Teen’s alleged killer unlikely to be tried as an adult
The case of Deveney Nel, the 16-year-old female found dead in a school storeroom in Caledon, has brought into focus the rights of criminal offenders.
Calls were made outside the Caledon Magistrate’s Court on Monday to prosecute Nel’s alleged killer as an adult.
The Citizen reports that NPA spokesperson Eric Ntabazalila did not confirm if the NPA would seek to try the 17-year-old as an adult, he instead stated the Child Justice Act is currently applicable.
Citing S v N and Another, Ntabazalila said the accused’s rights could also be protected up until the age of 21.
‘When a person commits an offence while under the age of 18, their conduct falls to be judged in the context of these considerations,’ notes the judgment of the case involving a minor rapist.
‘That would mean punishing them for what they had done as children as if it had been done when they were adults. That such an approach would impinge on the substance of the rights provided in terms of section 28 of the Constitution is axiomatic,’ the judgment of the 2003 case concluded.
Adéle van Schalkwyk, head of Criminal Law at Burger Huyser Attorneys said ‘essentially, the trial process is the same’ in the Nel case.
She noted that the age of the accused is only relevant in determining the criminal capacity of the offender.
‘The difference would relate to court proceedings in that the minor would be accompanied by an adult and their name would not be revealed to the public,’ Van Schalkwyk told The Citizen.
She added that these stipulations could also be waived at the magistrate’s discretion.
Minors are also eligible for life sentences, with Van Schalkwyk citing the Griekwastad murders, where Don Steenkamp was given a 76-year concurrent sentence for murdering three family members when he was 15.
The name of the alleged killer will probably be never revealed in the public domain due to changes in the Criminal Procedure Act, Die Burger notes.
The Constitutional Court ruled in December 2019 that the CPA ought to guarantee lifetime anonymity for child accused, even after attaining majority.
When Parliament amended section 154 of the CPA in September 2021 to comply with the Constitutional Court judgment, it went further than the court judgment by removing the option for adults to voluntarily disclose their criminal history as a child.
Only a court may therefore authorise the publication of identifying details.
Article disclaimer: While we have made every effort to ensure the accuracy of this article, it is not intended to provide final legal advice as facts and situations will differ from case to case, and therefore specific legal advice should be sought with a lawyer.
