Department of Justice and Constitutional Development: Research on the Minimum Age of Criminal Capacity

The Department of Justice and Constitutional Development (DoJ & CD) commissioned statistical information and an analysis that led to recommendations on whether the minimum age of criminal capacity should remain at 10 years, as provided for in Section 7(1) of the Child Justice Act, 2008 (Act 75 of 2008) or whether the minimum age of criminal capacity should be raised.

The objectives of the project were to compile a record of:

• statistics on the number of children from 10 years up to the age of 14 (per type of criminal offence category) who are alleged to have committed offences;
• the type of offences that they allegedly committed;
• the sentences imposed on these children, if they were convicted; and
• the type of offences that did not go to trial because the prosecutor was of the view that criminal capacity would not be proved, the reasons for that decision in each case, and the ages of the children involved.

The research included the collection of statistical data in 92 identified courts across the nine provinces of South Africa. The courts were chosen by the DoJ & CD based on the high number of child justice cases reported in these courts in order to give a more detailed picture of the status of 10 to under 14-year-old children within the justice system.

In terms of Section 8 of the Child Justice Act, 2008 (Act 75 of 2008), the research provided the Minister with the necessary information to present a report to Parliament detailing the research findings of the DoJ & CD with regard to the minimum age of criminal capacity.