THE CHILDREN'S ACT MADE SIMPLE

What does the new Children’s Act do?

Children also have fundamental rights, for instance dignity, freedom and security. The goal of the new Children’s Act is to:

  • Protect and improve children’s rights.
  • To put the interests of children as first priority.
  • Where applicable, to allow children to be involved in the decisions that affect them.
  • Protect and strengthen families.
  • Recognise the important role of the community in the lives of children.

How does the Children’s Act protect our children? 

A National Child Protection Register contains:

  • Information regarding abuse or alleged abuse of children.
  • Names of people who are incompetent to work with children due to a history of child abuse.
Children who are in need of care or protection can:
  • Be taken to a place of safety.
  • Be taken to a child and youth care facility.
  • Be placed in foster care.


THE CHILDREN'S ACT  (No. 38 of 2005)

The Children's Act (No. 38 of 2005) Click here...
Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007 Click here...
Children's Act Summary Click here...
Children's Act Explained Booklet 1  Click here...
Children's Act Explained Booklet 2  Click here...
Children's Act Explained Booklet 3  Click here...
FAQ's on the Children's Act   Click here... 
Law on children and sexual abuse made simple Click here...

Section 110 (1) of Act 38 of 2005 as amended

  • In terms of this section certain professionals eg. ‘Teacher’, has a duty to report.
  • They must on reasonable grounds conclude that the child has been abused in a manner causing physical injury or deliberate neglect.
  • Conclusion must be reported in the prescribed form
  • It must be reported to The “Provincial Department of Social Development or a Police Official”.

Section 110 (2) of Act 38 of 2005 as amended

  • In terms of this subsection “Any person” who on ‘reasonable grounds believes that a child is in need of care and protection’.
  • May report belief (not compulsory,  has a discretion) to a “Provincial Department of Social Development, a designated child protection organization or a police official”.

Section 141 (2) of Act 38 of 2005 as amended

  1. In terms of this subsection “A social worker or social service professional” has a duty to report any instance of a contravention of subsection 1(2), (b), (c) or (d)
  2. Any instance of a child labour or a contravention of the provisions of the Basic Conditions of Employment Act, 75 of 1997.

  • In both (1.) and (2.) above it must be reported to a (a) Police Official or (b) Department of Labour.
  • Failure to report under this section results in criminal offence.
  • Section 305 (1)(c) a person is guilty of an offence if that person fails to comply with section 141(1).