Africa-Press – South-Africa. Mpumalanga probation officers are assessing the 12-year-old boy who was arrested for allegedly stabbing and killing another boy last week.
The Department of Social Development said the case would be dealt with in terms of child justice processes. Police spokesperson Brigadier Selvy Mohlala told News24 law enforcement had handed the case to probation officers after the arrest.
“Our job, as the police, is done. We are no longer involved because this case involves a minor. The Department of Social Development has taken over. When they are done, they will give us a report,” he said. The incident happened in Matsulu C, Mbombela.
In the initial police statement, Mohlala said the two boys got into a fight. He said a third child witnessed the incident. The 12-year-old allegedly used two broken beer bottles to stab the other boy.
Mohlala said the third child alerted the victim’s family.
The boy was rushed to the clinic, but he later succumbed to his injuries. A legal expert, William Booth, said the case should be dealt with in line with the Child Justice Act and Children’s Act. As such, the child may not be detained.
He said social workers had to assess and interview the alleged offender as well as the parents or guardians, after which they were released into their care.
Where the child doesn’t have a guardian or a parent, the social workers may recommend accommodation.
Booth added that the assessment included determining the child’s criminal capacity.”Can they understand right and wrong, and act according to that? Can they also understand the court proceedings?”
For children younger than 12, there was a conclusive presumption that they were incapable of the intent to commit a crime, and could not distinguish between right and wrong, he said.
Booth added that such cases were heard by the Children’s Court, rather than the criminal justice system. He said that, for these children, “the prosecuting authorities can present the necessary evidence to the Children’s Court that the child was aware of what they were doing”.
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