Abstract:
The Constitution of the Republic of South Africa 108 of 1996
has brought about an inspiration for the development of our
legal system. Youthful offenders like any other person in
South Africa have fundamental rights. Section 28 provides
for the rights of children in general and section 28(2) makes
provisions for the supremacy of children’s rights in every
field of the law.
With regard to child offenders charged with serious crimes,
courts and all those dealing with them need to take their basic
rights into account. Courts should observe the rules and
procedures of fair trial in order to protect and promote the
individual or group of child offender’s rights.
Courts are enjoined to act dynamically to obtain full
particulars of the child offender’s personality and personal
circumstances, and to engage the services of the probation
officers or correctional service officials.
The Constitution of the Republic of South Africa Act 108 of
1996, the Child Care Act 74 of 1983 and 38 of 2005, Criminal
Law Amendment Act 105 of 1997, Criminal Procedure Act 51
of 1977, etc regulate and guide courts in dealing with children
who fall foul of the law.
Firstly, I am indebted to Mrs. A.T Thoka, and Prof.
Scheepers my supervisors who unselfishly assisted and
encouraged me through the maze I had to go through this
dissertation. I would also like to express my gratitude to the
late Mrs Motimele Mapula Rebecca, my wife Ramadimetja
Teresiah, my daughter Isabel Madithotsana Mokonyama and
my two sons Mokitlelo and Matsimela to whom this short
dissertation is dedicated for their kindness in allowing me to
use their quality time for my personal advancement. Last,
but not least, my thanks are extended to Ms Makgatho
Jerminah for having typed and compiled this dissertation.
