By The Breakfast Team
The brutal murder of Thoriso Thahamane was recorded on a cellphone video which has since gone viral, sparking public outrage.
One of the suspects arrested, a 15-year-old Limpopo high school pupil, is facing another charge for attempted murder after he allegedly stabbed another person last year.
Speaking to Advocate Mzo Madolo who is a prosecutor with the NPA specialising in Child Justice says children under the age of 10 are deemed to lack the criminal capacity to be charged and cannot be arrested.
[WATCH] Prosecutor with the NPA specialising in Child Justice Advocate Mzo Madolo asks, at what age do you think a child should be sent to prison for a crime they have convicted? #BreakfastWithDavid pic.twitter.com/OCbpufPdT8
— Kaya 959 Talk (@KayaFMTalk) February 28, 2019
Children 14 and older are legally defined as having full criminal capacity and are therefore responsible for their actions.
Advocate Madolo says a child’s upbringing and environment are one of the considerations that are important during a prosecution.
Listen to the full conversation here: