Rights of teen suspect in Deveney Nel murder case explained
The 17-year -old boy arrested in connection with Deveney Nel's murder has appeared in court.
Picture: Pixabay
Lester Kiewit speaks to Karabo Ozah, director of the Child Law Centre, about the rights of the teen suspect accused of killing teen learner, Deveney Nel at school.
There have been calls for the 17-year-old suspect accused of the murder of Overberg High School pupil, Deveney Nel to be tried as an adult.
The teenager made his first appearance on Monday in a closed court in Caledon Magistrates Court in the Western Cape.
The youth, who cannot be named, was arrested on Friday following the gruesome discovery of Nel's body in a storeroom at her school. She had been stabbed.
Ozah says it's important not to conflate the age of criminal responsibility with the age of being a child.
"A person is a child until they are 18 years old."
Karabo Ozah, Director - Child Law Centre
Ozah says the law assumes that a child under the age of 12, does not have criminal capacity.
A child between 12 and 14 is subject to the rebuttable presumption that they too, do not have capacity unless evidence suggests otherwise.
"When you are 14 and above, the law presumes that you have criminal capacity, unless, for instance, it's proven you had a mental health issue."
Karabo Ozah, Director - Child Law Centre
Ozah explains that the law dictates that those children between 14 and 18 at the time of committing the crime must have their case heard in camera, i.e. in a closed court.
"We don't have provisions for charging children as adults."
Karabo Ozah, Director - Child Law Centre
Ozah explains why children are protected this way in the legal system:
"The minute you expose their details, that diminishes the space for them to be rehabilitated."
Karabo Ozah, Director - Child Law Centre