Under common law, children are regarded as having criminal capacity at the age of 7 years, although between the ages of 7 and 14 there is a presumption that the child lacks criminal capacity. This presumption can be rebutted by the State if it is shown that the child knows the difference between right and wrong and has the ability to act in accordance with that knowledge.


In practice, the presumption that a 7- to 14-year-old lacks criminal capacity is fairly easily rebutted, and children under the age of 14 are often arrested and convicted of criminal offences. Children under the age of 14 are to be found serving sentences of imprisonment in South African prisons. In law, children of 14 and above have the same criminal capacity as that of an adult and can be sentenced to imprisonment. (We dont have Juvenile prisons or facilities here that i know of. We used to have them back in the 70's)

I quote Nelson Mandela and then ask - can we as South African people be proud of what we do to our children.

"Out of the experience of an extraordinary human disaster that lasted too long, must be born a society of which all humanity will be proud.

"Our daily deeds as ordinary South Africans must produce an actual South African reality that will reinforce humanity's belief in justice, strengthen its confidence in the nobility of the human SOUL and sustain all our hopes for a glorious life for ALL."