SOUTH AFRICA
Young people in Gauteng have voiced their support for the restorative justice concept saying they would like it to be applied when dealing with young offenders, writes Nthambeleni Gabara. Restorative justice focuses on restoring relationships between the perpetrator and the victim and rerouting offenders from the criminal justice system.
A group of over 25 young people from Daveyton in Johannesburg and Hammanskraal north of Pretoria, were recently able to express their views on how the criminal justice system could work better, in light of the Department of Justice's review of the justice system. This was at a colloquium facilitated by a non-profit organisation Khulisa Crime Prevention Initiative.
Speaking to BuaNews, Christopher Mpotu a teenager from Daveyton said young people should be taught to take responsibility for their actions by facing their victims. "If young people resort to criminal activities, they should not be incarcerated but instead reparation should be applied or they should be made to apologise to their victims," he said. Mr Mpotu said if young petty offenders were sent to jail they faced the risk of being exposed to far worse criminal behaviour.
However, the Ward 71 committee member at the Ekurhuleni Metropolitan Municipality said the system could be abused. "Where young offenders are taking advantage, they should be punished," said Mr Mpotu. He also urged that strategies be developed to crush the myth that poverty leads young people to commit crime.
Zanele Mbalula, also from Daveyton, shared Mr Mpotu's sentiments that the rights and responsibilities of young people needed to be balanced. She said it was wrong to send young offenders to jail because while locked up they would learn more bad habits from offenders which could lead to them becoming hardened criminals.
"I strongly believe that if a minor commits a crime, reparation should be applied, but drastic steps should be taken against the parents for failing to teach their child good morals," she said. Ms Mbalula said if a boy stole a chocolate at a store, the parents or guardians should first be engaged. "In order to overcome crime in our country, our parents should teach us to respect other people's property and their rights, because charity begins at home," she said.
Teenager Bongani Dladla welcomed the Department of Justice's review of legislation pertaining to children. "It is our view that this will go a long way in terms of protecting the children's right adequately and it will make the law enforcement do their work in a more effective way," he said.
According to Nkele Mrwetyane, youngsters are not led to crime because of drugs and other substances, but mostly because of boredom. "Young people are often seen lingering in streets because there are no sporting activities to keep them busy," she said.
National Project Coordinator of the United Nations Office on Drugs and Crime (UNODC), Modi Marishane said she had been impressed by the youth's presentations at the colloquium. "Getting young people to share their views on the challenges they are facing and what they would like their parents and government to do in order to build their future was inspiring. It will not only lead to a healthy lifestyle, but it would also lead to a crime free country," she said.
Ms Marishane said through the UNODC research project at schools, young people were willing to learn about the consequences of crime. She said peer education was also important as another means to prevent crime and drugs. "Sport, arts and recreation are basic activities youngsters request to have in abundance since they are an alternative activities for quality of life."
The project is aimed at getting the nation to vigilantly fight against the social ills. The project targets learners, street kids, children in conflict with the law, educators and parents.
Representing the Gauteng Department of Education, Ben Ramaisa said while there is a need to for an integrated approach in dealing with crime, educationally speaking, prevention is better than cure. "Education starts at home with parents serving as primary educators. Their responsibility is to teach their children norms and value of life," he said.
According to Ramaisa, teachers are secondary educators and need to build on the foundation laid by parents at home. He said parents should use trial and error in bringing up their children. He said it is through adequate socialisation of societal norms and values that children will experience minimal problems in terms of school regulations and rules as well as the laws of the country.
The South African Law Reform Commission (SALRC) is presently reviewing the Child Care Act on 1983. The new children's act includes the provision of child participation, an extension of the rights of unmarried fathers, provision for child-headed households and lowering of the age of majority.
Following the ratification of the United Nations Convention on the rights of the children in 1995, the SALRC was requested to investigate juvenile justice.
The draft Bill recommended by the commission encapsulated a new system for children accused of crimes providing substantive law and procedures to cover all actions from the moment the offence is committed until sentencing. The Child justice Bill purports to establish a criminal justice process for children in conflict with the law in order to protect the rights of children as entrenched in the constitution.
The commission handed over its research publications to Justice Minister, Brigitte Mabandla on 9 March earlier this year.
14 April 2008
