A bully from Alexandra High School who beat up a fellow classmate has escaped jail time.
This follows a decision by the Alexandra Magistrates’ Court to refer him for diversion services under the Child Justice Act.
Diversion services could include placing the child in a place of safety and then referring them to Khulisa Social Solutions or the South African National Council on Alcoholism and Drug Dependence (Sanca), depending on the nature of the problem.
The bully assaulted classmate Refiloe Ndlovu (14) on 27 August. The court also sought the blessing of the victim to divert the case, as it strongly believed that there was still a chance of rehabilitating the boy without necessarily stigmatising him with a criminal record.
In terms of the Act, when a child (under 18) is arrested, the child’s parents have to be informed, and a preliminary inquiry is held to determine whether the case can be converted into a Children’s Court Inquiry.
During the preliminary inquiry, diversion can also be considered when the child accepts responsibility, and depending on age, various diversion options are then considered.
The child is assessed by a probation officer at the court who then gives recommendations for action based on the assessment report. In the case of the bully in question, the boy is said to have accepted responsibility, and the court decided to obtain consent for diversion services, in writing, from the victim and her mother, as well as consent from the investigating officer.
The boy was made to apologise to the victim in the presence of all parties involved, and the case was referred to Khulisa by the court.
Tshifhiwa Nndwammbi, an auxiliary social worker at Khulisa, said her organisation ran a diversion programme in line with the criminal justice system for minors who accepted guilt for an offence. The offenders learns life skills in the programme.
When the child completes the life skills section, Nndwammbi said the restorative justice system kicks in, whereby the child is again asked to apologise to the victim in the presence of Khulisa staff, the victim’s guardians or parents, after which a parents’ workshop is then held to teach them parenting skills.
Alex school girl allegedly assaulted by male pupil
UPDATE: ‘Bully’s expulsion being considered’
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