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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