2 days ago
Legal implications for a 12-year-old driver in a fatal crash? Understanding the consequences
A 14-year-old pedestrian tragically lost his life in Brakpan after being struck by a Mazda allegedly driven by a 12-year-old boy.
Image: Supplied
As South Africans express shock over the incident where a 12-year-old Gauteng boy allegedly fatally struck a 14-year-old boy while the 12-year-old was driving his parents' car, crime analyst says the law will probe into the circumstances of how the 12-year-old ended up with the vehicle.
In an interview with IOL, crime researcher Thabang Bogopa said after the horrific incident, the child is carefully assessed and recommendations are made to the presiding officer.
'Once a minor is involved in the commission of an offence, the statute that will come into play is called the Children in Conflict with the Law Act (Child Justice Act). What will normally happen is that an inquiry will be held involving social workers who will interview the child, potential witnesses and make recommendation to the magistrate as to whether the child should be prosecuted, or whether the child should be given a hearing in camera which means in private, and be referred for a programme, normally at the child welfare," he said.
"Children in conflict with the law are young individuals aged 12 to 17 who are suspected of committing crimes. The Child Justice Act (CJA) in South Africa provides a separate system for dealing with these children, focusing on their best interests and rights, and aims to prevent them from obtaining criminal records in appropriate cases."
Bogopa said the CJA emphasizes restorative justice, diversions, and alternative sentencing options to help children turn their lives around.
He said in instances where other people are affected by the minor's crime, mediation will also be recommended.
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Crime researcher Thabang Bogopa spoke to IOL
Image: Supplied
Bogopa however, said the law will carefully probe into circumstances on how the 12-year-old ended up with the vehicle, and there would be repercussions for anyone who gave the minor a vehicle. Get your news on the go, click here to join the IOL News WhatsApp channel.
'The person who gave the child the vehicle would be charged in terms of the National Road Traffic Act, there is a scheduled offence there which involves giving someone who does not have a driver's licence a vehicle to operate. So they would be charged under that Act," he said.
"In this case, they would be charged for giving a child who is underage a vehicle, but also someone who does not have a valid driver's licence."
The criminologist said it is imperative for parents to conscientise their children strongly against driving without a licence, which is a serious offence.
"The advice would be for parents to desist from allowing their children to drive, especially if they are below 16, because if they are above 16, they can have a learner's licence and drive under the supervision of an adult. When they are 18 then they get a driver's licences to operate a motor vehicle on a public road," said Bogopa.
He said the massive infrastructural damages caused by the vehicle may become the subject of a civil dispute.
"Normally, a full comprehensive vehicle insurance cover would cover up to R5 million of the third party. So, it means the parents' insurance will pay off the damage. It will be between the parents and their insurance as to how they fix it going forward," he said.
IOL reported on Monday that the 12-year-old boy appeared before the Brakpan Magistrate's Court in Gauteng after he allegedly fatally struck a 14-year-old boy while driving his parents' car.
The boy appeared in court on Monday in the presence of his guardian. He is facing a charge of culpable homicide and driving a motor vehicle without a licence.
National Prosecuting Authority (NPA) spokesperson, Lumka Mahanjana, said on Saturday, June 7, 2025, the 12-year-old was allegedly driving his parents' car at the corner of Madeley and Northdeene Street when he drove over a 14-year-old boy and subsequently bumped into a wall.
"The 14-year-old boy sustained injuries and was declared dead on the scene. The 12-year-old was then taken to the Brakpan charge office and later released into the care of his parents by police on June 8, 2025," said Mahanjana.
Mahanjana added that matter was postponed to August 28, 2025, to determine the 12-year-old boy's criminal capacity.
According to City of Ekurhuleni spokesperson Zweli Dlamini, officers from the Ekurhuleni Metropolitan Police Department's (EMPD) Accident Bureau responded to the scene, where paramedics had already declared the teenage pedestrian deceased.
"At the scene, officers found a Mazda that allegedly bumped the pedestrian driven by a 12-year-old driver," said Dlamini.
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