Abstract
Focusing on the prospects and reform of child justice administration in Africa from a comparative perspective, this chapter notes some achievements in the primary objectives of reintegration of child offenders into the society. It showcases the laudable provisions of the Constitutions of some African countries and singled out South Africa child justice regime which has been argued to be the best practice in the world. Some good examples have been cited in this chapter with regards to expungement of criminal record of convicted children, minimum age and implementation of diversionary measures in South Africa. However, considering the uniqueness of child justice system, this chapter identified the key challenges which cut across most countries in Africa. The chapter shows that while Africa has a system of child justice laws in place, the extent to which these laws have been stood up to the twenty-first-century challenges remains doubtful especially, in the area of inadequate budgetary allocations that have hindered the effective implementations of the laws in Africa, South Africa inclusive. Some themes for reform were offered by the author in this chapter with the aim of prioritising child justice system in order to set aside resources to make the system work.
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Notes
- 1.
By Section 318 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), “Concurrent Legislative List” means “the list of matters set out in the first column in part II of the Second Schedule to this Constitution with respect to which the National Assembly and a House of Assembly may make laws to the extent prescribed, respectively, opposite thereto in the second column thereof”. See first column in part II of the Second Schedule.
- 2.
To give credence to the supremacy of the Constitution, Section 1(3) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) provides that “If any law is inconsistent with the provisions of this Constitution, this Constitution shall prevail, and that other law shall to the extent of the inconsistency be void”.
- 3.
Interview conducted in 2015.
- 4.
1998 (2) SACR 35 (W).
- 5.
2000 (1) SACR 574 (W).
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Abdulraheem-Mustapha, M.A. (2020). Reforming Child Justice Administration in Africa: Comparative Perspectives, Conclusion and the Way Forward. In: Child Justice Administration in Africa. Palgrave Macmillan, Cham. https://doi.org/10.1007/978-3-030-19015-6_7
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DOI: https://doi.org/10.1007/978-3-030-19015-6_7
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Publisher Name: Palgrave Macmillan, Cham
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