CMY2604 Assignment 2 Semester 2 2026 – Due August 2026

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CMY2604 Assignment 2 Semester 2 2026 – Due August 2026

QUESTION 1: PRELIMINARY INQUIRY AND DETENTION (15 MARKS)
SCENARIO: THE CASE OF NKOSI

1.1 Define the concept of a “preliminary inquiry” and critically discuss its nature
and purpose in the context of Nkosi’s case. In your answer, refer to who must be
present at the preliminary inquiry and what orders the inquiry magistrate can
make.

A preliminary inquiry is an informal, inquisitorial pre-trial procedure created by the Child
Justice Act 75 of 2008 that provides a forum to decide on the best way to deal with a
child in conflict with the law (Gallinetti 2009:38). It is held before the child’s first
appearance in court to evaluate the child’s circumstances, family environment and the
factors that may have led the child to commit the offence (Study Guide CMY2604,
Learning Unit 5:53). The preliminary inquiry is regarded as the child’s first appearance
before a lower court in terms of section 50 of the Criminal Procedure Act (Section
43(3)(c) of the Child Justice Act). Its nature is inquisitorial, meaning the inquiry
magistrate plays an active role in questioning and eliciting information rather than acting
as a passive arbiter (Study Guide CMY2604, Learning Unit 5:53). The inquiry must be
held within 48 hours of the child’s arrest, emphasising the Act’s intention to finalise