Z Skweyiya introduces new Children’s Amendment Bill

25 July 2006

The Minister of Social Development, Dr Zola Skweyiya has introduced the
Children’s Amendment Bill (Section 76 Bill) in the National Council of
Provinces (NCOP) today, 25 July 2006.

Dr Skweyiya invites the children, members of the public and all interested
parties to support public hearings in the provincial legislatures during August
and September 2006. This will enhance children’s participation in the
discussion of issues that affect them directly, and ensure that the views of
key stakeholders are heard when preparing this crucial legislation.

President Mbeki assented to and signed the Children’s Bill on 8 June 2006
and it is now known as the Children’s Act 38 of 2005. This Act can only take
effect on a future date, still to be fixed by the President by proclamation in
the Gazette. It is for this reason that the Children’s Amendment Bill must
first be passed by Parliament where the Children Act is and the Amendment Bill
will become a single comprehensive Act. Therefore, the Children’s Act is not
yet ready for implementation and the Child Care Act (74 of 1983) is still in
operation.

“Child protection and development is a priority in this country. We
therefore urge the public to make their voices heard, to enable us to produce a
comprehensive Act that will build the right environment for the sound growth,
development and protection of our children,” said Dr Skweyiya.

The Children’s Act of 2005 makes provision for the following statutory
matters:
* to give effect to certain rights of children as contained in the
constitution
* to set out principles relating to the care and protection of children
* to define parental responsibilities and rights
* to make further provision regarding children’s courts
* to provide for the issuing of contribution orders
* to make new provision for the adoption of children
* to provide for inter-country adoption
* to give effect to the Hague Convention on Inter-country Adoption
* to prohibit child abduction and to give effect to the Hague Convention on
International Child Abduction
* to provide for surrogate motherhood
* to create certain new offences relating to children
* to provide for matters connected therewith.

The Children’s Amendment Bill being introduced by Dr Skweyiya can be
described as a complex and as an integrated bill with the following
objectives:
* to amend the Children’s Act, 2005.
* to insert certain definitions such as “child headed household” and “cluster
foster care scheme” amongst others
* to provide for partial care of children
* to provide for early childhood development
* to make further provision regarding the protection of children
* to provide for prevention and early intervention services
* to provide for children in alternative care
* to provide for foster care.
* to provide for child and youth care centres, shelters and drop-in
centres
* to create certain new offences relating to children and to provide for
matters connected therewith.

Concurrent to the legislative process, the department is in the process of
appointing a service provider to draft regulations to the new comprehensive
Children’s Act (Act 38 of 2005) (for both section 75 and 76 parts) and once
these are in place, the Act will be in operation through proclamation.

Background

The Children’s Act 2005 is culmination of a long process of consultation and
deliberations. In 1997, the Minister of Social Development requested the South
African Law Reform Commission to investigate the Child Care Act of 1983 and to
make recommendations. The Law Reform Commission finalised its report and
proposed a draft Children’s Bill in 2003. Following the elections in 2004, the
Bill was revoked by Parliament and through an extensive process of
deliberations and public hearings.

The Department of Social Development (DSD) took the consultation process
further by establishing a National Steering Committee with representation by
the national Departments of Justice and Constitutional Development, Education,
Health, Labour, South African Police Service, Home Affairs, and the Office of
the Rights of a Child in the Presidency to engage with Parliamentary Committees
on its responsibilities in relation to this bill.

The section 76 Children’s Amendment Bill is available on
www.socdev.gov.za

Issued by: Ministry of Social Development

25 July 2006