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Questions and Answers
What was the aim of the Child Justice Act?
What is the significance of intra-territorial jurisdiction in South Africa?
When can a South African court assume extra-territorial jurisdiction over an offence?
Who must be diverted into the jurisdiction of a child justice court according to the Child Justice Act?
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What do long-arm statutes in international law allow South African courts to do?
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What change did the Child Justice Act bring regarding children who commit crimes?
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What must be the connecting factor between a South African court and an alleged perpetrator to justify an arrest?
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Which principle allows a South African court to assert jurisdiction over offenses committed on-board a South African registered ship outside South Africa's territorial waters?
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In what scenario can a South African court assert jurisdiction over an offense committed by a national or foreign person outside South Africa's borders?
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Which act defines statutory offenses with extra-territorial reach based on security and protection principles?
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What is one of the jurisprudential foundations for South African statutes with extra-territorial reach?
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Under what condition can a South African court assert jurisdiction over an offense committed on an aircraft with South African registration markings?
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Study Notes
Child Justice Court Jurisdiction
- Prior to 2010, children who committed crimes were dealt with as juveniles under the Criminal Procedure Act.
- The Child Justice Act aims to establish a child justice system for children accused of an offence, ensuring a rights-based restorative justice approach.
- All children under 18 accused of an offence must be diverted into the jurisdiction of a child justice court.
Extra-territorial Jurisdiction
- Intra-territorial jurisdiction limits a South African court's jurisdiction to offences committed within the country's borders.
- Certain crimes, such as long-arm statutes, allow a South African court to assume extra-territorial jurisdiction over offences committed outside the country's borders.
- A South African court can assume jurisdiction over an offence committed extra-territorially if the alleged perpetrator is found within South Africa or is legally extradited to South Africa.
- There must be a substantial connecting factor between the South African court and the alleged perpetrator, such as citizenship, residence, or presence in South Africa.
Conditions for Extra-territorial Jurisdiction
- The alleged perpetrator must be a citizen, ordinarily or permanently resident, or physically present in South Africa.
- The alleged perpetrator must be on board a South African registered ship or aircraft, or be a juristic person carrying on business or registered in South Africa.
- The offence committed in the foreign country must also be recognized as an offence in terms of South African law.
International Law Principles
- The jurisprudential foundation of South African statutes with extra-territorial reach is based on international comity between nations and international law principles.
- The extra-territorial reach of a South African court may be justified in terms of international security and protective principles.
Examples of Offences with Extra-territorial Reach
- The common-law offence of treason and statutory offences defined in the Protection of Constitutional Democracy against Terrorist and Related Activities Act.
- The Prohibition of Mercenary Activities and Regulation of Certain Activities in Countries of Armed Conflict Act.
- Offences committed on-board a South African registered ship or aircraft, or at the South African flagged base in Antarctica.
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Description
Explore the jurisdiction of child justice courts and the implications of the Child Justice Act on the legal treatment of children who commit crimes. Understand the shift towards a rights-based restorative justice approach in managing child justice matters.
