The Children’s Bill
NCOP Briefing
Department of Social Development
2&5 August 2005
Purpose of Briefing
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Situational Analysis/context in which the
Bill will be implemented
Process of developing the Bill and
deliberations in parliament
Summary of chapters in the Bill
Way forward
Situation analysis and context
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Population of children in the country– 18,9m
Children’s rights not adequately provided in existing
legislation
Children and poverty almost 45% live in extreme
poverty
5,8 million in receipt of grants
HIV and AIDS
Child abuse, neglect and exploitation
Psychosocial support and strengthening of families
and communities
Provincial
Departments
National
KZN
Gauteng
Free State
Limpopo
North West
Mpumalanga
North Cape
West Cape
East Cape
Provincial
Provincial
Populations
Proportions
46888100 100.0%
9651000 20.6%
9018000 19.2%
2953100 6.3%
5635000 12.0%
3823900 8.2%
3219900 6.9%
902300 1.9%
4645600 9.9%
7039300 15.0%
Number of
Children
18,990,071
4,246,440
2,975,940
1,181,240
2,592,100
1,491,321
1,384,557
324,828
1,625,960
3,167,685
45.0%
Children living
in poverty
8,545,532
1,910,898
1,339,173
531,558
1,166,445
671,094
623,051
146,173
731,682
1,425,458
PROVINCIAL POPULATIONS ACCORDING TO THE STATISTICS SOUTH AFRICA 2005 MID YEAR ESTIMATES
PROVINCIAL PROPORTIONS: PROPORTION OF POPULATION LIVING IN EACH PROVINCE IN 2005 (STATS SA)
NUMBER OF CHILDREN IN EACH PROVINCE: CHILDREN 0-18
Policies
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Constitution
White Paper for Social Welfare
Ten point plan
Transformation of the child and youth care system
and other policies in other Depts
Draft Strategy on child abuse and neglect
Financial award policy
Service delivery model
Departments Strategic plans
Childcare Act 1983 and related legislation developed
and implemented by other Depts
Existing Major Programmes
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Established Developmental social welfare and statutory Services
Services provided e.g by other departments
Court system
Social Security 5,8m children beneficiaries –extension
programme to 14
Social security agency
Home Community Based Care and Support
Coordinated Action for Orphans and Vulnerable Children
Expanded public works programme- ECD &HCBC
Structures
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Office on the Rights of Children
Clusters e.g Social Cluster and Justice cluster
Various inter-sectoral committees
Service delivery structures at provincial level
National and provincial structures: HSD and MinMEC
and HSWS,
NGOs structures
Social welfare services’ forum on Children’s Issues.
Cabinet
Parliamentary structures
Challenges
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Full implementation of a child right’s approach
Insufficient budget
Inaccessibility of services and courts
Coverage and consolidation
Human resources
Policies
Intersectoral collaboration
The role of local government
Research and monitoring and information
management
Opportunities
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Costing of the Children’s Bill
Repositioning of the Department
Transformation of integrated social services the
through financing policy
Retention strategy
Partnerships
Linking grants and welfare services and other
programmes
International instruments
Strong political leadership
General Background and
Overview
The lives of children are affected by
various pieces of legislation and
international conventions such as:
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The Age of Majority Act (Act No. 57 of 1972)
The Child Care Act (Act No. 74 of 1983)
Children’s Status Act, (Act No. 82 of 1987)
Guardianship Act (Act No. 192 of 1993)
Hague Convention on the Civil Aspects of
International Child Abduction Act (Act No. 72
of 1996)
Natural Fathers of Children born out of
Wedlock Act (Act No. 86 of 1997)
General Background and
Overview
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Existing legislation was found to be
not in keeping with the realities of
current social problems and no
longer protects children adequately
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SA has acceded to various
international conventions, the
principles of which has to
be incorporated into local
legislation
General Background and
Overview
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During 1997 the then Minister for
Welfare requested the South African
Law Reform Commission to develop
new comprehensive legislation for
children
After an extensive process of
research and consultation, the Law
Reform Commission finalised its
report and proposed draft
Children’s Bill in December 2002.
General Background and
Overview
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This process was taken further by DSD, who
in conjunction with national DOJ, DOE, DOH,
SAPS, DOL, ORC, National Treasury,
Provinces, National NGOs and Service
Providers aligned the Bill to national policy
directives and priorities
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This together with an scoping exercise of the
Bill which identified the costing elements
which may have inter-governmental fiscal and
budgetary implications and litigation risks
led to the subsequent changes of the Bill
Process
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Bill approved by Cabinet in July 2003 with further changes
alignining it to the Constitutional mandates and realistic
resources
Bill published for comment and submitted for certification,
translation by Legal Services Directorate
Bill submitted to Parliament in August 2003, returned to DSD
with request for splitting it into Sections 75 and 76 Bills, then
resubmitted, returned again in Jan 2004, resubmitted and finally
sent to Soc Dev PC for further deliberations
75 deals with national competencies and 76 with provincial
direct service delivery responsibities
Process
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The split has led to the moving of
all Section 75 chapters and clauses
to revised Children’s Bill.
Other chapters and clauses to be
inserted in Children’s Amendment
Bill once Children’s Bill is approved
Process
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The initial Portfolio Committee briefings were held in
November 2003 before the elections.
The new Portfolio Committee was briefed during August
2004 first by DSD then by other Depts: Justice,
Correctional Services, SAPS, Education, Home Affairs,
Labour, Health, the Presidency and Treasury before and
after the hearings on several occasions.
