Cape Town - The Western Cape High Court has come down hard on the Stellenbosch Magistrate's Court for its treatment of a minor in two criminal proceedings, which it said was a “gross departure” from the Child Justice Act (CJA).
The high court found the two theft cases from the lower court, involving the same child offender, showed “numerous irregularities on the record which vitiated the proceedings such that the proceedings were not in accordance with justice”.
Both the convictions and sentences of the minor were set aside, and a social worker was ordered to report back to the court within three months.
The minor was 17 years old when he committed the alleged crimes.
In the first case, he was found guilty after being found in possession of a spark plug near Crazier Street in Stellenbosch, for “which there was a reasonable suspicion that it had been used or was intended to be used to commit housebreaking”.
He also had a previous conviction of theft in which he received a wholly suspended sentence earlier last year.
“On 24 October 2022, the Pollsmoor Prison authorities approached the state prosecutor and informed her that the child offender was 17 years old.
“Notwithstanding being released on warning, the child offender remained in custody due to the sentence imposed relating to his failure to attend court,” court papers read.
“The child offender was deprived of the central themes of the CJA that children in conflict with the law should be diverted from the formal criminal justice system whenever possible.
The proceedings were held in an open court and not in camera as envisioned in section 63(5) of the Act. The child offender was also not assisted by his parent or guardian or an appropriate adult during the proceedings as envisaged in section 65 of the CJA.
“What is more concerning are the allegations in the probation officer's pre-sentence report.”
The probation officer recorded that, according to the accused, he was instructed by a man who pretended to be his father to commit all the theft cases he was accused of.
He would then give the stolen goods to the man who would, in turn, provide the minor with drugs.
“Evidently, it seems (the man) took advantage of the vulnerability of the accused and his lack of maturity.
The sentence imposed by the court blissfully ignored this fact. The suspended sentence meant that the accused returned to (the man), who allegedly abused and misled him.”
Cape Times