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The South African criminal justice system is largely punitive, retributive and adversarial in nature; this was also true for the child justice systems, until the acknowledgement and advancement of children’s rights. The United Nations Convention on the Rights of the Child (CRC) deals specifically with children in conflict with the law. Article 40 of the CRC provides inter alia that the child in conflict with the law has a right to the promotion of his or her sense of dignity and worth, and the reinforcement of the child’s respect for human rights and fundamental freedoms of others. State parties also have an obligation to develop a comprehensive juvenile justice system through laws, procedures, authorities and institutions. Thus states are required to have specialised units within the police, judiciary, court system, prosecution and legal representation in order to deal with children in conflict with the law. Furthermore, state parties are required to have alternatives in place to deal with children in conflict with the law so as to ensure the limitation of resorting to judicial proceedings. The importance of diverting the child away from the criminal justice system is thus emphasised (Hodgkin & Newell, 2007:601-602, 616, 618). In line with international standards, the South African Constitution also guarantees, in section 28(1)(g), that children should be detained only as a measure of last resort and then kept separate from adults.

EVALUATING THE APPLICATION OF RESTORATIVE JUSTICE AT THE MANGAUNG ONE-STOP CHILD JUSTICE CENTRE