PROTECTING CHILDREN IN CONFLICT WITH THE LAW

By Cuma Pantshwa 

• The Department of Social Development (DSD) is focusing on the unique needs of children in conflict with the law, recognising them as a highly vulnerable group requiring specialised care and support.
• Following a report by the South African Human Rights Commission (SAHRC) identifying gaps in the current secure care policy, DSD officials and secure centre managers are convening to address these issues and align policies with the Children’s Act.
• The two-day session aims to update the 2010 policy blueprint to reflect current challenges, ensuring comprehensive protection and rehabilitation for children in secure care.

Children in conflict with the law are among the most vulnerable groups, necessitating targeted attention and care. Recognising this, the Department of Social Development (DSD) is holding a two-day session where coordinators and secure centre managers are discussing the importance of supporting these children. This meeting comes after the South African Human Rights Commission (SAHRC) identified anomalies in the protection and care provided to these children.

The SAHRC report highlighted that the 2010 blueprint, norms, and standards for secure care were not fully aligned with the Children’s Act Regulations. In response, the DSD and all provincial representatives developed an implementation plan in September 2023 to address these findings, with the first progress report submitted in May 2024.

Opening the session, Mr Sibusiso Malope, Acting Chief Director for Families and Social Crime Prevention at DSD, emphasised the grave responsibility of serving this vulnerable constituency. He stressed the need for comprehensive attention and rehabilitation to break the cycle of crime and support the children’s reintegration into society.

Mr Simphiwe Nzama from the Gauteng Provincial Office expressed optimism for the session, noting the need for the current document to address today’s challenges. He highlighted that the nature of crimes committed by children entering secure centres has evolved since 2010, necessitating updates to the policy.

Mr Steven Maselesele, Director of Social Crime Prevention, underscored the importance of protecting children’s rights as provided for in section 28 of the Constitution. He called for a thorough examination of existing policies, including the Children’s Act, the Child Justice Act, and the 2010 blueprint, norms, and standards policy. The goal is to identify gaps and ensure integrated, effective legislative guidelines for all DSD Secure Care Centres.

The session also addressed various challenges faced by centre managers, including security issues, the need for nursing services, vocational training, education, language barriers for foreign children, shared facility infrastructure, and mental health concerns.

The outcome of the session will be the formulation of updated regulations, which will be consulted upon and eventually gazetted for further public consultation.