ConCourt to rule on Children's Act

2012-01-10 16:23
Johannesburg - The Constitutional Court is expected to rule on Wednesday on the validity of the North Gauteng High Court's declaration that some sections of the Children's Act are unconstitutional.

The court heard arguments in August on the confirmation of an order of constitutional invalidity by the high court.

The high court declared sections 151 and 152 of the Children's Act 38 of 2005 unconstitutional to the extent that they failed to provide for a child who had been removed from parental care and placed in temporary safe care.

In terms of section 172(2)(a) of the Constitution, an order of constitutional invalidity by a high court has no force unless it is confirmed by the Constitutional Court.

The case arises from an August 2010 raid in which children were removed from people found begging, and were placed in temporary safe care.

This was done without a court order by Gauteng health and social development department social workers and City of Tshwane officials.

The children's parents approached the high court for an order restoring them to their care, which was granted.

Among other things, the order also declared sections 151 and 152 of the Children's Act constitutionally invalid as they did not provide for a child to be brought before the Children's Court for a review of the removal and placement in temporary safe care.

The court held that this constituted an infringement of the right of the child to family care or parental care.

- SAPA
Read more on:    legislation
NEXT ON NEWS24X
SHARE:

Read News24’s Comments Policy

24.com publishes all comments posted on articles provided that they adhere to our Comments Policy. Should you wish to report a comment for editorial review, please do so by clicking the 'Report Comment' button to the right of each comment.

Comment on this story
4 comments
Add your comment
Comment 0 characters remaining
 

Inside News24

 
/News
 

Joburg hot spots for cocktails, craft beer, tapas and wine!

It’s the season to be jolly – so we’ve rounded up some new Joburg hot spots!

 
 

I love summer.24

Christmas lingerie to make this festive season the best one ever!
13 things you might not know about Disneyland
The craziest deaths of 2014
How to make this a sensual, sexy summer!

Jobs in Cape Town [change area]

Property [change area]

Travel - Look, Book, Go!

Kalahari.com - shop online today

2DAYS ONLY – 30% off Appliances

Coffee makers, blenders, fans, juicers and more. T&Cs apply. Shop now!

2 DAYS ONLY – 40% off books

Get 40% off when you buy 2 books. For two days only! T&Cs apply. Buy now!

Up to 50% off on outdoor gear

Save on chairs, blankets, cooler bags, umbrellas and more. Shop now!

Save on Samsung

Cameras, mobile phones, TVs, Tablets and more. While stocks last. Shop now!

Grand Theft Auto 5

Now available on PS4, Xbox One and PC from R649. Buy now!

OLX Free Classifieds [change area]

Samsung Galaxy s4

Mobile, Cell Phones in South Africa, Western Cape, Cape Town. Date October 24

Best bargain in big bay

Real Estate, Houses - Apartments for Sale in South Africa, Western Cape, Cape Town. Date October 25

VW Golf 6, 1.6 Trendline (Excellent condition)

Vehicles, Cars in South Africa, Western Cape, Cape Town. Date October 25

Horoscopes
Aquarius
Aquarius

There is so much going on around you and inside your head. You may want to take your ideas to the next level. Romance may be...read more

There are new stories on the homepage. Click here to see them.
 
English
Afrikaans
isiZulu

Hello 

Create Profile

Creating your profile will enable you to submit photos and stories to get published on News24.


Please provide a username for your profile page:

This username must be unique, cannot be edited and will be used in the URL to your profile page across the entire 24.com network.

Settings

Location Settings

News24 allows you to edit the display of certain components based on a location. If you wish to personalise the page based on your preferences, please select a location for each component and click "Submit" in order for the changes to take affect.








Facebook Sign-In

Hi News addict,

Join the News24 Community to be involved in breaking the news.

Log in with Facebook to comment and personalise news, weather and listings.