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Parts of Children's Act declared invalid

2012-01-11 17:38

Johannesburg - Some parts of the Children's Act were confirmed to be invalid by the Constitutional Court on Wednesday.

The North Gauteng High Court declared sections 151 and 152 of the Children's Act unconstitutional on May 27.

It found they failed to provide for a child removed from parental care and placed in temporary safe care to be brought before the Children’s Court for automatic review of the removal.

In terms of the Constitution, an order of constitutional invalidity by a high court must be referred to the Constitutional Court for confirmation, without which it will have no force.

Additional paragraph

The Constitutional Court ordered that the high court orders be set aside and replaced with an order that an additional paragraph be read-in to section 151 of the Children's Act.

The paragraph reads: "The court ordering the removal must simultaneously refer the matter to a designated social worker and direct that social worker to ensure that, among other things, the removal is placed before the Children’s Court for review before the expiry of the next court day after the removal."

Section 152(3)(b) of the act was replaced by a section reading: "Refer the matter of the removal before the end of the first court day after the day of the removal to a designated social worker who must ensure that, among other things, the removal is placed before the Children’s Court for review before the expiry of the next court day after the referral."

The case arises from an August 2010 raid in which children were removed from beggars and 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 following the court's assertion that the move constituted an infringement of the right of the child to family care or parental care.

Comments
  • Lyndatjie - 2012-01-11 17:50

    I was kinda hoping that the part that was invalid is the "no smacking" the little cherubs rule... :(

      Vegi - 2012-01-11 18:11

      It is invalid even without having declared to be so by a court. No sane parent will refrain from smacking an offending child. We do it daily. I commit myself to doing it as often as necessary to give my little ones a semblance of discipline. Spare the rod and endure future discomfort at the hands of your ruffian children.

      methedex - 2012-01-11 18:46

      "You don't touch!!" "I touch" SMACK!! "Sorry I won't touch again..."

      Sunett - 2012-01-12 09:28

      @ methedex - Thank you! Some people just don't understand the difference between a good smack and beating your child.

      Ryann - 2012-01-19 13:25

      Help us change this.Facebook Wacha Women's March 2012 also www.wachalife.com there 250 000 kids waiting for us to support their efforts.

  • Katharina - 2012-01-11 18:26

    It's sad that we live in a world where laws are necessary to protect children even from their parents. Poor kids...

      Vegi - 2012-01-11 18:41

      It has never been better for the children. They have always had a raw deal in various parts of the planet. In continents I refrain from naming for fear of being called a racist, parents used to eat the young ones with full acquiescence of what resembled a government in the barbaric societies. It is much better now for the children. Whole communities take interest in protecting children and governments are tough on those who make life difficult for the children. We are living in much better times. Please expand your knowledge a bit instead of watching Sevendelaan everyday.

      Morakane - 2012-01-11 21:45

      @ Vegi..the last part...LMFAO

      Ryann - 2012-01-19 13:25

      Help us change this.Facebook Wacha Women's March 2012 also www.wachalife.com there 250 000 kids waiting for us to support their efforts.

  • thelittlegreenhouse - 2012-01-12 09:35

    The most important line in the article: "the right of the child to family care or parental care" It's not everyday that we hear of this very important right being defended.

      Ryann - 2012-01-19 13:25

      Help us change this.Facebook Wacha Women's March 2012 also www.wachalife.com there 250 000 kids waiting for us to support their efforts.

  • Gail - 2012-01-12 12:23

    These children were removed from parental "care" because the parents were using them to maqke money out of by hiring them out to people to beg with or begging with them themselves . This is because the govt grant is insufficient to feed a family and barely supports the child. There are so many children and such a small tax base that the country would go bankrupt if it actually built places of safety and paid for people to train as Social workers and lawyers to deal with the problem. Of course the problem also has a bearing on all the men who go around impregnating young girls and women with no jobs and then just walk away. Most of these are young men who are themselves unemployed. The ANC needs to send out a loud and clear message that unless you are earning a salary as a man and can afford to feed the children you father you will be made to work for the government building much needed infrastructure like hoispitals and schools etc. Kgalema or Mbeki could do this because unlike ZUma they can keep it in their pants. Even Juju could do it since it appears he only has one child that we know about. Maybe because he is from the condom generation.

      Ryann - 2012-01-19 13:26

      Help us change this.Facebook Wacha Women's March 2012 also www.wachalife.com there 250 000 kids waiting for us to support their efforts.

  • vandereems - 2012-01-12 23:28

    The court should be thanked for this recognition of parental rights. It is tragic to note that the Constitutional Court of an failed state such as South Africa confirms parental rights, while an advanced democratic state such as Sweden allows gross infringement of these rights.

      Ryann - 2012-01-19 13:26

      Help us change this.Facebook Wacha Women's March 2012 also www.wachalife.com there 250 000 kids waiting for us to support their efforts.

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