12-year-old in court after killing 14-year-old in Brakpan collision
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.
ALSO READ: Four taken to hospital after collision on R328
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.
NOW READ: Trio convicted for brutal farm attack in Eastern Cape
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
The South African
4 hours ago
- The South African
Man shot dead after being robbed of backpack in Inanda, KZN
A man was shot dead in Inanda, KZN, on Saturday, 21 June 2025, after being robbed of his backpack. According to Reaction Unit South Africa (RUSA), a motorist reported to the security company after witnessing two men attacking the victim with pipes. The motorist recalled that the suspects quickly fled the scene with the victim's backpack upon noticing him stop. The motorist said that he was unaware that the victim had been shot. Emergency Medical Services (EMS) were summoned to the scene and found the man unresponsive. Paramedics declared him dead after he sustained a gunshot wound to his back that went through his chest. The suspects have not been apprehended yet. Two-night shift employees at a used spare business in Hazelmere, KZN, were attacked by six armed robbers and tied up for 11 hours on Friday, 20 June 2025. The suspects covered the victims' faces and tied them up at gunpoint. RUSA explained, 'Their hands & feet were bound with belts & shoelaces. Used vehicle bumpers & body parts were then stacked on top of the victims & they were found by dayshift staff eleven (11) hours later in the same position.' The suspects stole mag rims, power tools, car body parts and other items worth thousands of rands throughout the night. According to reports, it is alleged that the leader of the gang was a Mozambican National who was an employee at the same company. The foreign national had his face covered up when the robbery was in progress. He was found in possession of the items taken during the robbery and was arrested. Additional items were discovered in various locations at a home near the Hazelmere Dam. The suspect told RUSA that his accomplices had fled the scene and were on the run. Investigations are taking place. Let us know by leaving a comment below, or send a WhatsApp to 060 011 021 1 Subscribe to The South African website's newsletters and follow us on WhatsApp, Facebook, X and Bluesky for the latest news.
The South African
5 hours ago
- The South African
'She is still alive': Joslin Smith hope renewed
The National Prosecuting Authority has renewed hope that little Joslin Smith is still alive despite being missing for over a year. The Salanha Bay girl's disappearance has sparked a national, and even international, rescue effort. Her mother, Kelly Smith, and two others – Jacquin 'Boeta' Appollis and Steveno van Rhyn – have since been convicted and sentenced for kidnapping and child trafficking. Speaking in a webinar this week, NPA prosecutor Zelda Swanepoel shared her beliefs about Joslin Smith. Earlier this month, Swapepoel helped the state to convict Joslin's mother, Kelly Smith, the latter's boyfriend, Jacquin 'Boeta' Appollis, and their pal, Steveno van Rhyn. A life sentence for trafficking and kidnapping was handed down by Western Cape High Court judge, Nathan Erasmus. She said of the search for the missing girl: 'We have done a comprehensive search in Saldanha of all the exhibits. 'Everything that was found in all of those dunes, all the bones, all the clothing, was analysed, there were no positive DNA results found on anything. She continued: 'I'm convinced that she is still alive. However, I don't know where she is. I can only hope we find her.' Will Kelly Smith ever reveal where her daughter Joslin is? The Saldanha Bay girl went missing on 19 February 2024. Images via YouTube screenshot: SABC Swanepoel added that Joslin's case was the first prosecution she had worked on where the missing child had not been found. She added that much of the case hung on the state witness Lourentia Lombaard. The NPA was also banking on the possibility that Joslin's mother would testify. 'We were always hopeful during the trial that the accused would come and testify in the main trial. The plan was to destroy their credibility and demonstrate the improbabilities in their versions. Yes, their decision to remain silent, especially Kelly, was very disappointing,' she added. Meanwhile, Joslin's mother Kelly Smith as well as Appollis and van Rhyn have filed their notices this week for leave to appeal their convictions and sentences. The NPA are also awaiting the fate of the state witness Lourentia Lombaard, whose verdict will be announced by Judge Erasmus at an appointed date. A 204 inquiry will determine if Lombaard will be granted indemnity based on her testimony. If the court does find that Lombaard did not testify truthfully, she could face prosecution for perjury and related charges. Lombaard previously stated under oath that Joslin's mother, Kelly Smith, allegedly sold her to a sangoma for R20 000. Let us know by leaving a comment below, or send a WhatsApp to 060 011 021 1 . Subscribe to The South African website's newsletters and follow us on WhatsApp , Facebook , X, and Bluesky for the latest news.
eNCA
9 hours ago
- eNCA
Katlego Bereng's mother pleads for justice
BLOEMFONTEIN - A grieving mother is desperate to know why her son died, and why his body ended up in Thabo Bester's cell. Katlego Bereng's body was planted in the cell as part of the rapist and murderer's elaborate escape. The NPA dropped charges of murder against the accused in the Bester escape due to insufficient evidence. But Bereng's mother is convinced those in the dock killed her son. The state is alleging that Nandipha Magudumana claimed Bereng's body under false pretences, with the help of Zimbabwean Zanda Moyo. A post-mortem report said Bereng died of unnatural causes. His family hopes the trial will reveal how he died.
