Returning to a Reluctant Sender: An Exploration into Community Attitudes toward Diversion and Reintegration in South Africa

Child and youth crime continues to be one of the primary challenges facing post-apartheid South Africa. The increasingly high numbers of young, first time perpetrators incarcerated for various minor offences is an issue that raises infinite contention worldwide. it is estimated by the Department of Correctional Services that 4% of all awaiting trial prisoners are children younger than 18 years. moreover, 2.5% of the sentenced prison population are comprised of children under the age of 18 years. The extent of young offenders awaiting trial in the country's correctional facilities is a considerable statistic when considering that many of their offences are suitable for diversion.

Advocates for children's rights have for long been engaged in the battle for the establishment of a separate system to deal specifically with first-time child and youth offenders of minor crimes. The birth of democracy in South Africa has aided the sustained action towards a new justice system which incorporates principles of restorative justice. The Child justice Act 75 of 2008 (CjA) finally came into being in 2010. prior to this, the implementation of alternative forms of sentencing such as diversion were conducted on a small and relatively unmonitored scale under the Child justice Bill 49 of 2002.

The new act has been welcomed mainly because of the guidelines and legal framework it provides for child justice in South Africa. These guidelines include the regulations for diversion and alternative penalties for young offenders, and also outline suitable penalties based on the age, background and other factors such as the offence and religious beliefs of the young offender.