Report of the Select Committee on Security and Constitutional Development on the regulations made in terms of section 97(1) of the Child Justice Act, 2008 (No 75 of 2008) and the National Directorate of Public Prosecutions directives made in terms of section 97(4) of the Child Justice Act, 2008 (No 75 of 2008), dated 24 March 2010

The Select Committee on Security and Constitutional Development was briefed by the Department of Justice and Constitutional Development on the regulations made in terms of section 97(1) of the Child Justice Act, 2008 (No 75 of 2008) and by the National Directorate of Public Prosecutions on the directives made in terms of section 97(4) of the Child Justice Act, 2008 (No 75 of 2008).

The committee notes that the regulations do not speak to the inclusion of the provincial commissioners in the chain of command when reporting matters related to injury or trauma of a child in police custody. This creates undue delay in dealing with cases where children have been injured or traumatized and undermines the authority of provincial commissioners in the exercise of their duties.

The committee, therefore, recommends that the Department of Justice and Constitutional Development must urgently amend the Child Justice Act, 2008 (No 75 of 2008) to incorporate the provincial commissioners in the chain of command and regulate the reporting requirements accordingly.

The Select Committee on Security and Constitutional Development, having considered the regulations and directives mentioned above, recommends that the National Council of Provinces approve the said regulations and directives.

Report to be considered.