Bail"Every child has the right not to be deta<strong>in</strong>ed except asa measure of last resort, <strong>in</strong> which case, <strong>in</strong> addition tothe rights a child enjoys under sections 12 and 35, thechild may be deta<strong>in</strong>ed only for the shortest appropriateperiod.of time" (SA CONSTITUTION, SECTION 28)... all efforts shall be made to apply alternativemeasures [to detention]", (UN RULES 17)Although some of the children had been granted baildur<strong>in</strong>g their trials, often they had not been able topay it. Sometimes it seemed unreasonably high. At' Rustenburg, for example, the bail of one of the boyshad been set at R800. ^The researcher who visited Rustenburg observedthat, although the provisions of Section 29 of theCorrectional Services Act 18 had been <strong>in</strong> operationfor a year, most of the. Northern Prov<strong>in</strong>ce courts werenot observ<strong>in</strong>g them.Quite frequently, there was a history, of corpora!punishment.lS One boy at the Pollsmoor Admission<strong>Centre</strong> told the researcher that he had been whippedon four occasions. A 16 year old boy at St Albans saidhe had previously been sentenced to whipp<strong>in</strong>g forsteal<strong>in</strong>g a pair of shoes. Another boy, <strong>in</strong> prison <strong>in</strong>Umtata, told the story of how he had been whippedat the Uitenhage Court for steal<strong>in</strong>g sweets.At St Albans, a boy of 14 who had been sentencedto eight months for assault with <strong>in</strong>tent to do grievousbodily harm said he had received three cuts "<strong>in</strong> 1993or 1994" for steal<strong>in</strong>g clothes. At Brandvlei, a boy saidhe had been sjambokked at the age of 14.Of six male unsentenced prisoners be<strong>in</strong>g held atPietersburg prison, three had been granted bailwhich they had not been able to afford to pay.'ln thecase of one of the boys, charged with "rape togetherwith an 18 year old co-accused, bail had been set atR1D00. He had requested that his bail be reduced sothat he could go back to school, but saJd that themagistrate concluded that: "<strong>in</strong> court there are noscholars but only crim<strong>in</strong>als".One of the boys had stolen compact discs (CDS) tothe value of R295 from a supermarket cha<strong>in</strong> store. Itappeared that, although the address of the parentswas known,, they had not been <strong>in</strong>formed by the<strong>in</strong>vestigat<strong>in</strong>g officer of the arrest'of their child. Themagistrate did not enquire why they were not there,but simply set bail at R500 which the boy clearlycould not afford. In not one of the cases had there16 See footnote 10. .17 It has been estimated that 80% of <strong>South</strong> <strong>Africa</strong>n families have <strong>in</strong>comes of less than R800 per month(Institute for Social Development, University of the Western Cape).18 Which provides for and lays down the conditions under which children may be temporarily deta<strong>in</strong>ed <strong>in</strong>prisons or police cells where no other alternative is available.
een a probation officers report, nor any visit by asocial worker to the boys or their relatives.Two unsentenced girlsheld at the PietersburgFemale <strong>Prison</strong>, both firstoffenders, had beengranted bail of R300 eachwhich neither couldafford. Both their trialshad been f<strong>in</strong>alised <strong>in</strong> theabsence of theirguardians.In the Thohoyandoucomplex of prisons, of•the seven children <strong>in</strong>terviewedonly one hadbeen granted bail - whichneither he nor his parentscould afford. The parentsof a 14 year'old boy had not been <strong>in</strong>formed of histransfer to the prison.One child, a boy of 15, had been reported by hisown mother for theft of food from her house.One of-the boys <strong>in</strong>terviewed at JohannesburgMedium A was not granted bail at all. Two were grantedbail of R400and R500each which they wereunable to pay. The otherfour were granted bail ofR1500/R2000, R4000 and'.R580Ô which they werealso unable to pay. Five ofthem had been sent directlyto prison after their arrest.They were told that therewas no space <strong>in</strong> the Placesof Safety. Apparently, someof the warrants <strong>in</strong>dicat<strong>in</strong>gthat they should be sent toPlaces of Safety had beenchangep!.Data collected at theWestville Youth <strong>Centre</strong>showed that, accord<strong>in</strong>g to warrants available foranalysis on 10 January 1997, 32.63% of the childrenwere held <strong>in</strong> prison await<strong>in</strong>g trial for over threemonths. Some spent twenty months await<strong>in</strong>g trial.
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• ContentsINTRODUCTION 1ACKNOWLED
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almost certainly because they tear
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Figure 2 gives a breakdown of child
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THANKS ARE DUE TO:The children and
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.Ekuseni Youth CentreThe Ekuseni Yo
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1• Definition of Children andJuve
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age of 18 with their own age groups
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Dedicated facilities for JuvenilesT
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At the Pollsmoor Admission Centre,
- Page 21 and 22: Separation of sentenced and unsente
- Page 23: Beds and bedding"Every juvenile sho
- Page 26: At Pietersburg, the researcher was
- Page 29 and 30: are virtually unoccupied for long p
- Page 31 and 32: At Rustenburg, a qualified, nurse i
- Page 33 and 34: At Pretoria Central, a new prison,
- Page 35 and 36: offers them a 'good opportunity of
- Page 37: The South African Constitution ensh
- Page 40 and 41: Leeuwkop were extremely demotivated
- Page 42 and 43: trial- are the responsibility of th
- Page 44: Where programmes are jn placeIn som
- Page 47: At Westville Youth Centre, there is
- Page 50 and 51: VIOLENCE IN PRISONS
- Page 52 and 53: AssaultAs part of their mission sta
- Page 54 and 55: of 24, sometimes without even a tel
- Page 56 and 57: "Personnel should be qualified and
- Page 58 and 59: the night at 3pm. In some instituti
- Page 60 and 61: the ages of 15 and 17. In an emerge
- Page 62 and 63: Generally, serious problems are ref
- Page 64 and 65: Alternatively, if a charge is to be
- Page 66 and 67: One of the consistent patterns that
- Page 68 and 69: Often children say that they are, n
- Page 70 and 71: the names of their lawyers. Three o
- Page 74 and 75: Postponements and finalisation of c
- Page 76 and 77: Figure 7 shows the length of senten
- Page 78 and 79: How the Children are Cared For8. An
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