Issued by: Ministry for Welfare and Population Development
STATEMENT BY WELFARE AND POPULATION DEVELOPMENT MINISTER GERALDINE FRASER-MOLEKETI ON THE OCCASION TO INTRODUCE THE FIRST ISSUE PAPER ON THE REVIEW OF THE CHILD CARE ACT
12 May 1998
Today, it gives me pleasure to introduce the First issue Paper on the Review of the Child Care Act - another demonstration by Government of its commitment to redress imbalances that have adversely affected millions of vulnerable children of this country. d policies that led to deep-rooted poverty and unemployment, poor or non-existent schooling, breakdown of family life and the strains on society in transition - the majority of South African children were left - and still find themselves in an extremely vulnerable position.
Apart from the Child Care Act 74 of 1983 (the most important legislative instrument for the protection of children in South Africa), the rights and needs of children are dealt with in many different laws: the common law, the customary law, religious laws by various courts. Amendments have been made over the years in a piecemeal, unco-ordinated way, and there has not been a strategy to create a legal system which will promote the well being of children in a comprehensive, holistic manner.
Constitutional imperatives and South Africa's international legal obligations flowing from the ratification on 16 June 1995 of the United Nations Convention on the Rights of the Child (1989), accentuate the necessity of undertaking a comprehensive rewrite of the principal Child Care Act. At the same time, the essential need for "Africanising" child care and protection mechanisms, reviewing and harmonising all relevant child related laws must be addressed.
It was against such a background that in 1977, I recommended the establishment of the South African Law Commission Project Committee to review the Child Care Act. The challenge addressed in the First Issue Paper is therefore, the development of a systematic and coherent approach to child law, an approach which is consistent with constitutional and international law obligations of:
After setting out the Committee's vision for comprehensive child legislation for the 21st century, the Issue Paper analyses the framework set by the Convention, other relevant international instruments (such as the OAU Charter on the Rights and Welfare of the Child) and the South African Constitution.
A major criticism of the present Child Care Act is that it is too narrowly focussed, with a heavy emphasis on formal legal interventions in individual situations. The Issue Paper addresses this criticism by outlining - in a detailed problem state me and situation analysis - major issues affecting the broad mass of children in South Africa. There is reference to children in difficult circumstances. These include:
An overview of existing policy initiatives impacting on children, places the investigation firmly within the existing policy context. These include (among others):
A large part of the Issue Paper focuses on the Child Care Act of 1983, presently the principal instrument for assisting children who may be in need of substitute parental care or alternatives to this.
Thorny issues surrounding adoption, including trans-racial, trans-cultural, adoptionss, the requirement of and dispensing with parental consent to adoption, and the possibility of subsidised adoptions - are also dealt with by the Paper. Reporting of child abuse, ill treatment and mainourishment, and issues surrounding child labour are also addressed.
The issue paper Concludes by emphasising on the need for consensus as to the ideal scope of proposed new child legislation. Other important considerations include: t to allocate sufficient resources to underpin the proposed new children's statute.
In line with participatory democratic principles, I call on all South Africans: organs of civil society, community based-organisations, Government departments, education, health, welfare and youth workers, to comment and make suggestions to this important document.
The Committee wants to enable all role players to participate meaningfully in the process of reforming law for our nation's children. Together, South Africans, must create a legal framework within which our children will be protected and empowered to realise their full potential.
For more information on obtaining your copy or making a submission, please contact the: SA Law Commission Project Committee on the Review of the Child Act, C/O The Secretary, SA Law Commission, Private Bag X668, Pretoria 0001.
The telephone is(: (012) 322-6440 Fax: (012) 320-0936 E-mail: gordon@salawcom.org.za
Lastly, let me thank everyone, particularly members of the project for their hard work in producing this document. No doubt it will stimulate a lively discussion and steer us to the right direction as we rewrite decades of apartheid legislation.
ISSUED: Ms Geraldine Fraser-Moleketi, MP Minister for Welfare and Population Development