- S V MM 2018 (1) SACR 18 (GP)
Section 7 of the Child Justice Act 75 of 2008 (“the CJA”) provides as follows:
“7. Minimum age of criminal capacity
(1) A child who commits an offence while under the age of 10 years does not have criminal capacity [Afrikaans: ‘toerekeningsvatbaarheid’] and cannot be prosecuted for that offence, but must be dealt with in terms of section 9 [of the CJA].
(2) A child who is 10 years or older but under the age of 14 years and who commits an offence is presumed to lack criminal capacity, unless the State proves that s/he has criminal capacity in accordance with section 11 [of the CJA].
(3) The common law pertaining to the criminal capacity of children under the age of 14 years is hereby amended to the extent set out in this section .”
(Emphasis added and particulars in square brackets inserted.)
The accused was charged in the regional court in Tsakane in Gauteng, with the offence of contravening section 51(3) of the Criminal Law Amendment Act 105 of 1997 (sic) by inserting his fingers into the anus of a six-year-old complainant (sic)*. The accused pleaded guilty whereupon his legal representative handed in a statement in terms of section 112 of the Criminal Procedure Act 51 of 1977 (“the CPA”).
[This is only an extract of a court case published in Pollex Legal Column in Servamus: May 2018.
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