,Child Justice Act and Diversion: A Case Analysis Table
of Contents
1. Question 1: The Objectives of the Child
Justice Act 75 of 2008 in the Scenario o
1.1 Introduction
o 1.2 Objectives of the Child Justice Act
and their Application to the Scenario
o 1.3 Conclusion
2. Question 2: Advantages and Implications of
Diversion for Bongani o 2.1 Introduction o 2.2
Definition of Diversion o 2.3 Advantages of
Diversion for Bongani o 2.4 Implications of
Bongani’s Age and
Criminal Capacity for Diversion o
2.5 Conclusion
3. List of References
Read the following scenario and answer both questions that
follow.
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)
Question 1: The Objectives of the Child Justice Act 75 o
2008 in the Scenario 1.1 Introduction
The Child Justice Act 75 of 2008 (hereafter referred
to as the CJA) was enacted to provide a legal
framework for dealing with children in conflict with
the law in a manner that is rehabilitative rather than
punitive.
This legislation aims to balance accountability with
the protection of children's rights. The case of
Bongani, a 12-year-old boy who stole food due to
hunger, highlights the relevance of the Act in
ensuring that children are treated with fairness,
dignity, and consideration of their personal
circumstances. This section discusses the specific
objectives of the CJA and how they apply to
Bongani’s situation.
of Contents
1. Question 1: The Objectives of the Child
Justice Act 75 of 2008 in the Scenario o
1.1 Introduction
o 1.2 Objectives of the Child Justice Act
and their Application to the Scenario
o 1.3 Conclusion
2. Question 2: Advantages and Implications of
Diversion for Bongani o 2.1 Introduction o 2.2
Definition of Diversion o 2.3 Advantages of
Diversion for Bongani o 2.4 Implications of
Bongani’s Age and
Criminal Capacity for Diversion o
2.5 Conclusion
3. List of References
Read the following scenario and answer both questions that
follow.
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)
Question 1: The Objectives of the Child Justice Act 75 o
2008 in the Scenario 1.1 Introduction
The Child Justice Act 75 of 2008 (hereafter referred
to as the CJA) was enacted to provide a legal
framework for dealing with children in conflict with
the law in a manner that is rehabilitative rather than
punitive.
This legislation aims to balance accountability with
the protection of children's rights. The case of
Bongani, a 12-year-old boy who stole food due to
hunger, highlights the relevance of the Act in
ensuring that children are treated with fairness,
dignity, and consideration of their personal
circumstances. This section discusses the specific
objectives of the CJA and how they apply to
Bongani’s situation.
