Certain sections of Children’s Amendment Act in effect

10 Nov 2023

Certain sections of the Children’s Amendment Act have come into effect.

Proclamation 142 was published in Government Gazette 49615.

President Ramaphosa assented to the act in January 2023.

Parliament gave the green light to the Children’s Amendment Bill and sent it to the president for assent in December 2022.

The bill was tabled in parliament at the end of August 2020.

The portfolio committee on social development, in 2021, rejected clauses in the bill on early childhood development.

In a statement at the time, the portfolio committee confirmed that the decision followed comprehensive legal advice to reject aspects of the bill that were defective and proceed to process the rest of the provisions of the bill.

The portfolio committee adopted the bill with amendments and sent it to the national council of provinces (NCOP) for concurrence in September 2022.

The NCOP amended the bill and returned it to the national assembly for concurrence in November 2022.

The portfolio committee adopted the proposed technical amendments drawn up by the select committee on health and social services.

The act, published in Gazette 47828, aims to amend the Children’s Act, 2005, so as to:

• amend and insert certain definitions;
• extend the children’s court jurisdiction;
• further provide for the care of abandoned or orphaned children and additional matters that may be regulated;
• provide for additional matters relating to children in alternative care; and
• provide for matters connected therewith.

Sections 1, 2, 3, 6, 7, 8 (a),(b),(c) and (d), 9, 10, 13 and 14 came into effect on the date of publication of the proclamation.

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See also:

• Children’s Amendment Act signed
• Guardians of the galaxy… The needs & requirements of minor children
• The Children’s Act discriminates against unmarried parents
• Illegitimate children and inheritance rights in South Africa

(This article is provided for informational purposes only and not for the purpose of providing legal advice. For more information on the topic, please contact the author/s or the relevant provider.)