Justice Department Publishes Guidelines on Transporting Children in Conflict with the Law

Posted 15 July 2026 Written by Acts Online
Category Justice

Brought to you by SA Legal Academy: The Department of Justice and Constitutional Development has issued official guidelines governing the transport of children in conflict with the law, in terms of the Child Justice Act, No. 75 of 2008.

In terms of sub-section 33(2)(c) of the Child Justice Act, No. 75 of 2008, the guidelines establish clear operational parameters for state organs involved in the custody and movement of minors. The document outlines specific, legally binding responsibilities for key public entities to ensure that children are treated in a manner consistent with their constitutional rights and the protective framework of the Act.

The guidelines designate distinct roles for the following state departments:

  • South African Police Service (SAPS): Identified as the primary point of contact between children and the criminal justice system, SAPS officials bear a central responsibility for ensuring compliant transport conditions.
  • Department of Social Development: Responsible for coordinating safe transit to and from child and youth care centres.
  • Department of Correctional Services: Tasked with maintaining strict safety protocols and ensuring complete separation from adult detainees during transit.

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

  • For yourself: No direct individual compliance obligations; however, criminal defense practitioners must familiarise themselves with these standards to identify procedural violations during a client’s transit.
  • For your business: Legal practices and advocacy groups specialising in child justice must update their litigation checklists to monitor state compliance with these transport directives.
  • For your clients: Clients operating in social welfare, private security, or juvenile care sectors must align their hand-over and referral procedures with these clarified departmental mandates.

Originally published at https://legalacademy.co.za/news/read/justice-guidelines-published-on-transporting-children-in-conflict-with-the-law

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