The significant prevalence of psychiatric disorders in child offenders requires the justice system to provide direction in the treatment of these children. This submission considers whether the Children’s Act 38 of 2005, the Child Justice Act 78 of 2008, the Criminal Procedure Act 51 of 1977 and the child justice procedures uphold the best interests of child offenders with a mental illness or defects by juxtaposing South African legislation and child justice procedures with the best interests standard principle. The authors conclude that current legislation and legal procedures are not in the best interests of children with psychiatric disorders. Children with mental illness or defects are not adequately protected and they cannot participate equally in justice delivery processes. Furthermore, adequate consideration is not given to the affect of mental disorders or defects in decisions during child justice proceedings. It is recommended that the Child Justice Act be amended to include a section in which the rights of children with psychiatric disorders are protected and measures be put in place to address their psychosocial and developmental needs. Children with psychiatric disorders who are in conflict with the law should be classified as children in need of care and protection to break the causal nexus between psychiatric disorders and delinquency.

No abstract

The world's attention on maritime piracy is largely focussed on the root causes, modus operandi, extent and prevention. However, the complexity of the relationship between piracy and kidnapping for ransom are largely overlooked.In this article it is argued that modern day pirates are sophisticated, wellresourced transnational criminal syndicates that have tapped into the huge economical potential of organised crime at sea. Due to the involvement of insurance companies the negotiation process for the release of vessels and crew has become little more than a business transaction between the owners of the hijacked vessel and the pirates. In the case of uninsured smaller vessels, such as yachts and fishing vessels, non-existing infrastructures to assist with the negotiation process and governmental policy not to negotiate with pirates has resulted in hostages of piracy being alienated and isolated. The ignorance of governments and the economic driven approach of stakeholders in the maritime sector in general to the plight of hostages were one of the key issues acknowledged at the 2011 International Conference on Piracy at Sea in Malmö, Sweden. A South African case study is used to illustrate the challenges faced by families during negotiation for the release of hostages from smaller vessels.

This article aims to stimulate critical discourse on the current practices regarding best interest of children in conflict with the law. The issue explored is whether determining the criminal capacity of children in conflict with the law is in the best interest of these children.Findings indicated that logistical and operational challenges are denying child offenders services as intended in the Act. In the light of this finding, the article advocates for keeping a clear vision of the Act’s restorative and rehabilitative intention as opposed to following a pragmatic approach during the upcoming review of the age of criminal capacity.

This article aims to stimulate critical discourse on the current practices regarding best interest of children in conflict with the law. The issue explored is whether determining the criminal capacity of children in conflict with the law is in the best interest of these children.Findings indicated that logistical and operational challenges are denying child offenders services as intended in the Act. In the light of this finding, the article advocates for keeping a clear vision of the Act’s restorative and rehabilitative intention as opposed to following a pragmatic approach during the upcoming review of the age of criminal capacity.