23:00

The father, who faces a charge of negligent handling of a firearm, was released on R3 000 bail. The child will undergo an assessment in line with the Child Justice Act to determine the appropriate legal and psychological support required.

11:20

LIMPOPO -Thabazimbi police have launched an investigation after a farm worker was shot and killed early on Saturday morning (October 11).

The incident involved an 11-year-old boy, and authorities are investigating the circumstances surrounding what is believed to be an accidental shooting.

Paramedics were called to the scene and declared the victim dead on arrival.

“Preliminary investigations suggest the child had been shooting at guinea fowls on the property when he accidentally discharged the firearm, striking the farm worker. The boy’s father (43) was arrested and charged with negligent handling of a firearm,” the police spokesperson Col Malesela Ledwaba said.

He added that the weapon and cartridge were confiscated as evidence and that both the father and the minor (in accordance with the Child Justice Act (CJA) 75 of 2008) are expected to appear before the Thabazimbi Magistrate’s Court today (October 13).

What the Child Justice Act says

According to the Act, children under 12 cannot be arrested or prosecuted and are referred to social workers. 

“A child older than 10 years but below the age of 14 is presumed to lack criminal capacity, unless the state proves that he/she has criminal capacity and only then can they be arrested,” the site reads.

In terms of the CJA, an informal process called a preliminary inquiry will be held within 48 hours of the child’s arrest, before the first court appearance.

The preliminary inquiry will be attended by many different people, including a magistrate, the child, his/her parents, a prosecutor and a probation officer among others.

These people will speak to the child and talk about the factors that may have led the child to commit the crime.

They will also try to find ways of assisting the child to accept that he/she did wrong and that he or she is responsible.

In the case where the child accepts that he or she has done wrong, a plan is created to resolve the original crime in such a way that he or she does not continue to commit crime and violence.

The provincial commissioner responds

The provincial police commissioner, Lieutenant General Thembi Hadebe, expressed deep concern over the tragedy and emphasised the importance of responsible gun ownership.

“This heartbreaking incident serves as a reminder that firearms must be handled with the utmost care and stored securely at all times. Parents and guardians must ensure that children do not have access to firearms under any circumstances,” she said.