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When minors run away of their own free will, specialist investigators face significant challenges,
and the situation creates substantial strain on police, private investigators, and other resources.
SSS has had several cases in months and it is a serious concern for all safety and security organisations.
In South Africa, running away is not criminalised, but authorities can intervene if a child is determined to
be in need of care and protection.
The Children's Act of 2005 states that a child's best interest is paramount.
Aiding and harbouring a minor who has voluntarily run away can have severe legal consequences.
An adult involved in such actions can be arrested for harbouring a runaway, which may include charges such as:
Kidnapping or abduction: Even if the minor voluntarily left home, an adult can face charges for unlawfully keeping the minor away from their legal guardians.
Interference with parental rights: Preventing or delaying a parent or guardian from exercising their custodial rights can result in criminal charges.
Contributing to the delinquency of a minor: If the adult encourages or enables the minor to engage in unlawful activities, they can be charged under this offence.
Failure to report: If an adult fails to notify authorities of a runaway minor’s whereabouts, it can result in legal liability.
These offences can lead to arrest, criminal charges, fines, and imprisonment,
depending on the severity of the case and whether other illegal activities are involved.
THE DIFFICULTIES SPECIALIST INVESTIGATORS AND AUTHORITIES ARE FACED WITH:
CONSENT VS. DANGER:
When minors leave home willingly, investigators face the challenge of determining whether the child is in immediate danger or has been coerced.
Even if they leave voluntarily, the situation often exposes them to dangerous environments or exploitation.
TRACKING AND COOPERATION:
Minors who run away intentionally often go to great lengths to hide their whereabouts.
They may change locations frequently, avoid using communication devices, or hide in areas where it is difficult to conduct searches.
Specialist investigators often face resistance from individuals harbouring the minor.
LEGAL DUTY:
Investigators must balance respecting the minor's perceived "free will" and their legal duty to ensure the minor’s safety.
This often complicates investigations, as it requires cooperation from reluctant third parties.
RESOURCE ALLOCATION:
Searching for a runaway consumes significant time, manpower, and financial resources.
This affects both private investigative teams and the police, diverting attention away from other urgent cases involving clear criminal activity or imminent danger.
IMPACT ON SAPS AND OTHER RESOURCES:
Law enforcement agencies must allocate personnel and time to cases of minors who voluntarily leave, impacting their ability to address other critical crimes such as abductions, kidnappings, or violent offences.
Nationwide searches, forensic tools, and coordination across different provinces place a financial strain on both public and private resources.
Cases involving runaway minors often involve social services, child protection units, and counselling teams, creating further demand for already stretched services.
Families experience emotional distress while the community and media pressure investigative teams to locate the minor, regardless of whether they left willingly.
POSSIBLE LEGAL REPERCUSSIONS:
FOR THE MINOR:
While minors typically face no formal legal consequences for running away, they may be placed under the supervision of child protective services or a juvenile court, especially if their behaviour indicates neglect, abuse, or other underlying issues.
If the minor is found in the company of adults who are enabling or hiding them, further investigations are launched into possible exploitation, grooming, or statutory rape.
FOR ADULTS HARBOURING THE MINOR:
Any adult who assists, hides, or refuses to cooperate with authorities can face criminal charges, such as obstruction of justice, harbouring a runaway, or even kidnapping, depending on the circumstances.
If the adult is involved in a romantic or sexual relationship with the minor, additional charges such as statutory rape or sexual exploitation of a minor may apply, regardless of the minor’s consent.
FOR THE PARENTS/GUARDIANS:
In some cases, questions may arise about the minor's home environment.
Parents or guardians can face investigations into potential neglect or abuse if such claims are made during the search process.
Authorities may also recommend interventions, including counselling or legal action, to ensure the minor’s welfare.
OTHER CONSEQUENCES:
It creates unnecessary pressure on law enforcement and private resources.
It can result in delays in other urgent cases of missing persons.
Minors expose themselves to serious risks, including trafficking, exploitation, violence, and psychological trauma.
Families endure severe emotional and financial stress during the search and legal processes.
The voluntary act of running away by minors creates complex legal, emotional, and logistical challenges for investigators,
the police, and families. While it may appear to be an act of free will, the repercussions can be severe,
particularly for adults who assist or conceal the minor.
The SAPS, other specialist government authorities, and specialist organisations such as SSS and NCA
must act diligently to resolve such cases while ensuring the minor's safety and balancing limited resources effectively.
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Regards,
Mike Bolhuis
Specialist Investigators into
Serious Violent, Serious Economic Crimes & Serious Cybercrimes
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