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 64 93. The Child Justice Act, 200864 and the Regulations issued in pursuance thereof, both underpin the principle of the best interests of the child and therefore singles children out for special protection. It thus affords children in conflict with the law specific safeguards, among others, the right not to be detained, except as a measure of last resort, and if detained, only for the shortest appropriate period of time and the right to be treated in a manner and kept in conditions that take account of the child’s age. Children must be kept separately from adults, and boys from girls, while in detention. It further acknowledges that children have the right to family, parental or appropriate alternative care. They have the right to be protected from maltreatment, neglect, abuse or degradation and the right not to be subjected to practices that could endanger the child’s well-being, education, physical or mental health or spiritual, moral or social development. Based on these protective principles, the Regulations issued in terms of the Child Justice Act contain specific provisions in Chapter 4 which pertain to the detention and placement of a child prior to sentencing. These protective guidelines and procedures aim to guarantee the best interests of the child. 94. In terms of Chapter 4, any complaint or observation about an injury sustained or psychological trauma suffered by a child in detention must be recorded in writing in the form of a comprehensive report. In addition, a register regarding the detention of children in police cells or lock-ups referred to in section 28(3) of the Act must contain a comprehensive list of information pertaining to the child, such as, for example, the full names of the child and any alias or nickname; the nature of the offence alleged to have been committed; the age of the child; the date and time of arrest; the reasons why the child cannot be released; the physical and psychological condition of the child, as observed by a police official, at the time of arrest; and the names, addresses and telephone numbers of the parents or next of kin, if known. 95. This register may be examined in terms of section 28(4) of the Act by a member of the South African Police Service in the performance of his or her functions; a social worker, health care practitioner or probation officer in the performance of his or her functions; the prosecutor involved in the case; a member of the Inter-sectoral Committee for Child Justice established in terms of section 94 of the Act; an independent observer appointed in terms of section 65(6) of the Act; a person who is by law empowered or mandated to take care of the interests of a child; a parent of the child or the appropriate adult or guardian; a staff member of the child and youth care centre where the child is placed; the presiding officer involved in the case; and the legal representative of the child. 96. Following the enactment of the Child Justice Act, a system of preliminary inquiry had been developed and monitoring systems had been developed. Child and Youth Care Facilities (“CYCFs”) has been established for awaiting trial and sentenced children. The Department of Social Development had finalised norms and standards for these institutions. The Department of Basic Education was handing over Reform Schools and Schools of Industry Act No. 75 of 2008 33