PRESENTATION ON SOCIAL DEVELOPMENT’S STATE OF READINESS IN IMPLEMENTATION OF

THE CHILD JUSTICE ACT

23 FEBRUARY 2010

2

Crime

Reporting

Sentence

Enforce

Investigation

Arrest

Trial

Community

Terminationof

Sentence

ReintegrationRe-unification

DSDServices

Alt sentencing

Reception, assessment & referral Diversion

Victim support

Secure Care

IntermediaryProbation services

Substance abuse

Child protection

Social crime Prev

Detention

DSD’S RESPONSIBILITIES IN TERMS OF CJA

• Provision of assessments for all arrested children by probation officers -

within 48hrs

• Provision and funding of diversion services

• Provision of alternatives for children awaiting trial

• Home based supervision programmes

• Provision of residential care facilities (Secure Care Facilities)

• Provision of pre-trial and pre-sentence reports

• Alternative sentencing options

• Prevention services and programmes to strengthen existing capacity and

opportunities for children

• Early intervention services to prevent children from getting deeper into the

Criminal Justice System

SUPPORTING LEGISLATION

The Department provides services to children in conflict with the law based on legislative

mandates such as the following:

•PROBATION SERVICES ACT 116 of 1991 AS AMENDED:

Section 4B states that any arrested child who has not been released shall be assessed by a

probation officer as soon as reasonably possible, but before his or her first appearance in court in

terms of section 50( l) (c) of the Criminal Procedure Act, 1977 (Act No. 51 of 1977):

Provided that if the child has not yet been assessed when brought before the court, the court

may authorise the extension of the period within which the assessment must take place by periods

not exceeding seven days at a time following his or her first court appearance.”

Section 4A refers to appointment of assistant probation officers and their duties

•CHILDREN’S ACT 38 OF 2005 AS AMENDED:

Chapter 8(s) 143 (sub section 1) a-b: provision of prevention programme

(sub section 2) a-b: early intervention programmes

Chapter 13 refers to establishment of Residential Care Facilities and programmes.

HUMAN RESOURCES

PROBATION OFFICERS

The Department has currently appointed 484 full time probation officers servicing all courts in the country.

These numbers exclude Social Workers who perform probation services as part of their generic work and not

as a speciality

ASSISTANT PROBATION OFFICERS

360 APO’s have been appointed to provide services to children in conflict with the law, in support of the

Probation Officers in terms of Probation Services Act, no 35 of 2002 as amended

VOLUNTEER ASSISTANT PROBATION OFFICERS

To date 55 VAPO’s are still under going training ( leadership programme) FET in probation done by the

University of the Western Cape.

NUMBER OF PERSONNEL PER PROVINCE

PROVINCE PO APO VAPO

North West 18 16 0

Free State 14 18 15

KZN 41 plus 27 SW 36 0

Limpopo 39 03 11

Gauteng 75 62 04

N Cape 75 23 13

Mpumalanga 18 35 12

E Cape 118 130 0

W Cape 54 36 0

TOTAL 476 360 55

SECURE CARE CENTRES

• To date there are 33 fully functioning residential care facilities accommodating children awaiting trial, six ( 6) newly built with a bed capacity of sixty each( 320 capacity) and awaiting operationalization and eighteen (18) new ones are planned with an additional capacity of 1080

• The total capacity: over the MTEF will be 3808 inclusive of six newly built and 18 planned facilities

• The department also developed blue print, norms and standards for secure care to standardize services

• RECEPTION,ASSESSMENT AND REFERRAL CENTRES• In addition DSD has established 53 Reception Assessment Referral

Centres (RAR’s) to ensure assessment of children within 48hrs

• These RAR ‘s centres are located within district courts, Police stations and DSD offices

• ONE STOP CHILD JUSTICE CENTRE• The department also provide services at the two one stop child centre in

Mangaung and Nerina run by department of justice and constitutional development

21/04/23 8

SECURE CARE CENTRES

PROVINCE BED SPACE CAPACITY

NAME AND LOCATION OF FACILITY

EASTERN CAPE 215 Enkuselweni-PE, Erica Child and Youth Care –PE, Protea Child and Care Centre- PE Sikhuselekile-Umthata, John X Merriman- East London-EL

GAUTENG 730 Mogale Youth Centre-Randfontein, Walter Sisulu Child and Youth Care Centre-

