Ermelo Magistrate’s Court postpones suspect’s case in Cebisa stabbing incident
The pupil (16) was arrested for fatally stabbing another pupil (17) in the chest with a knife inside the school premises on August 16.
ERMELO – The Cebisa Secondary School pupil (16) who was arrested for the fatal stabbing of another pupil (17), made his first appearance in the Ermelo Magistrate’s Court on August 19.
The suspect had allegedly stabbed the pupil in the chest with a knife inside the school premises during break time on August 16 after which the pupil died.
The stabbing allegedly resulted from an alleged gang-related altercation.
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According to the Child Justice Act, Act No 75 of 2008, a child who is under the age of 10, cannot be arrested or prosecuted, this means he or she does not have criminal capacity and cannot be charged or arrested for an offence. It further states that in such a case, the child will be referred to the probation officer to investigate the child’s individual circumstances and decide on the need for intervention.
A child older than 10 but below the age of 14, is presumed to lack criminal capacity unless the state proves that he or she has criminal capacity. Such a child can be arrested and a child above 14, but under 18 years of age, is said to have criminal capacity and can be arrested.
It further states that in the event where a child in conflict with the law is not diverted, his or her case may be referred to the Child Justice Court for trial and sentencing, if convicted.
The case was postponed to November 11 and the suspect remains in custody.
