Woodward, S. C., Sloth-Nielsen, J. & Mathiti, V. (2007). South Africa, the arts, and youth in conflict with the law. INTERNATIONAL JOURNAL OF COMMUNITY MUSIC, 1(1): 69-88 University of the Western Cape Research Repository jsloth-nielsen@uwc.ac.za South Africa, the Arts, and Youth In Conflict With the Law Sheila C. Woodward, Julia Sloth-Nielsen, & Vuyisile Mathiti This paper describes the DIME (Diversion into Music Education) youth intervention program that originated in South Africa in 2001. DIME offers instruction in African marimba and djembe bands to juvenile offenders. Conceived as a community collaboration among organizations in the cities of Cape Town, SA and Tampa, USA (including the University of the Western Cape and the University of South Florida), DIME offers a unique example of community music and multicultural music education. In the 1980s, the world focused on people fighting against apartheid in South Africa. These people included many children and teenagers who were arrested and jailed, often without trial. Even worse, many children were held in adult prisons. When South Africa achieved democratic rule in 1994, a new system began to evolve for children in conflict with the law. At the same time, non-governmental organizations concerned with youth crime began experimenting with non-residential "life skills programs" (or "diversion programs") as alternatives to prosecution and incarceration. As a result, alternative programs for young offenders have grown dramatically since 1994 (Sloth-Nielsen, 2001). The major impetus for this growth in alternative programs came from non-governmental and voluntary agencies. Having formed co-operative relationships with courts and prosecutors, these agencies channeled children away from the formal justice system. In return for the eventual withdrawal of charges, these agencies guaranteed that young offenders would satisfactorily complete "diversion programs." These diversion programs have come to be used as pre-trial options, obviating the need for court appearances and criminal trials (Sloth-Nielsen, 2003). The legal mechanism that permitted the use of diversion programs was the prosecutors' discretion to withdraw charges. Magistrates and judges have generally played a limited role in the referral of children to diversion programs. The benefits of diversion over criminal prosecution and trial are clear: • Children avoid detention in police custody where they often come into contact with gangs and hardened criminals • Court time is saved because prosecutors usually withdraw cases from the court roll on condition that young offenders comply with the requirements of diversion programs • Children avoid the negative effects of a criminal record, which can brand them for life and impair their chances of obtaining employment