Orphans 'exposed to gang violence'

13 January 2014 - 02:02 By AARTI J NARSEE
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Orphaned and children in need of care risk being “contaminated” by child offenders awaiting sentencing and children awaiting trial if they are moved from their child-friendly environments to high-security, “prison-like” facilities, as planned.

This is the argument of non-profit organisation the Justice Alliance of SA (JASA), which has taken several government departments to the high court in Cape Town to stop the closure of four child care centres in the Western Cape and the transfer of their children to other centres, including those for children in conflict with the law.

The case comes after a law change moved responsibility for child care centres from the education to the social development department. As a result, some of the education department’s centres will be closed, with children being accommodated in the social development department’s existing centres.

The problem, according to JASA, is that these facilities include high security facilities for children in trouble with the law – and which aren’t appropriate for children in need.

The consequences, JASA claims, are that these children will be exposed to gangs and violence and will be “stigmatised” by being housed in detention-like facilities.

Also, they may be moved to facilities far from their families and could hamper much-needed family visits and interaction.

“The closure of the centre’s stands to severely prejudice children in need of care and protection … and is contrary to the Children’s Act and the constitution,” JASA claims.

JASA also quotes a letter by a senior children’s court magistrate, who says the transfer of these children would expose them to the risk of “contamination” by those from the criminal court system.

The Western Cape Department of Social Development denies the allegations and claims the different groups of children wouldn’t be living together.

“We deny the allegation that children who are not displaying criminal or other high risk behaviour are accommodated together with children who have been sentenced or are awaiting trial,” acting head of the department, Robert Macdonald told [newspaper].

But JASA executive director John Smyth said that, following a visit to one of the centres where the children will be transferred, Bosasa-run Horizon Child and Youth Care Centre, he didn’t see how it was possible for the children to be separated in the facility in practice.

He added that the facility was unlike the Ottery Youth and Child Care Centre in Cape Town, which is set to be closed, and which he described as a “homely boarding school” with a “child-friendly” environment.

Of the Horizon facility, he said: “My general impression of Horizon is that it is a prison-like lock down facility similar to the Pollsmoor Youth wing for over eighteens.”

He added that classrooms and doorless toilets were locked and barred and the buildings and exercise courtyards were made out of brick and concrete with high-security fencing and spikes.

“Horizon is quite simply a prison,” he concluded.

The department has not yet decided whether it will be opposing the application, Macdonald said.

The case is in court in March.

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