CMY2604
Assignment 1
Semester 1 | Due
March 2024
[Type the document subtitle]
[Pick the date]
[Type the company name]
, Exam (elaborations)
CMY2604 Assignment 1 Semester 1 | Due
March 2024
Course
Dealing with Young Offenders (CMY2604)
Institution
University Of South Africa (Unisa)
CMY2604 Assignment 1 Semester 1 | Due March 2024. All questions
answered. 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 2 Elaborate on the advantages that diversion may have for
Bongani,and explain the implications of his age and criminal capacity for
diversion. (15 marks)
The Child Justice Act 75 of 2008 was enacted to create a child-friendly justice system that
focuses on rehabilitation rather than punishment. Its objectives are highly relevant to Bongani’s
case, as outlined below:
1. Promotion of Children's Rights (Section 2(a)) – The Act aligns with the best interests
of the child principle in Section 28 of the Constitution. Bongani’s circumstances,
including his age and socio-economic background, must be considered to ensure his
rights are protected.
2. Use of Diversion (Section 2(b)) – The Act encourages the use of diversion programs to
prevent children from being exposed to the formal criminal justice system. Given
Bongani’s age and the circumstances of his offense, diversion would be an appropriate
intervention.
3. Rehabilitation and Reintegration (Section 2(c)) – Instead of punitive measures, the Act
promotes programs aimed at rehabilitating children and reintegrating them into society,
helping Bongani become a responsible citizen.
4. Accountability in an Age-Appropriate Manner (Section 2(d)) – The Act ensures that
children are held accountable for their actions in a way that considers their level of
, maturity and understanding. Bongani’s act of theft was driven by hunger, not criminal
intent, so an age-appropriate response is necessary.
5. Avoiding Criminal Records (Section 2(e)) – The Act seeks to prevent children from
obtaining criminal records for minor offenses. A criminal record would severely impact
Bongani’s future opportunities.
6. Restorative Justice (Section 2(f)) – The Act promotes reconciliation between the child
and affected parties. Bongani may be required to apologize or participate in community
service as a form of making amends.
7. Minimization of Stigmatization (Section 2(g)) – Formal criminal proceedings can
stigmatize and alienate children. Diversion will help prevent Bongani from being labeled
as a criminal, reducing the risk of reoffending.
8. Consideration of Social and Economic Factors (Section 2(h)) – The Act acknowledges
that poverty and social circumstances contribute to juvenile offenses. Bongani’s
background suggests that support services, rather than punishment, would be more
effective.
9. Use of Preliminary Inquiry (Section 43) – The inquiry serves as a platform to assess
Bongani’s circumstances and recommend the best course of action, ensuring an
individualized approach.
10. Promoting Family Involvement and Support (Section 2(i)) – The Act emphasizes the
role of family and community in rehabilitation. Providing support to Bongani’s mother
and siblings can help address the root cause of his behavior.
Conclusion
In this scenario, the Child Justice Act 75 of 2008 supports the prosecutor’s decision to divert
Bongani from the criminal justice system. It ensures a rehabilitative, rather than punitive,
approach by addressing the underlying social issues contributing to his actions.
Application of the Objectives of the Child Justice Act 75 of 2008 to Bongani’s
Case
The Child Justice Act 75 of 2008 was introduced in South Africa to create a separate and more
rehabilitative justice system for children in conflict with the law. This Act acknowledges that
children differ from adults in terms of cognitive development, decision-making abilities, and
their ability to be rehabilitated. It promotes restorative justice, aiming to guide children towards
positive behavioral changes while preventing unnecessary exposure to the formal criminal justice
system.
Assignment 1
Semester 1 | Due
March 2024
[Type the document subtitle]
[Pick the date]
[Type the company name]
, Exam (elaborations)
CMY2604 Assignment 1 Semester 1 | Due
March 2024
Course
Dealing with Young Offenders (CMY2604)
Institution
University Of South Africa (Unisa)
CMY2604 Assignment 1 Semester 1 | Due March 2024. All questions
answered. 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 2 Elaborate on the advantages that diversion may have for
Bongani,and explain the implications of his age and criminal capacity for
diversion. (15 marks)
The Child Justice Act 75 of 2008 was enacted to create a child-friendly justice system that
focuses on rehabilitation rather than punishment. Its objectives are highly relevant to Bongani’s
case, as outlined below:
1. Promotion of Children's Rights (Section 2(a)) – The Act aligns with the best interests
of the child principle in Section 28 of the Constitution. Bongani’s circumstances,
including his age and socio-economic background, must be considered to ensure his
rights are protected.
2. Use of Diversion (Section 2(b)) – The Act encourages the use of diversion programs to
prevent children from being exposed to the formal criminal justice system. Given
Bongani’s age and the circumstances of his offense, diversion would be an appropriate
intervention.
3. Rehabilitation and Reintegration (Section 2(c)) – Instead of punitive measures, the Act
promotes programs aimed at rehabilitating children and reintegrating them into society,
helping Bongani become a responsible citizen.
4. Accountability in an Age-Appropriate Manner (Section 2(d)) – The Act ensures that
children are held accountable for their actions in a way that considers their level of
, maturity and understanding. Bongani’s act of theft was driven by hunger, not criminal
intent, so an age-appropriate response is necessary.
5. Avoiding Criminal Records (Section 2(e)) – The Act seeks to prevent children from
obtaining criminal records for minor offenses. A criminal record would severely impact
Bongani’s future opportunities.
6. Restorative Justice (Section 2(f)) – The Act promotes reconciliation between the child
and affected parties. Bongani may be required to apologize or participate in community
service as a form of making amends.
7. Minimization of Stigmatization (Section 2(g)) – Formal criminal proceedings can
stigmatize and alienate children. Diversion will help prevent Bongani from being labeled
as a criminal, reducing the risk of reoffending.
8. Consideration of Social and Economic Factors (Section 2(h)) – The Act acknowledges
that poverty and social circumstances contribute to juvenile offenses. Bongani’s
background suggests that support services, rather than punishment, would be more
effective.
9. Use of Preliminary Inquiry (Section 43) – The inquiry serves as a platform to assess
Bongani’s circumstances and recommend the best course of action, ensuring an
individualized approach.
10. Promoting Family Involvement and Support (Section 2(i)) – The Act emphasizes the
role of family and community in rehabilitation. Providing support to Bongani’s mother
and siblings can help address the root cause of his behavior.
Conclusion
In this scenario, the Child Justice Act 75 of 2008 supports the prosecutor’s decision to divert
Bongani from the criminal justice system. It ensures a rehabilitative, rather than punitive,
approach by addressing the underlying social issues contributing to his actions.
Application of the Objectives of the Child Justice Act 75 of 2008 to Bongani’s
Case
The Child Justice Act 75 of 2008 was introduced in South Africa to create a separate and more
rehabilitative justice system for children in conflict with the law. This Act acknowledges that
children differ from adults in terms of cognitive development, decision-making abilities, and
their ability to be rehabilitated. It promotes restorative justice, aiming to guide children towards
positive behavioral changes while preventing unnecessary exposure to the formal criminal justice
system.