Noordgesig, Father Smangaliso Mkhatshwa (Protem Detention Centre- Cullinen)

MPUMALANGA 60 Hendrina

KZN 169 Excelsior SC- Pinetown Ocean View POS Valley View POS Greenfields POS-Pietermaritzburg

Pata POS- Pietermaritzburg Ngwelezane POS

LIMPOPO 190 Polokwane Secure Care and Malamulele

N/CAPE 241 Molehe Mampe Secure Care Centre, Marcus Mbetha Sindisa-Upington

Lorato POS-Kimberly,Namaqua secure care

FREE STATE 90 Bloemfontein Secure Care, Matete Matches Secure Care-Kroonstad

NORTH WEST 131 Reamogetswe SC- Brits, Mafikeng SC, Matlosana SC, Rustenburg SC

WESTERN CAPE 582 Bonnytoun House-Wyneberg, Outeniekwa House-George, The Horizon Youth Centre-Faure, Vredelust House – Elsies River, Lindelani POS- Stellenbosch

Clanwilliam SC

TOTAL 2408

DSD’s readiness planAction step Due date progress

Development of Diversion Accreditation Framework(section 56(2))

March 31 •DSD has appointed a service provider to develop national diversion policy framework on diversion services. To date substantial work has been done and a zero draft has been consulted. A hard copy of proto-type accreditation system is in place.

•The final draft will be ready by end of March 2010 .It is anticipated that the Diversion Policy Framework will be tabled during June 2010.Letter requesting extension was submitted for Minister’s consideration .

•National Resource Directory (Manual) on diversion service providers is in place.• An audit of diversion programmes conducted in all provinces to identify gaps•Currently the department provides diversion programmes in partnership with the NGO’s in all nine provinces, however there are still gaps and challenges interms of equity and distribution of services

DSD’s readiness plan cont..

Action step Due date progress

DIVERSION REGISTER April 2010

• The department has developed a

Diversion register iro children whom a

diversion order has been made.

•Register for children under 10 years was

also developed

(From April 2009 to January 2010 18 495

children have been diverted)

INFORMATION MANAGEMENT SYSTEM

( IJS FUNDING)

Child and Youth Care Application ( CYCA) and

Institute Administrative System (IAS)

developed -centralized electronic application

systems used in residential care facilities. With

this system DSD is able to:

•Provide bed space availability in secure care

centres and statistics

Approximately 18 495 children have been diverted

since April to January 2010. However a more concerted

effort is required to fund NGO’s who are providing these

programmes as children are committing more violent

crimes and sexual related offences.

Audit of all diversion services/programmes conducted

and a national resource directory developed

As per requirement of the CJA the Department has

developed an electronic diversion register

DSD’s readiness plan cont..Action step Due date progress

Training /capacity

building

•Probation practice guidelines developed in partnership with UNICEF targeting Probation practitioners; Assistant Probation Officers and Child and Youth Care Workers.•Training of 75 master trainers in all provinces. •Training of 180 probation practitioners in nine provinces to commence in March 2010.

DSD’s readiness plan cont..Action step Due date progress

Training /capacity

building

March 2010

•Capacity building of probation officers on

restorative justice, report writing techniques,

sexual offenders programme, diversion

norms and standards and assessment

procedures is offered on an ongoing basis

to probation officers in all the nine

provinces.

•Training of probation practitioners on the

Child Justice Act commenced in all

Provinces and will be finalized by end of

February 2010.

CHALLENGES

DSD still needs 484 probation officers( which includes supervisors and district

coordinators) and 772 APO’s to strengthen child justice services in provinces

over the MTEF period

Two national sector bids submitted to treasury through the cluster without

success, hence there was no additional allocation to appoint more personnel

and expansion of diversion programmes in under serviced areas

Under utilization of Secure Care, at the given time there is 600 bed space

availability

Accessibility of these facilities interms of location, distance poses challenges to

other role players

More children are committing serious and violent crimes at a very young age

PLANS TO ADRESS CHALLENGES

DSD will continue to submit requests for additional funding to treasury

Continue with the scholarship programme to recruit more social workers and

learnership for Social Auxiliary Workers

Marketing of the facilities and services available within criminal justice system

including the norms and standards and the blue print

Proper consultation and agreement with regard to sites with key stakeholders

within the criminal justice and municipalities

DSD developed Social Crime Prevention Strategy to strenghten prevention and

early intervention, and after and reintegration programmes

NDZA KHENSA