Child Justice Act under fire: There's too much protection and too little prevention - Lucinda Evans (activist)

CapeTalk's Lester Kiewit chats to Lucinda Evans, founder member of the Philisa Abafazi Bethu Women Center SA.

Listen to their conversation in the audio clip below:

The recent court appearance of an 18-year-old accused of murdering Deveney Nel, whose body was found in the storeroom of Hoërskool Overberg in January 2024, has reignited debate around South Africa’s Child Justice Act and how it protects juvenile offenders with a history of violent behaviour. 

The accused, whose identity is protected due to the alleged crime being committed while he was still a minor, had previously faced allegations of sexually assaulting an 11-year-old. 

Despite a psychiatrist’s recommendation for institutionalisation, the National Prosecuting Authority (NPA) declined to prosecute him at the time, citing a lack of criminal capacity.

Evans is calling for an urgent review of the Act, arguing that it gives repeat juvenile offenders too much protection while failing to keep schools and communities safe. 

"It is not my intention for any child to go to prison. It is my deep intention, and I've even asked on social media that the policy makers and the law makers make contact with me, so that we as the community know how we can get this Justice Act changed."

- Lucinda Evans, Philisa Abafazi Bethu Women Center SA

She further criticises the broader systemic failures, citing a lack of follow-through from both the NPA and the Department of Social Development.

"...you have failed every single child in that school because of what this young man [allegedly] continued doing..."

- Lucinda Evans, Philisa Abafazi Bethu Women Center SA

"...this case slipped through the fingers of the institutions that had to ensure that after the court made a decision that this child should have, would have gotten the help..."

- Lucinda Evans, Philisa Abafazi Bethu Women Center SA

Evans is urging government and civil society to hold both institutions and parents accountable.

ALSO READ: Broken systems, silent communities: Why child protection should be everyone's responsibility 

Scroll up to listen to the full conversation.