Address by the Minister of Justice and Correctional Services, Michael Masutha, (MP), Adv, at the celebration of the 25th anniversary of the Office of the Family Advocate, Kimberly
Programme Director,
The Premier of Northern Cape, Honourable Sylvia Lucas
MEC of Social Development, Mr Mxolisi Sokatjhwa
Chief Family Advocate, Adv Petunia Seabi -Mathope
Representatives from NGO’s
Invited learners present
Distinguished guests,
Ladies and gentlemen
It is with great honour and humility that I address this October event in honour of the office of the Family Advocate. October 2015 marks 25 years since the Office of the Family Advocate was established in October 1990. It is befitting that this huge milestone be celebrated due to the fact that the Office of the Family Advocate is a public entity through which the government continues to ensure compliance with its international and constitutional mandate with regard to promoting and protecting the best interests of the minor or dependent children. This is because the Republic of South Africa is a member state of international treaties such as the United Nations Convention on the Rights and of the Child, 1989 and the African Charter on the Rights and Welfare of the Child. It is therefore clear that the Republic of South Africa has committed itself to issues affecting children.
The author of the book Two Thousand Kisses a Day, LR Knost, once said;
“It's not our job to toughen our children up to face a cruel and heartless world. It's our job to raise children who will make the world a little less cruel and heartless.” She went further and said “focus more on who your child is than on what your child does. Remember you’re growing a person, not fixing a problem”.
Program Director
Allow me to talk about the genesis of this office. This office was established in October 1990 to promote and protect the best interests of the minor children and/or dependent children. We all know that children are the most vulnerable members of our society and raising them in a proper way is very important as in raising them we will also be contributing to a better future and better South Africa.
Furthermore, all children have the right to know and to be cared for by their parents. It is only this office which is at the centre of ensuring that the most vulnerable members of our society are protected from the harsh realities of life and the crossfire of their parents’ turbulent relationships. When this office was established, its mandate was limited to only helping children who were affected by divorce of their parents. Its mandate was very selective. It did not promote and protect the best interests of all children. The limited mandate was extended by the promulgation of the Children’s Act, 2005. I pause to mention that the protection of children form part of our crime prevention strategy. Research has proven that children who grow up surrounded by sound family relationships are less likely to commit crime and to partake in unacceptable activities such as drug and alcohol abuse. The extension of the mandate changed everything. Now all children and the society at large are able to enjoy their rights. Our Constitution guarantees to children, the right to family care, parental care or appropriate alternative care when removed from family environment.
These rights are available to all children whether their parents are married or not. The old notion that when the father of the child is not married to the mother of the child cannot have contact with the child has been done away with as a result of the office of the Family Advocate. Now those fathers can approach the office of the Family Advocate to know and understand their rights and responsibilities to their children.
Ladies and gentlemen,
Before I highlight some of the strides we have made with regard to the ensuring protection of the most vulnerable members of our society, allow me to share with you some of the milestones the Office of the Family Advocate has achieved after the extension of its mandate.
When the Mediation in Certain Divorce Matters Act, 1987 came into operation on the 1st of October 1990, it made provision for, amongst others, the establishment of the first six offices which were established between 1990 and 1992 according to the seats of the High Court of South Africa- excluding the High Courts in the then so-called self-governing territories for black people or the TBVC states. The extension of the mandate in terms of the Children’s Act resulted in the Office of the Family Advocate being established in all 9 provinces. Over and above the 9 provincial offices, there is also the office of the Chief Family Advocate which is situated at the National Office of the Department of Justice and Constitutional Development. Currently there are 26 established offices in all 9 provinces, with a distribution of between 2 and 4 offices per province. Furthermore, all courts in the country are serviced through satellite service points.
The establishment of these offices marked a new era in our society in that the services of the Office of the Family now reaches the previously disadvantage communities thereby shifting the perception that was created by common law. This also contributes to the education of the society and contributes in nurturing children.
In the early stages of the implementation of the Children’s Act, in particularly in the year 2010, the office of the Family Advocate was able to mediate on average per month about 320 family matters involving fathers of children born out of wedlock. This resulted in Parental Plans as well as Parental Rights and Responsibility Agreements being drafted, thereby safeguarding the best interests of the minor children.
As the society became aware of the services offered by the Office of the Family Advocate, the demand for these services has since increased immensely. This is evident from the fact that the Family Advocate is involved in mediation of family matters on average per month of 2000.
The Family Advocate is also involved in divorce litigation matters on average per month of 5000 in terms of which enquiries are held with the parties, children are assessed as regards to what is in their best interests, reports are drafted and furnished to court for purposes of assisting the court in making an appropriate order as regards the welfare of the minor or dependent children.
The Office of the Family Advocate has made its offices family and child friendly to make the children and families feel safe and comfortable. Example of child friendly method the Office introduced is the Child Tool Kit. Before the use of the Child Tool Kit, Family Counsellors would ask a child important questions about his or her background and lifestyle, information that is vital to any legal case, however, it was challenging to get the children to open up to a stranger about intimate and emotional matters. The development of the kit, which consists of colouring books, crayons, family and friendly figures, amongst others, gives the child a tool with which to answer the Family Counsellor’s questions without feeling threatened.
The Office of the Family Advocate contributed to skills development and empowering of the youth by creating the positions of Family Law Assistants whose functions, includes, amongst others to assist the society with answers to general queries through telephonic contact and attending to the walk-in clients.
The Office of the Chief Family Advocate is the Central Authority in respect of international parental child abductions in terms of which a child below the age of 16 years has been removed from his primary residence and retained in another country by his or her parent in violation of another parent’s rights and responsibilities towards the child. This is provided for in terms of the Hague Convention on the Civil Aspects of International Child Abduction. The Hague Convention on the Civil Aspects of International Child Abduction is an international treaty which seeks to promote the best interests of children by protecting them from the harmful effects of unlawful removal by their caregivers from one state or country to another. The Office of the Chief Family Advocate is dealing with about 40 -50 cases per month on average.
In conclusion, let me appreciate the tireless efforts of our dedicated officials working in these offices that seek to safeguard the interests of our children. These are people who work with dysfunctional families who always need someone to blame because they cannot seem to own up to the real problem or see their own behaviour. Your hard work has not gone unnoticed.
Let us not betray the legacy left by the first President of a democratic South Africa, the late Nelson Mandela who once said “It is my deepest conviction that the children should be seen and heard as our most treasured assets. They are not ours to be used or abused but to be loved and nurtured and encouraged to engage in life to the full extent of their being, free from fear”.
I thank you.
