The teenage boy in the Deveney Nel murder case may not be named or photographed as he is minor, but what happens when he turns 18?
The accused in the Deveney Nel murder is a juvenile, but what happens if the accused turns 18 at the start or during the trial? Graphic: Kim KayIn all likelihood, given court proceedings and history in SA, the trial could likely only proceed when the accused turns 18.
He made a brief appearance in the Caledon Magistrate’s Court in the Western Cape and was taken to a place of safety.South Africa is not new to child offenders. Over the years, our courts have heard multiple cases of children convicted of murder. He and his girlfriend Michelle Nadasen, then 23, killed the man, buried him under a mango tree and then later exhumed his body before throwing it into the crocodile-infested Nseleni River on the KZN North Coast.The proceedings were held in open court.Judge Mohini Murugasen found that, despite his youthful age, Govender had to be jailed.
“Criminal capacity essentially asks whether a person has the cognitive ability and maturity to distinguish between right and wrong, to act in accordance with that appreciation, and also to understand the consequences of their actions.“What this means is that this person can be tried, convicted etc.““So, if a child is found to have criminal capacity, then they can potentially be held criminally responsible for their unlawful conduct.
“The Child Justice Act creates three categories of children, with differing measures and presumptions related to criminal capacity: under 12, between 12 and 14, and 14 to 18.“ “This is because a principle in our law is that a person’s liability is considered at the time at which the offence was committed, as well as other more focused and child-centric aspects of fairness, justice and legitimate focus on rehabilitation measures if appropriate as opposed to imprisonment.”
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