NPA wants inquiry into whether 2 teens understand criminal wrongdoing after assaulting peer

JOHANNESBURG - The National Prosecuting Authority (NPA) is pushing for an inquiry into whether two teenagers accused of assaulting another had the criminal capacity to understand their actions at the time.

On Wednesday, seven teenage girls made a second appearance in the Johannesburg Magistrates Court, following their arrest on Monday, triggered by shocking video footage that spread online.

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The clip shows a 13-year-old girl being slapped, shoved, and kicked.

The accused, aged between 13 and 15, could all face criminal charges, but only if the State can prove they understood their actions were wrong.

Under the Child Justice Act, children under the age of 14 are presumed not to have criminal capacity, meaning they’re not automatically held responsible for criminal acts.

But prosecutors believe there’s evidence to challenge that presumption and have asked the court to test whether at least two of the girls understood the gravity of what they were doing.

“That Criminal Justice Act clearly states that it is presumed that they lack criminal capacity, unless as the State, we are in a position to prove that indeed they do have criminal capacity,” NPA spokesperson Phindi Mjonondwana explained.

If the magistrate finds they did have capacity, they could be prosecuted like any child aged 14 or older.

While acknowledging the young age of the accused, the NPA said school violence must be tackled head-on and believes it’s in the public interest for the court to determine accountability.

The case returns to court next Wednesday.