,CMY2604 Assignment 1 (COMPLETE ANSWERS)
Semester 1 2025- DUE 2025; 100% correct solutions and
explanations
Scenario:
Bongani, a 12-year-old boy, was arrested for stealing food from
a local supermarket. He lives with his unemployed mother and
two younger siblings in a poverty-stricken area. Bongani’s
father is in prison, and his mother struggles to provide for the
family. During the preliminary inquiry, it becomes clear that
Bongani stole the food because his family was hungry. The
prosecutor considers diverting Bongani from the criminal justice
system.
Question 1:
Indicate how the objectives of the Child Justice Act 75 of 2008
are applicable to the above scenario. (10 marks)
The Child Justice Act 75 of 2008 (CJA) is a South African law
that establishes a separate justice system for children in conflict
with the law, focusing on rehabilitation rather than punishment.
In Bongani’s case, the objectives of the Act are highly relevant,
as they emphasize restorative justice, addressing the root causes
of criminal behavior, and protecting the rights of the child.
Below is an application of the key objectives of the Child
Justice Act to Bongani’s case:
, 1. Protection of the Rights of the Child (Section 2(a))
The Act ensures that children are treated in a manner
consistent with their age, vulnerability, and development.
Bongani, at 12 years old, is still a minor and should be
treated with dignity and not exposed to the harsh
criminal justice system unnecessarily.
2. Use of Diversion and Alternative Measures (Section 2(b)
& Section 51)
Diversion is a key focus of the Act, aiming to redirect
children away from formal court procedures while
holding them accountable.
Given Bongani’s socioeconomic circumstances and lack
of criminal intent beyond necessity, diversion is an
appropriate measure.
The prosecutor can consider referring him to a diversion
program such as counseling, life skills programs, or
community service instead of formal prosecution.
3. Addressing the Root Causes of Offending Behavior
(Section 2(c))
The Act promotes interventions that focus on the child’s
home environment, poverty, and social challenges.
Bongani’s offense stems from poverty and hunger, not
from an inherent criminal mindset.
A holistic approach would involve social interventions
such as providing food security support and psychosocial
assistance.
Semester 1 2025- DUE 2025; 100% correct solutions and
explanations
Scenario:
Bongani, a 12-year-old boy, was arrested for stealing food from
a local supermarket. He lives with his unemployed mother and
two younger siblings in a poverty-stricken area. Bongani’s
father is in prison, and his mother struggles to provide for the
family. During the preliminary inquiry, it becomes clear that
Bongani stole the food because his family was hungry. The
prosecutor considers diverting Bongani from the criminal justice
system.
Question 1:
Indicate how the objectives of the Child Justice Act 75 of 2008
are applicable to the above scenario. (10 marks)
The Child Justice Act 75 of 2008 (CJA) is a South African law
that establishes a separate justice system for children in conflict
with the law, focusing on rehabilitation rather than punishment.
In Bongani’s case, the objectives of the Act are highly relevant,
as they emphasize restorative justice, addressing the root causes
of criminal behavior, and protecting the rights of the child.
Below is an application of the key objectives of the Child
Justice Act to Bongani’s case:
, 1. Protection of the Rights of the Child (Section 2(a))
The Act ensures that children are treated in a manner
consistent with their age, vulnerability, and development.
Bongani, at 12 years old, is still a minor and should be
treated with dignity and not exposed to the harsh
criminal justice system unnecessarily.
2. Use of Diversion and Alternative Measures (Section 2(b)
& Section 51)
Diversion is a key focus of the Act, aiming to redirect
children away from formal court procedures while
holding them accountable.
Given Bongani’s socioeconomic circumstances and lack
of criminal intent beyond necessity, diversion is an
appropriate measure.
The prosecutor can consider referring him to a diversion
program such as counseling, life skills programs, or
community service instead of formal prosecution.
3. Addressing the Root Causes of Offending Behavior
(Section 2(c))
The Act promotes interventions that focus on the child’s
home environment, poverty, and social challenges.
Bongani’s offense stems from poverty and hunger, not
from an inherent criminal mindset.
A holistic approach would involve social interventions
such as providing food security support and psychosocial
assistance.
