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.

  • Mphozessed - 2012-01-10 16:44

    I cant wait for the outcome

  • Blade - 2012-01-10 17:26

    The real problem is the culture of overbreeding prevelant in a certain sector of our country. Of course this will never be addressed though.

  • Shirley - 2012-01-10 17:45

    Children slip through the cracks daily with all the red tape-what happend to the childs safety and well being??? Children are abused,burnt,injured then removed only to be placed back and this often ends in the death or irreversable damage to the child! This country should grow a pair and stop having so many rights for the offenders and start concerntrating on the well being of the VICTIMS!

  • Ingrid - 2012-01-11 06:43

    The childrens rights safety act should override any other as far as the child's safety is concerned.They don't very easily remove children from their parents, so when they do, it is with valid reason.The courts MUST decide in favor of the children, and not of the parents that are going to make a huge rararara, and scares the government, because the government is afraid of what other countries might say or do. They should decide on a law that OVERRIDES any other law - for the safety of our children of this country. It is sad that children need to be removed from their parents - perhaps the parents (in a case of child removal) must be forced to go for therapy and lessons on how to be parents to the chil/children whom they so easily brought into this world.

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