REPUBLIC OF SOUTH AFRICA COMBINED SECOND PERIODIC REPORT UNDER THE AFRICAN CHARTER ON HUMAN AND PEOPLE`S RIGHTS and INITIAL REPORT UNDER THE PROTOCOL TO THE AFRICAN CHARTER ON THE RIGHTS OF WOMEN IN AFRICA   89. 62 63 Children from 11 years of age and up to 14 years of age have criminal capacity and the onus to prove criminal capacity on the part of the child accused of having committed a crime, rests with the State. Children above 14 years of age have criminal capacity unless otherwise proven by the accused child. The Constitution and the Child Justice Act, 2008 set out provisions which seek to protect the child under the age of 18 in all interactions in the criminal justice system when such children are in conflict with the law. The dignity and well-being of the child must be protected at all times during an arrest, during the preliminary stages before the matter is referred to court, as well as during the period when the matter is at court and during trial. It entrenches the notion of restorative justice in the criminal justice system. In this regard, the Act provides that where a child is charged with a minor offence, the matter may be diverted away from the criminal justice system. For example, if a child has committed a petty offence the child could be diverted by the prosecutor at court. Diversion options include options such as releasing the child into the care of a parent or appropriate adult or guardian or attendance of certain programs, and so forth. 90. The Act also provides, in exceptional circumstances, for the diversion of children who have committed more serious offences, however, in such instances authorization must be obtained from the relevant Director of Public Prosecutions. In circumstances where a matter is inappropriate for diversion, the Act provides for such a case to be tried in a Child Justice Court. 91. The Child Justice Policy Framework was adopted in May 2010. The Policy Framework provides the blueprint for the coordination and holistic implementation of the Child Justice Act by all Government Departments and civil society. The Policy Framework was drafted by an Inter-sectoral Committee on Child Justice (“ISCCJ”) in consultation with civil society. The National Prosecuting Authority of South Africa (“NPA”) also developed and issued directives in line with the Child Justice Act for prosecutors to effectively and efficiently deal with child justice matters, investigations, preliminary inquiries, diversions and prosecutions. The South African Police Service issued the SAPS National Instruction on Children in Conflict with the Law.62 92. The Regulations on the Child Justice Act, 200863 require that state officials treat children in conflict with the law in a manner conducive to their participation without intimidating or humiliating them during their handling. At all stages of the process the child must be allowed to ask questions and be afforded an opportunity to express themselves. Officials must treat the child with care and understanding, and the officials must be sensitive to the needs of the child. National Instruction 2/2010 Act No. 75 of 2008 32