Govt raises age of criminal incapacity to 12
An amendment to the Child Justice Act has seen the Department of Justice and Correctional Services raise the age of criminal incapacity in South Africa.
The minimum age of criminal incapacity was previously 10 years.
Department of Justice spokesperson Chrispin Phiri says the amendment follows discussions with the United Nations.
“Children below the minimum age of criminal capacity of 12 years may no longer be arrested/ charged by the South African Police and may also not be prosecuted for the commission of a criminal offence. Such children, who may have committed crimes must be dealt with outside of the criminal justice system by social workers who may refer the child to a children’s court for their directions," says Phiri.
Phiri says children aged 12 years or older but below 14 years are still presumed not to have criminal capacity.
The state will therefore have to prove their criminal capacity beyond reasonable doubt in a child justice court.
"This means that children in the age group may be charged/ arrested by the South African Police Service if they commit a criminal offence, but the State must prove that they had the capacity to appreciate the difference between right and wrong and the capacity to act in accordance with this appreciation at the time of the commission of the offence," says Phiri.
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