Steering Committee
Public Hearings held on 11-13 August
Process
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Workshop in December 2004 to identify existing
responsibilities, policy and legislation as well as gaps in
different Departments
Output Report/Matrix
Decision taken : focus of the Bill on protection of
children
Workshop held in April 2005 to deal with unresolved
issues e.g intersectoral collaboration, cultural and
religious practices, customary law, guardianship, the
role of social workers in investigating cases, children
with disability, consenting to medical treatment, child
headed households and inheritance.
Process
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After the PC was satisfied that it had
gathered all the relevant information, all
the clauses were reviewed, scrutinized
and amended where necessary.
Significant changes were made to the
original Bill
The Bill was passed on 22/6/2005
The Objects of the Bill
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The Bill provides for the following:
The preservation and strengthening of
families;
To give effect to the following
constitutional rights of children, namely—*
 (i) family care or parental care or
appropriate alternative care when removed
from the family environment;
 (ii) social services;
 (iii) protection from maltreatment,
neglect, abuse or degradation;
Objects of the Bill
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Paramouncy of the best interests of a child
To give effect to the Republic’s obligations
concerning international instruments binding
on the Republic; and
To make provision for structures, services
and means for promoting and monitoring the
sound physical, psychological, intellectual,
emotional and social development of
children;
To strengthen and develop community
structures which can assist in providing
care and protection for children;
Contents of the Bill
The Bill has 17 chapters, which can be
summarised as follows:
 Chapter 1 deals with the interpretation,
objects, application and implementation of
the Bill. Chapter 2 provides for children’s
rights and deals with issues such as the
paramountcy of the best interest of the
child, child participation, social, cultural
and religious practices, access to
children’s court and the age of majority.
Contents of the Bill
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Chapter 3 deals with all matters pertaining to parental
responsibilities and rights, parental responsibilities and
rights agreements and the assignment of parental
responsibilities and rights by order of court. This chapter
also provides for the rights of fathers, presumption of
paternity, parenting plans and the rights of children
conceived by artificial fertilisation.
The functioning, powers and jurisdiction of children’s
courts, the conduct of proceedings before the children’s
court and presiding officers and other court officials form
the subject matter of Chapter 4of the Bill.
Content of the Bill
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Chapters 5, 6, 7, 8, 11, 12, 13 and 14,
respectively, will be in the Amendment Bill.
These chapters deal with provincial
competencies regarding service delivery to
children such as ECD, Prevention and Early
Intervention,Reporting abuse,neglect and
exploitation. Partial Care, Foster Care, Child
and Youth Care Centres, Shelters and Drop in
Centres
Contents of the Bill
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Chapter 7 is a crucial part of the Bill as it provides for
the National Child Protection Registers A&B and
measures relating to the health of children: consent to
medical treatment and HIV&AIDS testing.
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Chapter 9 deals with the child in need of care and
protection, provides for the identification of such
children and provides for actions to be taken with
regard to children in need of care and protection.
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Chapter 10 deals with Contribution Orders
Contents of the Bill
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Chapters 15 and 16, respectively, provide for adoption
and inter-country adoption and give effect to the Hague
Convention on Protection of Children and Co-operation in
respect of Inter-Country Adoption.
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Chapter 17 gives effect to the Hague Convention on the
Civil Aspects of International Child Abduction, while
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Chapter 18 similarly gives effect to the UN Protocol to
Prevent, Suppress and Punish Trafficking in Persons,
Especially Women and Children.
Contents of the Bill
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Chapter 19 introduces new legislation into the
South African legal system by formally providing
for surrogate motherhood.
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Chapters 20 provides for the enforcement of the
Bill through powers of inspection and the creation
of offences.
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Chapters 21 and 22 of the Bill deal with general
administrative issues and other miscellaneous
matters such as regulations, delegations and
assignments, outsourcing of services and
transitional measures.
New Proposals
Significant new proposals include
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Inclusion of rights and responsibilities of
children
Recognition of the rights of children with
disabilities and chronic illnesses
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Recognition of unaccompanied foreign minors
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Specific provision for the participation of
children in matters affecting them
The Bill proposes to lower the age of majority
and provides for parental responsibilities and
rights agreements
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New Proposals
Significant new proposals include
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New child protection system for children
National Child Protection register part B
An extension of the rights of unmarried
fathers, provision for a High Court procedure
to allow persons other than parents to gain
rights with regard to children,
The need to formally recognise and provide
for child-headed households and the
protection of children.
New Proposals
Significant new proposals include
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Broadens the definition of Adoption Social Worker
to include Social Workers in the employ of
Provincial Departments of Social Development
Adoption by same sex partners in a permanent
domestic conjugal life-partnership
Making provision for persons who previously was
disqualified from adopting a child based on his or
her financial status and allowing adoptive parents
to apply for means tested social assistance
Adoption register, open adoptions and intercountry adoptions
New Proposals
Significant new proposals include
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Provides for means to deal with inappropriate
cultural practices :prohibition of virginity
testing
Using the term Child and Youth Care Centres
for Children’s Homes, Schools of Industry,
Reform Schools
Recognition of the Role of social workers in
children’s court processes
Current position and future plans
Action
Responsibility
Time frame
The approval of the Section 75 Bill
National Council of Provinces
November 2005
Promulgation of the Children’s Act
DSD
December 2005 or February 2006
Re introduction of Section 76 Bill
DSD
February 2006
Approval of the Amendment Act (76)
Parliament (both houses)
November 2006 or April 2007
Promulgation of the Amendment Act
DSD
June 2007
Costing of the Bill
DSD/Steering Committee
February 2006
Development of Regulations
DSD
September 2005-June 2007
Implementation of the Act
Steering Committee/Depts/NGOs
July 2007
Development of practice guidelines
DSD/Steering Committee
September 2005-June 2007
Training of service providers
DSD/Steering Committee
January 2006