Abstract provided by author
Many jurisdictions are searching for new and better approaches for dealing with youth crime. It is as if, in the latter part of the 20th century, many countries suddenly discovered that there is more than one way of responding to youths who offend. Principles, purposes and procedures all changed, but the ambivalence within each community remains. Namibia is a newly independent nation, which in the wake of colonial oppression has yet to come up with a comprehensive juvenile justice system. It has ratified several international legislation regarding the treatment of youth offenders however practices in Namibia do not seem to be in conformity with these international legal instruments. By so doing, the Constitutional rights of these youth offenders are also being infringed upon. There are special provisions in the Criminal Procedure Act 51 of 1977 applicable only to youth offenders however, these offenders are essentially dealt with by the same criminal justice system as all other offenders. With limited choices courts, tend to sentence juvenile offenders such a way that the sentence is proportionate to the crime committed. Given the proper level of accountability and the proper types of programmes to change their behaviour, there is a likelihood of salvaging juveniles. Canada is viewed as one of the pioneering countries in restorative practices, youth offenders under this system are much more better off than those in Namibia. The Juvenile Justice Bill that was tabled in parliament is a commendable piece of legislation that when tested against the Canadian Youth Criminal Justice Act appears to place Namibia more in line with international legal instruments as than Canada
