Category Archives: Childrens Act

Children left in locked in cars

What to do if you see children locked and left alone in a car?

Last week we once again heard of children left in a vehicle in the summer heat. As parents we sometimes do not realise how dangerous this can be. Sometimes we think it will be just a quick, at most 5 minutes, time to pick up or drop off something. This quick 5 minutes can change into a much longer time without us realising how long it has become. In this time so much can go wrong.This can also be classified as child abuse.

beatheat

Continue reading

Maintenance Amendment Bill, 2014

Minister Masutha tables the Maintenance Amendment Bill 2014 in Parliament

06 November 2014

DOJThe Minister of Justice and Correctional Services, Adv Michael Masutha has tabled the Maintenance Amendment Bill, 2014 in Parliament on 5 November 2014. The Bill, which has been preceded by a thorough consultative process with concerned parties and established institutions, aims to amend the Maintenance Act No. 99 of 1998. It augments the on-going review of the Act which is currently being undertaken by the South African Law Reform Commission.

The approval of the Bill by Parliament will usher in measures to compel maintenance defaulters to comply with their legal obligations relating to the support of their children. Parents who neglect the responsibility to pay maintenance for their children risk the possibility of compromising their credit records. If the Bill is adopted by Parliament, details of these maintenance defaulters will be submitted to credit bureau which rates the credit-worthiness of persons.  This, in turn, will prevent them from continuing to receive credit while they owe maintenance.

Maintenance courts will be empowered to order relevant institutions to provide details of maintenance defaulters.  On the strength of court orders in this regard, maintenance investigators and officers will be able to secure information from the electronic communication service providers such as Vodacom, MTN, Cell C and Telkom, if it is proven that the defaulter is a subscriber of that specific service provider. The Department is confident that this proposed amendment will improve the investigation process, because it is often difficult to trace maintenance defaulters and get them to court for purposes of maintenance inquiries.

The service providers are geared to assist and lend their support in this regard.  Government expresses its appreciation to them for their assistance in ensuring that persons who have maintenance obligations and who try to avoid their responsibilities are traced and required to carry out their legal obligations.  Women and children will undoubtedly benefit.

The Bill also proposes that, in instances where parties have agreed on their respective maintenance obligations and have signed a form to this effect, reflecting their maintenance obligations, there is no need for them to appear in court.   This will allow the maintenance court to make a maintenance order that is consistent with the agreement, in their absence. The amendment will reduce   workload of maintenance courts, minimise the turnaround time for the finalisation of cases and ensure that beneficiaries receive their money on time, in addition to obviating parents having to take time off work to appear in court where there is agreement on what maintenance is to be paid.

Furthermore, the Bill allows maintenance courts to make interim maintenance orders, pending the finalization of   maintenance inquiries.  This amendment will address the current situation where persons who clearly have maintenance obligations, try to delay, as far as possible, the granting of a maintenance order against them, to the detriment of the women and children involved. The amendments in this regard allow maintenance courts to make interim maintenance orders if there is evidence, indicating that a person has a maintenance obligation and the maintenance inquiry needs to be postponed for a good reason.  However, these interim maintenance orders can be reconsidered if later evidence so justifies.

The above merely highlights some of the proposed amendments in the Bill.   After thorough consultation with the stakeholders, the Bill will go through parliamentary processes and we are confident that the proposed amendments, collectively, will go a long way in making the maintenance system more effective. The amendments are intended to improve the processes relating to investigations by maintenance officers and investigators and empower the persons who have maintenance obligations to remain active participants in the decision-making.

In the spirit of participatory democracy and the interests of the maintenance system, the Department encourages all interested parties to submit their comments to Parliament and contribute in building a South Africa that cares for its women and children.

Enquiries: 
Mthunzi Mhaga
Spokesperson for the Department of Justice and Constitutional Development
0836418141
Mediaenquiries@justice.gov.za

This article has been copied verbatim from the Department of Justice official website.

No 41 of 2007: Children’s Amendment Act, 2007

No 41 of 2007: Children’s Amendment Act, 2007

The following is an extract of our Children’s Amendment Act 2007

Reporting of abused or neglected child and children in need of care and protection

110. (1) Any correctional official, dentist, homeopath, immigration official, labour inspector, legal practitioner, medical practitioner, midwife, minister of religion, nurse, occupational therapist, physiotherapist, psychologist, religious leader, social service professional, social worker, speech therapist, teacher, traditional health practitioner, traditional leader or member of staff or volunteer worker at a partial care facility, drop-in centre or child and youth care centre who on reasonable grounds concludes that a child has been abused in a manner causing physical injury, sexually abused or deliberately neglected, must report that conclusion in the prescribed form to a designated child protection organisation, the provincial department of social development or a police official.

Continue reading

Reporting Child Abuse

Reporting Child Abuse

This post is specifically written for teachers and other educators so that they know how to go about reporting suspected child abuse. Child abuse can manifest in many ways and it is important we all understand that many types of situations can constitute abuse – starvation, malnutrition, violence, living with domestic violence or alcoholic parent/s, physical abuse (both sexual and non-sexual), discrimination, bullying… if in doubt please contact Ukukhanya and we will gladly talk to you about what to do and how to go about it.

Continue reading