
is subject to any limitation, condition and direction that the Cabinet member responsible for social development may impose; |
| (ii) |
must be in writing; and |
| (iii) |
does not divest the Cabinet member responsible for social development of the responsibility concerning the exercise of the power or the performance of the duty. |
| (c) |
The Cabinet member responsible for social development may— |
| (i) |
confirm, vary or revoke any decision taken in consequence of a delegation or assignment in terms of this section, subject to any rights that may have accrued to a person as a result of the decision; and |
| (ii) |
at any time withdraw a delegation or assignment. |
[Section 56(4) inserted by section 3 of Act No. 14 of 2014 - effective 1 December 2017 (Proclamation No. 40 of 2017)]
Public Service Commission Act, 1997
