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A judge rebuked the Western Cape social development department yesterday for "a flagrant disregard of the constitution", for placing children in the care system with those awaiting trial.

Judge Gayaat Salie-Hlophe upheld the submissions of the Justice Alliance of South Africa (Jasa) and Ottery Children's Home that the department was in breach of the constitution for closing four youth care centres - Ottery, Die Bult in George, Wellington and Eureka in Rawsonville - and placing the children living there in high-security institutions "designed for those in breach of the criminal law".

The judge ordered the placements to be "reconsidered forthwith", said John Smyth of Jasa.

The judgment supported the view of Jasa and the Ottery Youth Care and Education Centre governing body that the provincial ministers of social development and education acted unconstitutionally and contrary to the Children's Act in closing the centres.

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