A tragic incident in Gauteng involving a 12-year-old driver who fatally struck a 14-year-old pedestrian has raised serious legal questions and public concern. This article explores the legal consequences and the processes that follow when a child of such a young age faces criminal charges for a fatal crash
The Incident and Immediate Legal Response
In Brakpan, a 12-year-old boy allegedly drove his parents’ Mazda and struck a 14-year-old pedestrian, resulting in the teenager’s death. South African authorities are now investigating how the 12-year-old gained access to the vehicle and what legal steps will follow as the child faces criminal charges.
According to crime analyst Thabang Bogopa, when minors commit offenses, the Children in Conflict with the Law Act (Child Justice Act) is applied. This act focuses on protecting children aged 12 to 17, emphasising their rehabilitation rather than harsh punishment.
The Child Justice Act and Its Role
Under the Child Justice Act, a special inquiry is conducted where social workers interview the child and witnesses. Based on these interviews, recommendations are made to the magistrate about how to proceed—whether through prosecution, a private hearing, or referral to a child welfare program.
Bogopa explains that this law encourages restorative justice and alternative sentencing to help minors avoid criminal records when appropriate. Mediation is often suggested when others are affected by the child’s actions.
Legal Accountability for Adults Involved
The law also targets adults who allowed the 12-year-old to drive. The National Road Traffic Act makes it an offense to give a vehicle to someone without a valid driver’s license. Therefore, those responsible for handing over the car to the 12-year-old can face charges.
Bogopa stresses the importance of parents educating children on the risks and legal consequences of driving without a license. He advises against allowing children under 16 to operate vehicles, as learner’s licenses are only available from age 16, and full licenses from age 18.
Insurance and Civil Consequences
Aside from criminal charges, the accident may trigger civil claims for the damage caused. Usually, comprehensive vehicle insurance can cover third-party damages up to a certain amount, often in the millions of rand. The resolution of these claims typically happens between the parents and their insurance company.
Court Proceedings and Future Dates
The 12-year-old appeared in Brakpan Magistrate’s Court charged with culpable homicide and driving without a license. The case has been postponed to August 28, 2025, to assess the child’s criminal capacity.
Officials from the Ekurhuleni Metropolitan Police Department confirmed their involvement at the accident scene and reported the fatality. The boy was released to his parents’ care following initial police procedures.
