For children aged between 12 and 14 years, the law introduces a presumption that they lack criminal capacity, unless proven otherwise by the state.
A 12-year-old child has appeared before the Brakpan Magistrates Court on charges of culpable homicide and driving without a license after allegedly causing the death of a 14-year-old boy.
According to reports, the younger child was driving his parents’ vehicle when the fatal collision took place in Brakpan, Gauteng, on Saturday.
Details of the fatal collision
According to the National Prosecuting Authority (NPA), the 12-year-old was behind the wheel when he ran a stop sign and struck the teenage victim.
“It is alleged that on 7 June 2025, the minor was driving his parents’ vehicle at the corner of Madeley and Northdeene Street when he drove over a 14-year-old boy and bumped into a wall.
“The 14-year-old boy sustained injuries and was declared dead on the scene,” said NPA Regional spokesperson Lumka Mahanjana.
Following the collision, the younger child was arrested.
“The 12-year-old was then taken to the Brakpan charge office and later released into the care of his parents by police,” Mahanjana added.
He was only released into his parents’ custody on Sunday, 8 June 2025.
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Court proceedings and legal considerations
During Monday’s court appearance, the minor was accompanied by his guardian, as required by law.
The matter has been postponed until 28 August 2025 to allow for a comprehensive assessment of the child’s criminal capacity.
The law introduces a presumption that children aged between 12 and 14 lack criminal capacity unless the state proves otherwise.
“A child falling in this age group can only be arrested as a last resort,” LegalWise stated.
Current legislation directs that 14-year-olds and above can typically stand trial in South African courts.
The Constitutional Court firmly established the principle that child offenders must be treated differently from adults, a view that was solidified when the Child Justice Act 75 of 2008 came into effect on 1 April 2010.
This Act introduced a separate criminal justice system tailored specifically for children, aiming to address their unique needs and circumstances within the legal framework.
LegalWise explains that “under the Child Justice Act, a child under the age of 12 years has no criminal capacity and cannot be prosecuted or arrested for an offence. It does not mean that there will be no consequences if the child is found guilty.”
The Act instead “offers alternatives for rehabilitation by diverting a child offender from a prison sentence to community service, counselling and therapy.”
This reflects a significant shift in focus—from punishment to rehabilitation, acknowledging that children are still developing and should be given the opportunity to reform.
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