Child Justice Act: New Directive on Age Assessment and Diversion Procedures

Posted 10 July 2026 Written by Acts Online
Category Justice

Brought to you by SA Legal Academy: The Department of Justice and Constitutional Development has issued a new directive under the Child Justice Act, No. 75 of 2008, addressing key procedural matters, including age assessment errors and the implementation of diversion programmes.

The directive, issued in terms of the statutory powers vested in the Department, aims to streamline the application of the Child Justice Act, No. 75 of 2008. It specifically targets administrative and procedural bottlenecks that have historically hindered the effective execution of the Act’s objectives.

Key areas addressed by the directive include:

  • Erroneous Age Assessments: Establishing clearer protocols for correcting age estimation errors when a person’s status as a child is disputed or incorrectly recorded during initial proceedings.
  • Diversion-Related Issues: Standardising the referral, monitoring, and compliance tracking of diversion options to ensure children are effectively diverted from the formal criminal justice system where appropriate.
  • Procedural Compliance: Reinforcing the duties of designated child justice officers, probation officers, and clerk of the court personnel during preliminary inquiries.

What this means for you, your business, or your clients

  • For yourself: No direct individual compliance obligations; however, legal practitioners must familiarise themselves with the updated procedural steps for age disputation and diversion applications.
  • For your business: Legal practices and advocacy firms dealing with family law or criminal defense must update their internal case management templates to align with the directive’s streamlined procedural requirements.
  • For your clients: Clients who are minors, or families of minors facing charges, will benefit from more structured and legally compliant age assessment and diversion processes, reducing the risk of procedural delays or unlawful detention.

Originally published at https://legalacademy.co.za/news/read/child-justice-directive-issued-on-range-of-procedural-and-other-matters

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