, PRL5902
ASSIGNMENT 3 2026
DUE 15 OCTOBER 2026
Question 1(a): Criminal Capacity of the Four Children
The criminal liability of each child must be assessed under the Child Justice Act 75 of 2008, as
amended by the Child Justice Amendment Act 28 of 2019, which raised the minimum age of
criminal capacity from ten to twelve years.¹ The Act distinguishes between three age categories.
Children under twelve years have no criminal capacity whatsoever and may not be arrested,
charged, or prosecuted; their matters must be dealt with outside the criminal justice system by
social workers who may refer them to a children's court.² Children aged twelve years or older but
under fourteen years are rebuttably presumed to lack criminal capacity, and the State must prove
beyond a reasonable doubt that the child had the capacity to appreciate the difference between
right and wrong and to act in accordance with that appreciation at the time of the offence.³
Children aged fourteen years and older bear full criminal responsibility.⁴
Applying this framework, fourteen-year-old Freddy has reached the age of full criminal
responsibility and may be prosecuted for trespassing, theft, and malicious damage to property
without any need for the State to rebut a presumption of incapacity. Twelve-year-old twins Jason
and Kevin fall within the rebuttable presumption category; the State would need to lead sufficient
evidence to prove that each twin individually had the requisite criminal capacity at the time of the
offence, and the mere fact that they fled the scene or attempted to conceal their conduct would
not automatically discharge this onus. Six-year-old Andy falls below the minimum age of twelve
years and cannot be prosecuted for any offence; his matter must instead be referred to a social
worker and potentially to a children's court for appropriate intervention.⁵
Question 1(b): Delictual Liability of the Children
Mr Bean's delictual claim against the children requires proof of fault (culpae capax), which is
distinct from criminal capacity. In South African law, a child under fourteen years is rebuttably
presumed to lack the capacity for negligence, and the party alleging fault bears the onus to rebut
this presumption.⁶ For Andy, at six years, the presumption is effectively irrebuttable, and he cannot
be held delictually liable. For Jason and Kevin, aged twelve, Mr Bean would need to prove that each
twin had the maturity and understanding to appreciate the specific risk and regulate their conduct
accordingly, measured against the standard of a reasonable child of the same age. Freddy, at
fourteen, is not protected by the presumption and can be held delictually liable if Mr Bean proves
all elements of the delict.
ASSIGNMENT 3 2026
DUE 15 OCTOBER 2026
Question 1(a): Criminal Capacity of the Four Children
The criminal liability of each child must be assessed under the Child Justice Act 75 of 2008, as
amended by the Child Justice Amendment Act 28 of 2019, which raised the minimum age of
criminal capacity from ten to twelve years.¹ The Act distinguishes between three age categories.
Children under twelve years have no criminal capacity whatsoever and may not be arrested,
charged, or prosecuted; their matters must be dealt with outside the criminal justice system by
social workers who may refer them to a children's court.² Children aged twelve years or older but
under fourteen years are rebuttably presumed to lack criminal capacity, and the State must prove
beyond a reasonable doubt that the child had the capacity to appreciate the difference between
right and wrong and to act in accordance with that appreciation at the time of the offence.³
Children aged fourteen years and older bear full criminal responsibility.⁴
Applying this framework, fourteen-year-old Freddy has reached the age of full criminal
responsibility and may be prosecuted for trespassing, theft, and malicious damage to property
without any need for the State to rebut a presumption of incapacity. Twelve-year-old twins Jason
and Kevin fall within the rebuttable presumption category; the State would need to lead sufficient
evidence to prove that each twin individually had the requisite criminal capacity at the time of the
offence, and the mere fact that they fled the scene or attempted to conceal their conduct would
not automatically discharge this onus. Six-year-old Andy falls below the minimum age of twelve
years and cannot be prosecuted for any offence; his matter must instead be referred to a social
worker and potentially to a children's court for appropriate intervention.⁵
Question 1(b): Delictual Liability of the Children
Mr Bean's delictual claim against the children requires proof of fault (culpae capax), which is
distinct from criminal capacity. In South African law, a child under fourteen years is rebuttably
presumed to lack the capacity for negligence, and the party alleging fault bears the onus to rebut
this presumption.⁶ For Andy, at six years, the presumption is effectively irrebuttable, and he cannot
be held delictually liable. For Jason and Kevin, aged twelve, Mr Bean would need to prove that each
twin had the maturity and understanding to appreciate the specific risk and regulate their conduct
accordingly, measured against the standard of a reasonable child of the same age. Freddy, at
fourteen, is not protected by the presumption and can be held delictually liable if Mr Bean proves
all elements of the delict.
