29 June 2007
Certain sections of the Children's Act of 2005 (Act No 38 of 2005), dealing
primarily with key child care and protection principles, will come into effect
on Sunday, 1 July 2007.
The Children's Act gives effect to certain rights of children, sets out
principles relating to the care and protection of children, defines parental
responsibilities and rights and makes provision for matters such as children's
courts, adoption, child abduction and surrogate motherhood.
"The bulk of the Act deals with matters that must be implemented on a
practical level, which means that regulations will be required before these
matters can be operationalised. The Act, however, also deals with principles
that are fundamental to the manner in which children are treated and protected.
These fundamental principles, as initiated by the children's rights provisions
of the Constitution, 1996 and the various international instruments on
children's rights that South Africa has acceded to and ratified must be taken
into consideration in all matters affecting children, but do not require
regulations for operationalisation. To ensure the application of these
important principles to all matters affecting children, the legislation
containing the principles should be put into operation as soon as possible,"
said Dr Zola Skweyiya, the Minister of Social Development.
The principles referred to above include the dominance of the best interest
of the child, the right to child participation in any matter concerning that
child, children living with disability or chronic illness and a child's right
of access to court.
The Act also clarifies the grey area that currently exists in relation to
the age of adulthood. The Constitution and international instruments pertaining
to children define a child as a person under the age of 18 years, while the Age
of Majority Act, 1972 stipulates the age of 21 as the age of majority. The Act
now determines that a child becomes a major on reaching the age of 18 and the
current disparity is therefore resolved.
The Act also contains new provisions on the parental responsibilities and
rights of unmarried fathers relating to access to and custody of their
children. Apart from granting rights to fathers of children born once the Act
has commenced, the Act also contains a retrospective provision giving rights to
unmarried fathers of children born before the commencement of the Act.
The main objectives of the Act are:
* to promote the preservation and strengthening of families
* to give effect to certain constitutional rights of children
* to give effect to the Republic's obligations concerning the well-being of
children in terms of international instruments binding on the Republic
* 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
* to protect children from discrimination, exploitation and any other physical,
emotional or moral harm or hazards
* to provide care and protection for children who are in need of care and
protection
* to recognise the special needs that children with disabilities may have
generally
* to promote the protection, development and well-being of children.
All the sections now excluded will be operationalised at a later stage. In
order for the rest of the Act to be operationalised, regulations need to be
finalised first and another proclamation will be prepared at a later stage.
Sections that will come into operation on Sunday, 1 July 2007
Section: Heading
1: Interpretation
2: Objects of Act
3: Conflicts with other legislation
4: Implementation of Act
5: Inter-sectoral implementation of Act
6: General principles
7: Best interests of child standard
8: Application
9: Best interest of child paramount
10: Child participation
11: Children with disability or chronic illness
13: Information on health care
14: Access to court
15: Enforcement of rights
16: Responsibilities of children
17: Age of majority
18: Parental responsibilities and rights
19: Parental responsibilities and rights of mothers
20: Parental responsibilities and rights of married fathers
21: Parental responsibilities and rights of unmarried fathers
27: Assignment of guardianship and care
30: Co-holders of parental responsibilities and rights
31: Major decisions involving child
35: Refusal of access or refusal to exercise parental responsibilities and
rights
36: Presumption of paternity in respect of child born out of wedlock
37: Refusal to submit to taking of blood samples
38: Effect of subsequent marriage of parents on child
39: Rights of child born of avoidable marriage
40: Rights of child conceived by artificial fertilisation
130: HIV-testing
131: HIV-testing for foster care or adoption purposes
132: Counselling before and after HIV-testing
133: Confidentiality of information on HIV/AIDS status of children
134: Access to contraceptives
305: Offences
307: Delegation of powers and duties by Minister
308: Assignment of powers and duties by Minister
309: Delegation of powers and duties by MECs for social development
310: Delegation of powers and duties by Director-General
311: Delegation of powers and duties by provincial heads of social
development
313: Amendment of laws
314: Transitional matters
315: Short title and commencement
Schedule 4: Legislation repealed
2nd item: General Law Further Amendment Act, 1962
3rd item: Age of Majority Act, 1972
5th item: Children's Status Act, 1987
7th item: Guardianship Act, 1993
9th item: Natural Fathers of Children born out of Wedlock Act, 1997
The above-mentioned sections do not need regulations in order to be
operationalised.
Enquiries:
Lakela Kaunda
Cell: 082 7822 575
Zingaphi Matanzima
Media Liaison
Tel: 012 312 7381
Fax: 012 312 7470
Cell: 073 122 3133/074 197 8383
E-Mail: Zingaphim@socdev.gov.za
Issued by: Department of Social Development
29 June 2007
