Minister of Social Development Zola Skweyiya on Thursday responded to a report on Wednesday that child rights groups are increasingly alarmed at his attempts to fast-track the Children’s Bill ahead of next year’s election.
The Children’s Bill — meant to replace the Child Care Act of 1983 — is a holistic approach to the rights of all children. Among other things it would put in place a new, child-friendly court system.
According to Wednesday’s report Skweyiya called for the finalisation of Parliament’s work on the Children’s Bill by February at the latest.
The director of Resources Aimed at the Prevention of Child Abuse and Neglect (Rapcan), Carol Bower, said the minister seemed unaware that the Bill in its current form was nothing like the version prepared by the South African Law Reform Commission.
“The Bill as it now stands has been mutilated to such an extent that most of the research and consultation on which it was originally based have been ignored and what is left is barely recognisable,” she said.
Children’s Institute spokesperson Paula Proudlock said the elimination of vital aspects of the Bill was very short-sighted. She said the Bill had originally included a chapter on child rights.
“Originally 20 rights were listed, that has now been cut to five. The original chapter took the constitutional rights of the child and expanded and explained them. On the ground service providers do not know what the rights mean and how to put them into practise,” Proudlock said.
The Bill also originally had a social security chapter that made provision for a child support grant to anyone who cared for a child. Proudlock said the grant would have made it possible for anyone who cared for a child — a grandmother, an aunt — to have access to money for food and shelter.
She said the grant would have made it possible for anyone who cared for a child — a grandmother or an aunt, for example — to have access to money for food and shelter.
In his response, Skweyiya said the Bill will assist in better coordination and integration of government and societal efforts to care for children.
“We intend to create a South Africa fit for our children. In doing so we must consider what was within our realistic capacity and capability, as a government,” said the minister in response to the claims that the Bill was “mutilated”.
He pointed out that the Bill “for the first time in South Africa” addresses the needs of children, “in particular those who are most vulnerable”.
“The South Africa Law Reform Commission … coordinated the inputs to the Bill and made proposals to the government. As is customary with such proposals the government considered the resource implications of the proposal and has expressed its support to noble ideals raised by some lobbyist,” said Skweyiya.
“If we implement these proposed additions and obligations then our state with its current capacity and resource limitations will face enormous litigation, which would eventually drain the very resources we intend putting for children.”
The Bill is currently under the consideration of the portfolio committee on social development. It will coordinate the efforts of several government departments, including education, health, justice and social development.
Outrage at ‘mutilated’ Children’s Bill