| (1) |
The Cabinet member responsible for the administration of justice, after consultation, where appropriate, with the Cabinet members responsible for social development, safety and security, education, correctional services and health, may make regulations regarding any matter which is required or permitted by this Act to be prescribed by regulation or any other matter which is necessary or expedient to prescribe in order to achieve the objects of this Act. |
| (2) |
The regulations referred to in subsection (1) must be tabled in Parliament for approval. |
| (a) |
The Cabinet member responsible for the administration of justice must by notice in the Gazette— |
| (i) |
determine the persons or the category or class of persons who are competent to conduct the evaluation of the criminal capacity of a child referred to in section 11(3); and |
| (ii) |
in consultation with the Cabinet member responsible for finance, determine the allowances and remuneration of those persons. |
| (b) |
Different categories or classes of persons may be determined for the purposes of the different aspects of development of a child referred to in section 11(2)(b). |
| (c) |
Different allowances and tariffs of remuneration may be determined for the persons referred to in paragraph (a), according to their calling, occupation and stations in life. |
[Section 97(3) substituted by section 6 of Act No. 14 of 2014 - effective 1 December 2017 (Proclamation No. 40 of 2017)]
(4)
| (a) |
The National Director of Public Prosecutions must, in consultation with the Cabinet member responsible for the administration of justice, issue directives— |
| (i) |
regarding all matters which are reasonably necessary or expedient to be provided for in order to achieve the objectives of this Act, including diversion, the minimum standards applicable thereto and the factors to be considered when selecting a diversion option, and in particular the following: |
| (aa) |
The diversion of matters in the case of accused persons who, at the time referred to in section 4(1)(b), were 18 years or older but under the age of 21 years, as provided for in section 4(2); and |
| (bb) |
the diversion of matters by a prosecutor in respect of minor offences before a preliminary inquiry in terms of Chapter 6; |
| (ii) |
regarding the manner in which matters must be dealt with where an error as to age has been discovered subsequent to the matter being diverted as referred to in section 16; and |
| (iii) |
determining the exceptional circumstances in which a matter may be diverted, as provided for in section 52(3). |
| (b) |
The Cabinet member responsible for the administration of justice must submit directives issued under this subsection to Parliament for approval, before publication in the Gazette. |
| (c) |
The first directives so issued must be submitted to Parliament before the commencement of this Act. |
| (d) |
Any directive issued under this subsection may be amended or withdrawn. |
| (i) |
include training on the directives referred to in this subsection; |
| (ii) |
include social context training in respect of child justice; and |
| (iii) |
provide for and promote the use of uniform norms, standards and procedures, to ensure that all prosecutors are able to deal with child justice matters in an appropriate, efficient and sensitive manner. |
(5)
| (a) |
The National Commissioner of the South African Police Service must, after consultation with the Directors-General: Social Development, Justice and Constitutional Development and Education and the National Commissioner of Correctional Services, issue national instructions regulating— |
| (i) |
the attendance of and assistance by a parent, an appropriate person or a guardian when a child makes a confession, an admission, during a pointing-out or during the holding of an identity parade; |
| (ii) |
all aspects relating to the arrest of a child which are not regulated in section 20 and which, in the opinion of the National Commissioner, require regulation in order to give full effect to that section, including what constitutes compelling reasons justifying an arrest in the case of offences referred to in Schedule 1 and the procedures to be followed when notifying a child's parent, an appropriate person or a guardian of the arrest; |
| (iii) |
all aspects relating to the service of a summons which are not regulated in section 19 and which, in the opinion of the National Commissioner, require regulation in order to give full effect to that section; |
| (iv) |
all aspects relating to a written notice by a police official which are not regulated in sections 18 and 23 and which, in the opinion of the National Commissioner, require regulation in order to give full effect to that section; |
| (v) |
which are not regulated in section 28 and which, in the opinion of the National Commissioner, require regulation in order to give full effect to that section; |
| (vi) |
all aspects relating to the treatment and conditions of children while in detention at a police cell or lock-up, preliminary inquiry or at a court which are not regulated in sections 28 and 33 and which, in the opinion of the National Commissioner, require regulation in order to give full effect to that section, including the provision of adequate exercise at police cells and the transportation of children to and from court; |
| (vii) |
all aspects relating to locating a parent, appropriate person or guardian for purposes of attending an assessment as provided for in section 38(6) in order to give full effect to that section; |
| (viii) |
the manner in which police officials must furnish a report as provided for in section 22(2); and |
| (ix) |
the issuing of a certificate expunging the criminal record of a child referred to in section 87(5)(b). |
| (b) |
The Cabinet member responsible for safety and security must— |
| (i) |
submit any national instructions provided for in this subsection to Parliament 30 days before they arc issued; and |
| (ii) |
after the expiry of the 30-day period publish them in the Gazette. |
| (c) |
The first national instructions so issued must be submitted to Parliament before the commencement of this Act. |
| (d) |
Any national instructions issued under this subsection may be amended or withdrawn. |
| (e) |
The National Commissioner of the South African Police Service must develop training courses which must— |
| (i) |
include training on the national instructions referred to in this subsection; |
| (ii) |
include social context training in respect of child justice; and |
| (iii) |
provide for and promote the use of uniform norms, standards and procedures, |
to ensure that all police officials are able to deal with child justice matters in an appropriate, efficient and sensitive manner.
(6)
| (a) |
The Director-General: Social Development or any person designated by him or her must keep a register, as prescribed, of children in respect of whom a decision has been made and recorded by a probation officer in terms of section 9(6). |
| (b) |
The register referred to in paragraph (a) must include the following: |
| (i) |
The personal details of each child; |
| (ii) |
details of the offence in relation to which the decision was made; |
| (iii) |
the decision that was made in respect of the child; and |
| (iv) |
particulars of the child's compliance with the decision, if applicable. |
| (c) |
Access to the register must be limited, as prescribed, to persons or organizations requiring the information for the purposes of record—keeping, monitoring and research. |
| (7) |
For the purposes of section 29, the Director-General: Social Development must, from time to time, provide the Director-General: Justice and Constitutional Development and the National Commissioner of the South African Police Service with all relevant information relating to— |
| (b) |
the amenities and features of each centre; and |
| (c) |
the level of security offered by each centre. |
| (8) |
The Directors-General: Social Development and Health and the National Commissioner of Correctional Services must each develop training courses which must— |
| (a) |
include training on issues relevant to the respective departments as provided for in this Act; |
| (b) |
include social context training in respect of child justice; and |
| (c) |
provide for and promote the use of uniform norms, standards and procedures, |
to ensure that all officials in their departments are able to deal with child justice matters in an appropriate, efficient and sensitive manner.
| (9) |
The directives or national instructions provided for in this section must ensure that adequate steps are taken against any functionary who fails to comply with any duty imposed on him or her in terms of this Act. |
| (10) |
If Parliament is required in terms of any provision of this Act to approve any regulations, directives or national instructions, Parliament must do so within six months of those being tabled in Parliament, failing which they will be deemed to have been approved by Parliament. |
Basic Conditions of Employment Act, 1997
