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 to the DSD and the DSD was building or refurbishing separate wings in at least one CYCF in each province for sentenced children. 97. It is furthermore noteworthy that in the period running up to the promulgation of the Child Justice Act, 200865 the South African government had already initiated a coordinated and sustained focus on the prioritisation of matters involving children in conflict with the law. Three “one-stop” child-justice centres have been established in the country; in Port Elizabeth, Bloemfontein and Klerksdorp. 98. Diversion programmes are a critically successful and effective part of restorative justice. There are many benefits to diversion, including decreased crime amongst young people and lower numbers of young people who need to be institutionalised, as through assessment it is ensured that young people who do not belong in prison are not sent there. The responsibility of child rearing is given back to the parents and where parents are absent, communities are encouraged to take responsibility for some of these children. It also means that the rights of the child are protected. 99. Legal Aid South Africa has also appointed children’s units to provide legal representation to children in conflict with the law. In addition, time frames for concluding cases involving children in conflict with the law have been set: three to six months for cases in district courts; six to nine months for cases in regional courts, and nine to 12 months for cases in high courts. As a consequence, the number of children awaiting trial has significantly reduced over the years. 100. In addition, the SAPS have also developed National Instructions for Children in Need of Care and Protection66 in order to provide clear directives to police officials on the implementation of the Children’s Act, 2005.67 The police have powers to remove a child in need of care and protection and in need of immediate emergency protection from a suspected abusive environment and must arrange for the placement of the child in alternative care. “Alternative care” includes a Child and Youth Care Centre and the care of a responsible adult. 101. The matter of C v Department of Health and Social Development, Gauteng68 concerned the confirmation of a declaration of constitutional invalidity of sections 151 and 152 of the Children’s Act. The Constitutional Court held that the removal and placement of a child must always be subject to automatic judicial review or confirmation by a court. 65 Act No. 75 of 2008 National Instruction 3/2010 67 Act No. 38 of 2005 68 2012 (2) SA 208 (CC) 66 34