Z Skweyiya: Children's Amendment Bill second reading debate

1 November 2007

Madam Speaker
Honourable Members
Deputy Minister of Social Development
Children of South Africa

It has been ten long years since work initially begun on the Children's
Bill. In the meantime the conditions facing the children of South Africa have
persisted, sometimes with added complications. It is therefore with great
gratitude and honour that I stand here during this second reading of the
Children's Amendment Bill. On the occasion of the first reading we committed
ourselves to ensuring that South Africa and the world become places fit for
children. I am therefore honoured to participate in yet another milestone which
sets us on a sustainable path to realise this goal.

This goal is also recorded in the annals of our history in the body of the
Freedom Charter and the International Conference on Children, Repression and
Law in South Africa hosted in Harare in 1987. On the occasion of the 1987
conference, President OR Tambo warned us that: "We cannot be true liberators
unless the liberation we achieve guarantees all children the rights to life,
health, happiness and free development. Our liberation would be untrue to
itself if it did not, amongst its first tasks, attend to the welfare of the
millions of children whose lives have been stunted and turned into terrible
misery."

Madame Speaker, I am sure that OR Tambo would agree that although it has
taken ten years, we are now well on our way to ensuring that our liberation
remains true to itself. Honourable members, our ten year journey coincidentally
reached its penultimate pause a day after we marked Social Development Month.
It was also a month in which we chose to focus on children, by accelerating the
delivery and registration of Early Childhood Development (ECD) sites. To date
we have registered 9 726 ECD sites.

This Children's Amendment Bill is yet another contribution to the creation
of an enabling environment to sustained interventions in the ECD sector. The
legislation will also facilitate for deepened support to the Expanded Public
Works Programme (EPWP). This work includes the assessment, registration and
monitoring of ECD programmes. Further, through this legislation this work will
include the development of partial care strategies, programmes and centres. Our
ultimate goal is to ensure that each and every child receives a lifetime
foundation through an appropriate and quality pre schooling education. We do
so, because we remain firm in our belief that quality education is a major
contributor to our long term war against poverty and equality.

This Children's Amendment Bill is also destined to be an integral part of
the Children's Act (Act 38 of 2005) thus bringing to realisation the full
spectrum of child protection instruments available to all spheres of
government. The Bill sets out to bring to life and fully operationalise our
collective obligations to:
* promote the preservation and strengthening of families
* realise constitutionally guaranteed rights to the child
* putting the best interests of a child first
* strengthening community childcare and protection structures

The Bill also introduces further improvements with regards to child
protection by providing for well resourced strategies and programmes. In order
to facilitate for collective action towards child protection, the Bill also
places a responsibility on all members of society to report the abuse and
neglect of children.

Honourable members, over the years we have been at the forefront of
highlighting the growing number of child-headed households. We have also
highlighted the limitations of the current policy and legislative vacuum in
addressing the needs of these households. Consequently, the Bill further
recognises and extents vulnerability criterion, with a view of supporting child
headed households. In doing so, Heads of Departments in the provinces can now
extend integrated services to children who head households. Additionally, the
Bill allows for the courts and/or the Department to intervene in providing
supervision by designated adults or organisations for all child headed
households. The Bill also places a limitation on the powers available to
supervisors of such households by obliging them to consult with the children,
whilst also empowering the children to report inadequate supervision or
abuse.

Honourable members, the Children's Amendment Bill initially passed by the
National Council of Provinces (NCOP) had made provision for the discipline of
children, much to public and media attention. Although many played to the
public gallery, I am grateful for the leadership provided by the Chairperson of
the Portfolio Committee. I am also grateful to all the members of the Committee
who tried to reach consensus on this matter, but who in the end had to find a
workable solution so as to avoid further delays to the balance of this
amendment Bill.

I must however take this time to reflect on the outcomes of a national
Children's Conference which was convened in 1992 in response to the outcomes of
the 1987 Harare Conference. The child delegates at this 1992 Conference adopted
"The Children's Charter of South Africa." This Charter addresses key principles
in caring for children in the context of a democratic and free South Africa.
Article five of the Charter directs the state, political parties and civil
society to secure for the children of South Africa, "the right to be protected
from all types of violence including…physical, emotional, verbal and all other
forms of violence." The Charter goes on further to say that "all children have
the right to freedom from corporal punishment at school, from the police, and
in prisons and at home."

Honourable members, it is my hope that clause 139 will be further explored
in a less sensational and more progressive manner. In the meantime, because we
agree with you that the clause was erroneously tagged, we have deleted it from
this Bill. We also value consensus and grassroots inputs. Consequently, we will
endeavour to ensure greater and more meaningful consultations. We have started
doing so during our annual consultations with the civil society last week in
Pretoria.

We agree with the Honourable Masutha that "there is far too much at stake to
let one clause derail this Amendment Bill." We believe the measures it puts in
place in ensuring the safety of children is far more important than
politicking.
The fate of the 1 in 31 children who work long hours remains in our
consciousness. In this regard, the Amendment Bill places further prohibitions
on child labour and exploitation, in line with international conventions.

The strides undertaken by the Bill in profiling the importance of family
preservation and strengthening are far too dear to us. These family building
interventions are also to be complemented by alternative care and revamped
foster care provisions. These provide the possibility of ensuring that all
children are cared for. We have also ensured that foster care is elaborated on
by also including a provision for the placement of children with a family
member.

In addition to this, we have introduced a cluster foster care scheme which
is to be managed by non profit organisations, so as to accommodate care to
groups of children in houses accommodating not more than six children per
house. Amongst other innovations we have also introduced mechanisms to regulate
child and youth care centres and drop-in centres. Honourable members, I am sure
you will join us in welcoming this Bill, which together with the Children's Act
has been fully costed and will inform existing and future resource allocation
for children at various levels. To successfully implement this Bill we will put
in place institutional mechanisms for intersectoral co-ordination and
collaboration as well as skills enhancement.

With regards to this, let me take this opportunity to thank all those
stakeholders that have begun to assist with coordination and addressing
capacity constraints faced by the public sector. In particular I was elated to
receive an unsolicited copy of a Commentary on the Children's Act from
Professor Davel and Doctor Skelton from the University of Pretoria.

The commentary was launched last week and is an excellent resource which
sets out key issues related to the provisions of the Act. It is such foresight
that enables us to ensure that our children grow up in a South Africa fit for
them. This contribution will no doubt complement all the other work we will
undertake in the next few months related to the training of all our social
service professionals and officials. All this will require the finalisation of
regulations and norms and standards as well as practice guidelines which the
department is currently drafting. This Bill together with the Children's Act
will require a comprehensive communication strategy which can only be
implemented in partnership with all of society including the private
sector.

Let me conclude by reiterating our continued determination to ensure that
our children grow up in a secure family life and enjoy the rights and
privileges they deserve. We will continue to do everything in our powers,
including forging the necessary partnerships to ensure that no child goes
hungry or is abused by any member of our society. We shall not rest until South
Africa is fit for our children.

My appreciation also goes to all civil society organisations, individuals,
and officials from various state institutions, who all worked hard to ensure
that this Amendment Bill remains true to our liberation and democracy.

I thank you.

Issued by: Department of Social Development
1 November 2007