19/10/2026
The recent attack on a six-year-old child in Umhlali has understandably caused shock, anger and deep concern in our community.
What happened was serious. A child was harmed, and that should never be minimised.
At the same time, cases involving minors raise difficult legal questions, because South African law does not treat children in exactly the same way as adults when criminal responsibility is assessed.
That is where the concept of criminal capacity becomes important.
The law looks at age, but it also considers whether a child was capable of understanding the wrongfulness of their conduct and acting in accordance with that understanding. Where a child is old enough to face prosecution, the matter is still handled through the child justice system, with procedures designed specifically for minors.
This does not excuse harmful conduct.
It means that the law must pursue accountability, fairness and protection at the same time.
In matters involving children, emotion understandably runs high. That is precisely why clear legal guidance matters.
Harilall Naik Peters Attorneys supports the protection of children, the rights of victims and the proper application of the law in every case.
Serious harm deserves serious attention.
So does getting the law right.
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