As research report on the criminal capacity of children in South Africa
Prof Ann Skelton and Dr Charmain Badenhorst conducted research on the criminal capacity of children in the South African child justice system. This research is informed by international developments at a United Nations level, together with developments in other countries both on the African continent and elsewhere.
The purpose of the research is to give an overview of the different debates and international developments on the establishment of a minimum age of criminal capacity and the doli incapax presumptions with a view to assist the South African Parliament in its legally mandated review of the minimum age of criminal capacity. The facts and findings in this research report may also be used as a basis for starting a debate on questions such as what the minimum age should be, and whether the current legal presumptions should be retained or discarded.