, PLEASE USE THIS DOCUMENT AS A GUIDE TO ANSWER YOUR ASSIGNMENT
Please also note that the author of this document will not be responsible for any plagiarism you
commit.
Read the following scenario and answer both questions that follow
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.
1. Indicate how the objectives of the Child Justice Act 75 of 2008 are applicable to the above
scenario.
Introduction
The Child Justice Act 75 of 2008 was enacted to create a child-centered justice system that
emphasizes the protection, rehabilitation, and reintegration of children who come into conflict with
the law. The case of Bongani, a 12-year-old boy arrested for stealing food due to poverty, highlights
the importance of applying the objectives of the Act in a manner that prioritizes his well-being while
ensuring accountability. Given Bongani’s age, the socio-economic conditions he faces, and the
motivation behind his offense, the objectives of the Act align well with his circumstances, making
diversion a suitable course of action. The Act aims to protect the rights of children, incorporate the
principles of restorative justice, promote rehabilitation, and break the cycle of crime. These
objectives are particularly relevant in Bongani’s case, as they recognize the challenges he faces and
seek to address the root causes of his actions.
Protecting the Rights of Children
One of the fundamental objectives of the Child Justice Act is to protect the rights of children as
enshrined in the Constitution of South Africa. The Constitution explicitly states that children should
only be detained as a last resort and for the shortest appropriate period. In Bongani’s case, detaining
him would not align with this constitutional principle, as his offense was driven by necessity rather
than malicious intent. The Act ensures that children like Bongani are treated in a manner that
upholds their dignity and best interests. By considering diversion, the prosecutor is adhering to this
principle by allowing Bongani to avoid the adverse effects of formal judicial proceedings and
potential incarceration. Instead of subjecting him to a punitive system, which could have long-term
negative consequences on his development, the Act encourages a rehabilitative approach that
safeguards his rights and future prospects.
Please also note that the author of this document will not be responsible for any plagiarism you
commit.
Read the following scenario and answer both questions that follow
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.
1. Indicate how the objectives of the Child Justice Act 75 of 2008 are applicable to the above
scenario.
Introduction
The Child Justice Act 75 of 2008 was enacted to create a child-centered justice system that
emphasizes the protection, rehabilitation, and reintegration of children who come into conflict with
the law. The case of Bongani, a 12-year-old boy arrested for stealing food due to poverty, highlights
the importance of applying the objectives of the Act in a manner that prioritizes his well-being while
ensuring accountability. Given Bongani’s age, the socio-economic conditions he faces, and the
motivation behind his offense, the objectives of the Act align well with his circumstances, making
diversion a suitable course of action. The Act aims to protect the rights of children, incorporate the
principles of restorative justice, promote rehabilitation, and break the cycle of crime. These
objectives are particularly relevant in Bongani’s case, as they recognize the challenges he faces and
seek to address the root causes of his actions.
Protecting the Rights of Children
One of the fundamental objectives of the Child Justice Act is to protect the rights of children as
enshrined in the Constitution of South Africa. The Constitution explicitly states that children should
only be detained as a last resort and for the shortest appropriate period. In Bongani’s case, detaining
him would not align with this constitutional principle, as his offense was driven by necessity rather
than malicious intent. The Act ensures that children like Bongani are treated in a manner that
upholds their dignity and best interests. By considering diversion, the prosecutor is adhering to this
principle by allowing Bongani to avoid the adverse effects of formal judicial proceedings and
potential incarceration. Instead of subjecting him to a punitive system, which could have long-term
negative consequences on his development, the Act encourages a rehabilitative approach that
safeguards his rights and future prospects.
