A DEVELOPMENTAL APPROACH TO DEALING WITH YOUNG OFFENDERS: AN IMPERATIVE FOR PROBATION PRACTICE AND POLICY FRAMEWORK

Authors

  • Thulane Gxubane Department of Social Development, University of Cape Town, Rondebosch, South Africa.

DOI:

https://doi.org/10.15270/46-1-181

Abstract

The Child Justice Bill (SA Law Commission, B49 of 2002) (CJB) made provision for all
children in conflict with the law to be assessed by a probation officer, thus making it possible to
divert those children who committed serious offences. The re-drafted 2007 CJB,1 in contrast,
excludes children arrested for serious offences from assessment by a probation officer and
therefore denies them the possibility of being diverted from the criminal justice system. This
paper challenges the bifurcation of offences, a policy of separating out the minor offences from
the serious offences with the intention of being tough on the latter. This is one of the key
principles underlying the 2007 CJB, which seems to be informed by the general misconception
that diversion and restorative justice are inappropriate when dealing with serious youth
offences. In contextualising this article,2 a brief historical background to the factors that have
influenced the reform of child justice in South Africa will be provided. Secondly, the role of a
probation officer in relation to policy development, with specific reference to the 2007 CJB,
will be examined. Thirdly, the developmental approach to working with young offenders will
be explored, so as to create a conceptual framework for the central discourse of this article.
Fourthly, the concept of restorative justice as a proposed philosophical and developmental
approach to working with young offenders and its appropriateness in dealing with serious youth
offences will be investigated. The terms “young” and “child” are used interchangeably,
referring to any person less than 18 years of age as stipulated in the Convention on the Rights
of the Child (CRC) (1989) and the Constitution of the Republic of South Africa (1996b).
Finally, guidelines are offered that can help probation officers to give effect to restorative
justice

Downloads

Download data is not yet available.

References

BATLEY, M. & MAEPA, J. 2005. Introduction. In: Beyond retribution: prospects for

restorative justice in South Africa. ISS Monograph Series No. 111. Pretoria: Institute for

Security Studies and Restorative Justice Centre.

BATLEY, M. 2005. Restorative justice in the South African context. In: Beyond retribution:

prospects for restorative justice in South Africa. ISS Monograph Series No. 111. Pretoria:

Institute for Security Studies and Restorative Justice Centre.

CHOHAN, F. 2007. Five years on, kids in jail wait for justice. Cape Argus, 11 April, 13.

DU BOIS, B. & MILEY, K.K. 1992. Social work: an empowering profession. Boston: Allyn

and Bacon.

GANTANA, K. 2006. The implementation of restorative justice by magistrates,

prosecutors and probation officers in sentencing of young offenders at selected district

magistrate courts in the Western Cape: Cape Town: University of Cape Town. (M Thesis in

Probation & Correctional Practice)

GXUBANE, T. 2006. An insight into recidivism among awaiting-trial youth offenders and the

implications for practice. Social Work/Maatskaplike Werk, 42 (3/4):307-326.

GXUBANE, T. 2008. UCT Department of Social Development submission to the Justice and

Constitutional Development Portfolio Committee on the 2007 version of the 2007 CJB 49 of

[Online] Available: http://www.childjustice.org.za/submissions/2008Submissions/

Department% 20of% 20Social% 20Development.pdf [Accessed: 20/05/2008].

INTER-MINISTERIAL COMMITTEE ON YOUNG PEOPLE AT RISK. 1998. Minimum

Standards: South African Child and Youth Care System. Pretoria.

LEGGETT, T. 2005. Justice versus retribution: attitudes to punishment in the Eastern Cape. In:

ISS Monograph Series No. 45. Pretoria: Institute for Security Studies.

LIEBMANN, M. 2007. Restorative justice: how it works. London and Philadelphia: Jessica

Kingsley Publishers.

MAZIBUKO, F. 1996. Social workers and social policy: related functions and skills in

practice. Social Work/Maatskaplike Werk, 32(1):148-161.

PATEL, L. 2005. Social welfare and social development in South Africa. Cape Town:

Oxford University Press.

RSA (REPUBLIC OF SOUTH AFRICA). 1977. Criminal Procedure Act 51 of 1977.

Government Gazette, Pretoria: Government Printers.

RSA (REPUBLIC OF SOUTH AFRICA). 1983. Child Care Act 74 of 1983. Government

Gazette. Pretoria: Government Printer.

RSA (REPUBLIC OF SOUTH AFRICA). 1991. Probation Services Act 116 of 1991.

Government Gazette. Pretoria: Government Printers.

RSA (REPUBLIC OF SOUTH AFRICA). 1996a. Child Care Amendment Act 96 of 1996.

Government Gazette. Pretoria: Government Printer.

RSA (REPUBLIC OF SOUTH AFRICA). 1996b. The Constitution of the Republic of South

Africa. Act 108 of 1996. Pretoria: Government Printer.

RSA (REPUBLIC OF SOUTH AFRICA). 1997. The White Paper for Social Welfare.

Pretoria: Government Printer.

RSA (REPUBLIC OF SOUTH AFRICA). 1998. Correctional Services Act 111 of 1998.

Government Gazette. Pretoria: Government Printer.

RSA (REPUBLIC OF SOUTH AFRICA). 2002. Probation Services Amendment Act 35 of

Government Gazette. Pretoria: Government Printer.

RSA (REPUBLIC OF SOUTH AFRICA). 2005. Children’s Act 38 of 2005. Government

Gazette. Pretoria: Government Printer.

SA LAW COMMISSION. 1997. Issue Paper 9 – Juvenile Justice. Pretoria. Government

Printer.

SA LAW COMMISSION. 2000. Report on Juvenile Justice. Pretoria. Government Printer.

SA LAW COMMISSION. 2002. Child Justice Bill, B49-2002. Project Committee on Juvenile

Justice, Pretoria.

SHARPE, S. 2004. How large should the restorative justice ‘tent’ be? In: ZEHR, H. &

TOEWS, B. (eds) Critical issues in restorative justice. Monsey, New York: Criminal Justice

Press.

SHEARAR, A. 2005. A new approach to child justice?: exploring challenges and

opportunities for restorative justice in the Western Cape from the perspectives of victims

and perpetrators of youth crime. Cape Town: University of Cape Town. (M Thesis in

Probation & Correctional Practice)

SKELTON, A. & BATLEY, M. 2006. Charting progress, mapping the future: restorative

justice in South Africa. Pretoria: Restorative Justice Centre and Institute for Security Studies.

SKELTON, A. 1999. Juvenile justice reform: children’s rights and responsibilities versus crime

control. In: DAVEL, C.J. (ed) Children’s rights in a transitional society. Pretoria: Protea

Books House.

UNITED NATIONS CONVENTION ON THE RIGHTS OF THE CHILD. 1989.

UNITED NATIONS STANDARD MINIMUM RULES FOR THE ADMINISTRATION OF

JUVENILE JUSTICE. (The Beijing Rules) (1985).

ZEHR, H. 2002. The little book of restorative justice. Illinois: Intercourse, PA Good Books.

Downloads

Published

2014-06-17

How to Cite

Gxubane, T. (2014). A DEVELOPMENTAL APPROACH TO DEALING WITH YOUNG OFFENDERS: AN IMPERATIVE FOR PROBATION PRACTICE AND POLICY FRAMEWORK. Social Work/Maatskaplike Werk, 46(1). https://doi.org/10.15270/46-1-181

Issue

Section

Articles